| It's obvious that database will be more and more important for us. However, there is no any special regulation for database in China. Till now, there isn't any worldwide treaty on database yet. Current research hasn't drawn a uniform conclusion on the scope, rights and time limit of database. This article analyzed several legal protection measures and found their advantage and defect. It look forward to the establishment of legal frame on database.Two research methods were applied in this article. Firstly, jurisprudential knowledge was integrated with some other knowledge. The definition of database, the relationship of technical protection and legal protection are both related to computer science. Legal characteristic of database, the valuation balance of legal protection system are both related to economics. Secondly, all of the nine legal protection measures were detailedly compared in this article. This method is beneficial to the reliability of conclusion.The article defined the concept and scope of database at the first, and then compared the technical protection and legal protection. Nine legal protection measures, including copyright, neighboring right, civil law principle, anti-unfair competition law principle, business secret law, contract law, trademark law, sui generis right and criminal law, were detailedly compared. Finally, two legal frames were brought forward. One is "Copyright + Anti-unfair Competition Law", the other is "Copyright + Limited Sui Generis Right".There are many creative conclusions in the article. The seriation, independence and accessibility of database were confirmed. Database right was defined to a special intellectual property right. Those difficulty that copyright measure encountered were analyzed. The judging principles of unfair competition behavior were established. Sui generis right was reasoningly limited.The viewpoint of this article is vivid, too. Online distribution of database was regarded as invisible publication. Unauthorized sequential development was regarded as unfair competition behavior. There might be "multi-layer copyright" on same database. Civil law principle can't bring "right" but "interest" to database. The minimal unit of database is each data record. The updating of revising time of database resulted in substantial investment. Shifting of the burden of proof should be applied in database legal proceedings.Along with the development of database industry and the progress of society, the legal protection system of database will be more and more perfect. The balance of efficiency and impartiality must be reached one day. |
PDF Full Text Request