Research On Database Protection Issues In The Context Of Big Data

With the advent of the era of big data,the database without originality cannot be perfectly protected,and the requirement of the database market for stable trading environment urgently urges China to improve the database protection system.Looking at the existing database protection system,copyright can’t solve the problem of free riding without original database protection,special rights protection can’t solve the problem of free riding,and the right restriction means are obviously insufficient,and the anti-unfair competition law can’t provide stable protection.Every existing protection mode cannot provide perfect protection.Combined with the current situation that the obligee of the electronic database in the existing market takes technical measures such as encryption and wall building for self-help,and the obligee of the database is in a strong dominant state for its own database,this paper puts forward a protection system of special property rights.The special real right protection system is mainly aimed at the right of the database obligee who has made substantial investment in the collection,processing,expression and output of database contents to possess,use,profit and dispose of the electronic database for which technical measures are taken.The database here is defined as an electronic database.According to the substantial investment paid by the database obligee,the special property right protection system chooses to empower the database obligee according to the needs of the existing database operation mode,instead of simply protecting the database from the perspective of normative behavior.Because people’s requirements for the protection level of intellectual property are increasing day by day,in order to maximize the benefits of intellectual property,intellectual property can acquire the nature of real right by expanding the object of real right and making use of the commonalities between intellectual property and real right.The concrete manifestation is that the body with the object does not depend on the physical form,but on the objective reality,that is,the property that can be controlled by the obligee may become the object of the real right.According to the related theory of intellectual property rights,although the database is the same intangible property as the object of intellectual property rights,the obligee has taken technical measures against it,and the obligee actually controls the possession of the database,which can give the rights of possession,use,profit and disposition.Therefore,the special real right protection system can solve the protection problem of non-original electronic database.The electronic database without technical measures is a shared database in the market,which does not need to be protected by empowerment,and the special property right protection system also retains the public interest to a certain extent.The specific setting of the special real right protection system expounds relevant suggestions from legislative style,right object,right content,right restriction and so on.Special laws and regulations should be set up for the database special property rights protection system,so as to avoid the incongruity caused by placing it under the style of intellectual property law and property law.The right restriction of special real right is set from the restriction of users’ autonomy,rational use,protection period and so on.The premise of special property right protection is technical measures,which should be based on the relevant provisions of technical measures in the sense of copyright law,allowing database owners to adopt technical measures of controlling access and controlling the use of technical measures for their electronic databases.In order to further protect the interests of database owners,the destruction of technical measures should be prohibited.As for the circumvention of technical measures,it should be stipulated that technical measures should not be circumvented for others,so as to prevent the overflow of circumvention technology from damaging the rights and interests of databases.However,direct circumvention of technical measures can be allowed,because the damage caused by personal direct circumvention of technical measures is very small,and it is difficult to inquire and pursue responsibility in practice.If an individual uses the contents of the database,the obligee can use special property rights for protection.In addition,exceptions should be set for technology evasion to ensure the balance of interests.