| In the information society,information is the key of wealth.Database has been paid much attention in the world because it is convenient and has a great deal information.The European Union has issued “Directive 96/9/EC of the European Parliament and of Council of 11 March 1996 on the Legal Protection of Databases”,the first to establish sui generis right for the database.Germany and the United Kingdom implemented the EU database protection directive in time.Germany established database protection into the neighboring right of copyright law while UK issued a new legislation.Based on the misappropriation theory,US established database legal protection into anti-unfair competition protection.At present,we can use copyright law about compilation of works on the protection of the original database,but there is no regulation on the non-original database.This paper discusses the protection of intellectual property rights in following respects.First of all,based on the definition and characteristics of the database,the paper researches the theoretical basis of the intellectual property protection of database.Analyzing the connotation of the database originality,the database is in conformity with the essential attribute of the intellectual property,and it is the object of the intellectual property.With the continuous expansion of the object of intellectual property,it will inevitably be replaced by the information property.Secondly,on the basis of the theory of intellectual property protection of database,this paper selects the typical model of database protection in other countries,including the European Union as the representative of the special sui generis right,United States as the representative of the anti-unfair competition protection.This paper makes a comparative study on the subject,object and content of the protection in EU and US,and analyzes their advantages and disadvantages which is reference for the protection of intellectual property of the database in China.Furthermore,analyzing judicial case of the protection of database in China,it is difficult to identify original databases.Lacking of specialized law of the database,the court can only use the basic principles of civil law and anti-unfair competition law to protect the databases.Finally,according to the analysis of the protection of database in other countries and China,it is important for China to establish the dual system on the basis of distinguishing the original database and non original database.On the one hand,it is necessary to strengthen the protection of copyright on the original database.On the other hand,it isessential to establish the database protection legislation for the protection of non original database. |
