Study On Legal Protection Mode Of Database In China

With the further development and expansion of the Internet in China,various types of databases can be widely disseminated through the Internet platform and there is a growing number of blowouts.Major network database manufacturers and data producers produce various types of databases for themselves and others.Due to its extensive use and huge investment,the database brings huge market economic value and gradually becomes a database industry that is crucial to the development of China's economy.However,in such an important economic industry,our country lacks a sound legal protection model to effectively protect it.Faced with the frequent occurrence of database property rights and infringement disputes in practice,the legal protection model of the database in China is still not able to play a very good protective effect,and there are many problems that are difficult to solve.In contrast,many other countries and regions in the world have already done a good job of legal protection for their database industries,especially in areas where the database industry is developed,and have established and improved their own database legal protection models.The database originated in the era of information technology development.It is a collection of data collected,managed,and classified by people so that they can be extracted and used when they are needed.By examining a large number of cases of database disputes that have taken place in China in recent years,it can be concluded that China's existing database protection model mainly adopts the basic principles of civil law,the current copyright law,and China's anti-unfair competition law.However,there are still many defects that need to be selected in more comprehensive ways to effectively protect the database industry.At present,there are mainly foreign countries that use the US as their representative to apply the anti-unfair competition law as the main database protection model and the EU as the representative of the creation of special rights database legal protection model.After comparing their respective advantages and disadvantages,they can provide valuable ideas and useful experience for the proper selection of our country's database legal protection model.Of course,in reconstructing the legal protection model of our country's database,it is necessary to take into account the common people's rights and interests needed for data use.The dissemination and promotion of information data plays an important role in the development of China's economy and the improvement of national literacy.In line with China's actual national conditions.In order to promote high-quality economic development,ensure the widespread dissemination of information data,prevent the possibility of database monopoly,and balance the interests between right holders and users,this paper analyzes the disputes in the theoretical community on China's database due protection model,and then uses empirical analysis.This approach explains the most appropriate model for China's national conditions based on the dual-track protection of copyright law.That is,copyright protection is applied to the compilation works,and the double legal protection mode of establishing neighboring rights is adopted for the non-original database.At the same time,for the creation of neighboring rights protection issues for non-inventive databases,the right and content of database neighbor rights should be clarified,the object scope of database neighbor rights protection should be clarified,the rights restrictions of database neighbor rights should be defined,and the protection period of database neighbor rights should be standardized.