On The Legal Protection Model Of Databases

With the development of modern science and technology,especially thepopularization of computer and network technology,information has become animportant element of economic development.In the information age of today,thedatabase industry as an important part of the information industry has also called forthe legal protection.China is a developing country,although the development ofinformation industry is in its infancy,disputes about the database have alreadycommom,and the limit protection of our legal right of the database is deeplyconstraining judicial practice of dealing with dispute cases on the database, to this end,we need to reform the legal protection mode of our existing database to satisfy thedevelopment of China’s database industry.Protection of databases around the world, countries are generally aware of theimportance of strengthening the databases legal protection,and study the legalprotection modes of databases which is fit for their national conditions throughvarious channels.From a global point of view, there are three important points:thecopyright protection mode, anti-unfair competition law protection mode and specialprotection mode.Among them,the copyright protection mode is the most traditionaldatabase protection mode, the world and the international treaties also provide thismode, it is mainly to protect the database as a compilation of works,if the databases’content of the selection or arrangement meet the criteria of originality can get theprotection from copyright law,that is,traditional copyright law does not provideprotection on the content of the selection or arrangement of the database.Anti-UnfairCompetition Law protected mode is to start from the general terms in principle toprovide protection for databases, the non-original database which can not be protectedby copyright law which can be protected in anti-unfair competition law, such asChina’s Anti-Unfair Competition Law provisions of Article II. Special rights protectedmode is created by the EU database commond which is a new databases protectionmode,while in the protection of original databases, it made up for lack of copyrightprotection mode, given a new right which the content of the selection or arrangementof the original database does not have-database right,to protect the database whichdo not have the original creators in the database production process into a largenumber of substantial investments. This is the basic concept from the database, through analysis of national legal protection of databases protected-mode model andthe existence of a variety of advantages and disadvantages, combined with ourexisting model of legal protection of databases, combined with national conditionsand international general regulations,considering the future development trend ofChina’s database industry,making a few suggestions of building a complete model ofChina’s legal protection to help achieve the purposes of the healthy development ofChina’s database industry.