On Database Rights In The Era Of Civil Code

The development of electronic technology makes the scale of data explode,the rapid development of big data industry,the commercial value of database has been widely concerned by all walks of life.On March 11,1996,the European Union adopted the "Directive on the Legal Protection of Databases",which opened up the precedent of protecting the rights and interests of databases through special rights.Although the legislative attitude of database protection is clearly stated in Article 127 of the Civil Code,the legal protection of database rights and interests has not yet formed a clear and consistent understanding in both academic and practical circles.Therefore,this paper takes the database rights and interests as the research object,and further discusses the legal protection of database rights and interests in theory by combining the existing path of protecting database rights and interests in China and the practice of protecting database rights and interests in foreign countries.This paper is mainly divided into four parts to discuss:The first part is the basic concept of database,the basic concept of database is the prerequisite for the study of database rights and interests,the legal definitions of database at home and abroad are different but basically similar,this paper summarizes and compares the definition of database,the relationship between database and data,big data,the composition and classification of database in order to have an accurate understanding of the study of database.In the second part,we analyze the advantages and shortcomings of the existing law on the protection of data rights and interests by combining the legal basis and specific cases,and the existing law in China has provided more direct and indirect protection for database rights and interests,and gradually formed a legal protection system for database.The third part is the practice of protecting database rights and interests in foreign countries.The European Union protects database rights and interests as special property rights,the United States gradually develops the rule of prohibition of misappropriation to protect database in judicial practice,and Japan protects database rights and interests through copyright law and anti-unfair competition law,which provides reference for the regulation of database rights and interests in China.The fourth part is the path of regulating database rights and interests in the era of civil code,the academic circles in the era of civil code discuss the construction of data property rights for Article 127 of the Civil Code,the database as a collection of data,the construction of data property rights is also a new path of protecting database rights and interests in the era of civil code,the controversy of protecting database rights and interests focuses on the path of empowerment protection and behavior regulation,in the mode of behavior regulation,providing reasonable protection for database through the Anti-Unfair Competition Law is the best way to protect database rights and interests.The best choice is to provide reasonable protection for the database through the Anti-Unfair Competition Law,which can clarify the legal concept of database and its premise of legal protection in the Anti-Unfair Competition Law,summarize and refine the unfair competition behavior of database in judicial practice,and enhance the operability and predictability of database protection by stipulating the typology of behavior.Article 127 of the Civil Code provides the institutional interface of the Civil Code for the protection of database in the existing law,and the court can evaluate the infringement of database rights and interests negatively through Article 127 of the Civil Code,and provide the necessary relief for database rights and interests through the existing law.