Constructing Legal Protection System Of Database Based On Anti-unfair Competition Law

We are in an changing era of big data.Today,data information has become a basic strategic resource for a country and possess important impact on the economic operating mechanism,social life style and national governance capabilities.As the carrier of data information,the database characterizing with a great value of intellectual property should be provided with legal protection to motivate database developers,so as to promote the development and dissemination of more databases that have application value to society.However,as the object of intellectual property,protecting database can not be at the expense of the public interest.Therefore,a good database legal protection model should take into account both aspects.So far,there have emerged the protective theory of database copyright,database special rights,database anti-unfair competition law,and some other viewpoints.All of these theory have their own strengths and weaknesses.The system rules for the compilation of works in the Copyright Law are long-established and mature,but the interest of copyright law to protect the original expression of works is also not consistent with the characteristics of the database,making the vast majority of databases that do not possess originality protected.The database special rights have adopted different protection standards from the copyright law,focusing on solutions.The problem is that the database developer’s return on investment protection,but the current European Union legislative practice results point of view,due to the existence of database special rights impede the freedom of information,conflict with existing legal resources and other potential and realistic issues,and its database.The development incentive is limited,and it has not been widely recognized and promoted in the international context.The anti-unfair competition law can play a better protective effect on the commercial domain database,but it has the ambiguity of rights and it only applies to the field of commercial competition.Questioning sounds for database protection had stopped;Contract Law,and other means of technical mea--sures,although also true......Simultaneously analyzing and comparing the above various database models from the different countries and regions in the world,the most appropriate to the characteristics of database legal protection is the competition law system,because it has achieved the goal of adjusting the interests of database developers,disseminators,users,and the relatively public best balance.In particular,the contents harming consumer rights are involved in the new revised “Unfair Competition Law”(The “Anti-Unfair Competition Law” before the revision stipulates a more general rule,that is mean protecting the rights and interests of consumers,is only one of the aims of the legislation).This have promoted the solution of the problems that have been overlooked by database developers before and furthermore suit the needs of legal protection of databases.However,it needs to be acknowledged that the databases protect system can not be independently supported by the competition law.Because the competition law can not cover all,as a supplement,it is necessary to integrate current legal resources and other legal means such as copyright laws.From the point of view and perspective of intellectual property law,that is to promote the creation of knowledge and dissemination of information,this article intends to examine and discuss the most ideal way to solve the problem of legal protection of the database by constructing the database legal protection system under the principle of unfair competition law from the necessity of database protection,the advantages and disadvantages of various existing database protection models,and the improvement of China’s database legal protection system.