| The model and degree of database legal protection has been a problem. The law has a dilemma between the protection of the interests of database producers and the public information. In fact, the question is a contradiction between production efficiency and public interest, and the goal legal research is to find a balance between them.The first part of this article describes the concept of the database from a technical and legal aspects. We understand the concept and characteristics of how the database should implement legal protection, how to properly implement these laws to protect the foundation. In a certain understanding of the database based on the analysis of the need for legal protection of databases and specificity. High cost of creating the database itself, a huge economic value, but is extremely vulnerable to infringement. While database producers can also use the technical means to protect their own rights, but it is not fundamentally prevent the occurrence of violations database, so with legal protection of databases is imperative.Then the second part of the article lists the general pattern of legal protection of databases, and analysis of copyright law, unfair competition law, trade secret protection and contract law the content of the respective advantages and disadvantages. Which copyright protection is the the most important part of common pattern of legal protection of databases. However, these traditional law to the protection of the database rights are exposed huge flaws.The third section describes the special protection of the rights of the database. Special protection of the rights to a large extent made up for lack of protection of traditional legal model. We're studied the world overview of special rights protection system, the main contents of the special protection of the rights and special rights protection system for the comprehensive evaluation, including compared to the traditional model, the special legal protection its own advantages and shortcomings. The fourth part is the status of legal protection of database analysis and legislative proposals perfect. China's current legal protection of databases is also based on copyright law and unfair competition law-based, no special rights protection system introduced. Our ultimate goal of theoretical research is to promot the improvement of the law and to practice. Through the study of Chinese legal protection status of the database, the author points put forward their own proposals, including legal protection, without abandoning the traditional implementation of special rights based on the feasibility of protection system, and should pay attention to balance the interests of database producers and the public. On this basis, the law can be more comprehensive and rational protection of databases, the database industry can facilitate the continued rapid and steady development, and Chinese law can be more perfect. |
