On Protection Of Sui Generis Of Database

With the rapid development of information technology, the database industry reports its fast growth. People can make use of the database for information reservation and take advantage of rich information resources through databases, Which brings database the highly integrated information value. However, as an intellectual product, the database, with its contents used by numerous people, enjoys the character of commonality, which causes the outward economy in a large scale. In general, for the most countries, original databases can be protected through copyright law, but non-original databases(for particular large electronic databases) can not. In view of this, the EU promulgated the directive on the legal protection of database, which is first of this kind. This directive granted database maker some sui generis right which they would otherwise would not enjoy under copyright law. Following closely the heels of the EU, the US promulgated several bills on the legal protection of databases, WIPO(World Intellectual Property Organization) also had drastic debate on the legal protection of databases. The sui generis right of database is different from traditional intellectual property, its foundamental difference is that database's object can not posses originality, which is the basic element for a democratic society. The target of intellectual property is to promote the development of science as well as applied art. So, the study of database's sui generis right is very important to information communication,knowledge innovation,advancement of technology, as well as adjustment of database's construction and use.This dissertation discusses the sui generis right of databases as well as other concerned social as well as economic issue through analytical method, and case study. It consists of three parts, which is preface,text,conclusion. The content of text is as follows:For one part, outline of database. First, brief introduction of database definition, the difference of EU,US,WIPO on database definition; second, the classification of database; third, analysis of database's character.For two part, international legislation of database sui generis right. This chapter introduce and discuss database sui generis right legislation of EU,US,WIPO, which can give better experience for our country's database legislation.For three part, consideration of our country's database sui generis right. First, the status of China's database protection, and the basis of database protection; second, make suggestions of government database,scientific research as well as library organization and, the incorporation of technology protection as well as legal protection.