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Our Database Of Intellectual Property Protection Of New Exploration

Posted on:2013-02-20Degree:MasterType:Thesis
Country:ChinaCandidate:J Y ZhangFull Text:PDF
GTID:2216330371968016Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In recent years, because of its huge investment and economic value, the database industry has become one of the pillars of society economy industry. Database is an outcome of the creation of human intelligence, huge investment involved in the design of database makes database have great potential economic values, and be copied or infringed easily. As a result, how to provide a legal protection database has become the focus of domestic and foreign law. But our country did not provide a specific legal protection to database, even in the world, for the legal protection of databases does not form a unified standard.The database has two basic types:one is the choice or layout of data or other material are original, we call it the original database. The other one is the choice or layout of data or other material are unoriginal, but has a substantial investment, we call it the unoriginal database. In this paper, I research and analyze the problems of both the original database and the unoriginal database, and explore the effective protection system of database under the intellectual property rights.At first, the paper introduced the concept and characteristics of databases, and the necessity of legal protection for data.And then, I introduced many kinds of patterns of the legal protection for data in the worldwide and China.To protect the original database, this paper analyze the difficult to judge the original standard both in theory and practice by using many cases. To protect the unoriginal database, this paper examines the unfair competition law in USA. the European Union Database Directive, the neighboring right in Germany's copyright law. From comparing the unfair competition law and the neighboring right, this paper puts forward the view that the neighboring right is more suitable for protecting the unoriginal database. And the unfair competition law can be used as the last means.Finally, this paper put forward how to build the protection system of database under the intellectual property law in our country. And suggest our country should take Germany copyright law for reference, build a protection system of database under the intellectual property, use copyright law to protect original database and use neighboring right to protect the unoriginal database, and the last method is the unfair competition law.
Keywords/Search Tags:Database, original database, unoriginal database, Copyright, unfaircompetition, sui generis right, Neighboring right
PDF Full Text Request
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