Research On Legal Protection Of Electronic Map In China

As a tool with a long history,maps are legally protected by the copyright law or copyright law of various countries.In China,maps are protected by the Copyright Law since the day the Copyright Law came into being,and belong to map works among graphic works stipulated in the Copyright Law.In form,electronic map is the electronization of traditional paper map.According to the theory of copyright law in China,electronic map is still protected by copyright law.Electronic maps,however,is different from the traditional paper maps,electronic maps included in the part of the more abundant,comprehensive,diverse,some of the elements to conform to the copyright law of the original expression,and some elements are the epitome of human intelligence labor achievements,but because of copyright law to protect the legal interests need ingenious expression to be protected by copyright law.Especially with the progress of science and technology,people's demand for electronic map location service becomes more and more diversified,and electronic map products develop rapidly.From the perspective of the current development of electronic maps,the protection of electronic maps solely by copyright law has begun to show some defects,and the protection mode of copyright law is now becoming more and more prominent.This article starts with the basic principles of map shall be protected by the law,combining with the judicial practice of empirical research the cause of the electronic map is protected by copyright law and the elements,through the analysis of the electronic map data contained in a variety of "hard",then draws some elements of electronic map has been unable to protect by copyright law of the status quo,finally through the study of other legal protection method,the paper proposes Suggestions perfecting the copyright law to protect electronic map problem.The text of this paper is divided into three parts:The first part Outlines the basic principle that maps are protected by copyright law and the similarities and differences between electronic maps and traditional paper maps in the meaning of copyright law.In the second part,through the investigation of the cases of electronic maps in recent years,the possible predicament of the electronic map industry in the aspect of copyright law protection is obtained,and then the deficiencies of copyright law protection of electronic maps are discussed.The third part discusses the improvement of other legal protection of electronic map in China,predicts the multi-attribute characteristics of electronic map,and discusses the protection methods based on contract relationship,unfair competition relationship and general rights and interests of data.It is hoped that the discussion on the protection mode of electronic map under the copyright law and other laws can trigger some thinking and provide some reference for the dispute of electronic map in judicial practice.