Research On Intellectual Property Protection Of Database

Digital information age of today,the database is full of economic,educational,scientific,cultural,entertainment and other social fields,database with its powerful f unction such as information integration,data search in terms of access to informat ion,management information brings us a lot of convenience,it's convenient for our daily life.But how to provide adequate protection to the database,in order to pro mote the healthy development of database industry and social public interests,has caused widespread concern in the international community and academia;also tri ggered a discussion on issues related to the legal protection of the academic the ory.The legal protection mode on the database,the main method of copyright prot ection and special rights protection and anti-unfair competition law protection in three,and in some countries and regions have been adopted and applied,but the p rotection mode due to its own defects and other reasons are yet to be fully acce pted in academic circles.At present,what kind of legal protection mode should be taken to protect the database is still a hot topic in academic circles.This paper tries to clear the related concepts,research background and relevant analysis of t he advantages and disadvantages of each basic legal protection mode,combined with national conditions,to explore the suitable method of database protection,w ith a view to China's information industry database industry and the rapid and h ealthy development suggestions.The main body of this article consists of six parts.The first part,database overview.This part starts with the basic concept,and explains some basic problems about the database such as concept,characteristic and classification.The second part,the importance and theoretical basis of legal protection of database.This part demonstrates the necessity of using the legal system to protect the database from the aspects of the social value,the cost of investment and the development of the infringement,and the deficiency of self defense.Followed by the introduction of the theoretical basis of the legal protection of the database:"forehead sweating" theory and "originality" theory.The third part,the existing main database legal protection mode and its advantages and disadvantages analysis.This part introduces several existing legal protection modes and the advantages and disadvantages of each model.The fourth part is the comparison of the legal protection mode of database in the western countries:a case study of the United States and Germany.This part take the United States as the representative of Anglo American law system countries,civil law in Germany as representative countries,introduces the database legal protection mode of the United States and Germany two countries,and database protection mode between the two countries from the legislative history,protection content,protection characteristics and other aspects of the comparison.The fifth part,the legal attribute of the database and the feasibility analysis of the neighboring right system.This paper argues that the key to the protection of the model lies in the different understanding of the legal nature of the database,therefore,to determine which one model to protect the database,it is necessary to attribute from the legal aspect of database analysis,for this reason,in this part of the existing data on the basis of analysis the legal attribute of the database.Database in essence,is a way of modern data transmission,and relating right in the legal system of intellectual property protection mode and demand corresponds to the database legal protection,this part also the feasibility of database relating right protection on the theoretical analysis.The sixth part,the construction of the system of the protection of the adjacent right.In this part,the database model from the neighboring rights protection system construction are discussed,and combined with the theory of balance of interests in the legal system of intellectual property,from the perspective of the balance of interests to construct the system of neighboring rights protection.