The Research Of Protection Path About Legal Protection For Unoriginal Database

With the social development, Digital Content Industry become more and more important. In consideration of the massive value of Digital Content Industry, a large number of countries provide legal protection for it. However, as an indispensable part of Digital Content Industry, database could not been protected well with the legal system of intellectual property. Database could be classified into two different categories: original database and unoriginal database. Original database could be protected as collective works while unoriginal database could not. However, in fact, there are numerous databases functioning as tools which provide specific information for people. In order to achieve this goal, such databases need collection as more relevant information as possible without much personal selection. That is to say such database could not be original. Undoubtedly, this is a problem to be solved.At present, there are three kinds of solution: firstly, creating specific database right; secondly, using anti-unfair competition law; thirdly, using other laws. Although many countries did much thing for database legal protection, there are many problems which could not be ignored.On the one hand, creating database right has some disadvantages: firstly, information shall be free, creating right on information is dangerous because public benefits could be hurt. Secondly, the standard which is used to judge whether behaviors are illegal could not been used easily. Thirdly, database right might have some negative influence on the legal system of intellectual property. That is because such right could not meet the standard of traditional intellectual property---works should be original. Finally, such right might exert some negative influence on the database industries.On the other hand, protecting unoriginal database within the existing legal systems, either anti-fair competition law or civil law, share some disadvantages. Firstly, the number of database that could be protected is limited. Only merchants who are competing with the database provider could be ruled under anti-fairy competition law while only people who have made a contract could be punished under civil law. Secondly, which databases could be protected and what degree could such databases be protected to, all these problems are unsure and depend on the judgement of judges.At present, the database industry is developing well. However, the relevant legal protection is insufficient. Therefore, author hopes to make some feasible solutions to these problems in this article.This article has three parts.Chapter 1: what the problem is. This part introduces some basic definition of unoriginal database and then introduces the situation of legal protection of unoriginal database. In this way, finding out what the problem is.Chapter 2: analysis of international legal protection of unoriginal database. There are two main modes of legal protection of unoriginal database: creating specific database right and using anti-fair competition law.Chapter 3: how to protect unoriginal database in China. This part focuses on the reality in China. There is no law which protects unoriginal database in China. That means when the conflicts happen, the judges have to rely on some abstract principles. In order to change this situation, we have four options: database right, anti-fairy competition law, civil law and technical measure.The final conclusion of this article is that it is advisable to protect unoriginal database via anti-fairy competition law. Since law owns the function of keeping the social balance, in other words, the law is indispensable to the economic and social development. However, in fact, massive social issues are influenced by all kinds of elements excluding the law. It is natural for everyone to make measures to protect their own benefits. In consideration of the current situation of database industry in china-on the one hand, our database industry is developing well while it is falling behind the international top level. On the other hand, there are many technical measurements, in other words the public have no easy access to the database. In many cases, the most urgent thing is how to encourage the database producers to treat the public fairly, rather than how to protect the database. What the law should do is to keep the harmony between the database producer and the public, which ensure the database industry developing well for long.