The Construction Of Legal Protection For Database Mode

In our today’s society, with the rapid development of Information technology,the database as a knowledge product, whether it is in the design, production, or the promotion of the dissemination process, you will need a major effort to invest the high cost, which requires strict legal determination standard and scale to the appropriate protection, in order to give adequate protection to the enthusiasm of producers in the field, in order to encourage more social concerns into the field, the concentration of superior forces, thus promoting the comprehensive progress of the industry. However, along with the rapid development of network technology, aspects of social life has made significant progress at the same time, a series of negative effects are gradually revealed, brought no small burden to society. In the database field, infringing the form of increasingly diverse, in addition to traditional forms, the emerging network infringement and caused extremely serious consequences. Moreover, the development of science and technology increasingly prominent infringing simple, traditional forms of abuse need to spend a certain amount of time, cost, online infringement is not true, the consequences than the traditional tort more serious. At the same time, along with the vigorous development of the IT database is also playing an increasingly important role, not only economic, but political, and cultural life database applications, occupy a pivotal position in the information industry. Legal resources on the protection of databases, however, there are obvious shortcomings in this area in China is not designed to clear the legal system, the international community still can not achieve uniformity of standards and rules. Therefore, it should be taken to model full and complete protection of databases would also be required to achieve a balanced situation between the relevant parties has become the problem of troubled domestic and international law experts. Therefore, we decided to analyze, identify their own strengths and weaknesses of today’s popular variety of legal protection mode, in order to build the legal protection in line with China’s national conditions.This article is divided into five parts:The first part is a basic overview of the database, database definitions, characteristics and classification, discussed the need for legal protection of databases, and simple analysis of the current popularity of a variety of protected mode; second in part from the perspective of copyright protection, the legislative status of copyright protection, features and content, and a detailed assessment, pointed out the strengths and weaknesses, to thoroughly recognize copyright protection; The third section discusses the database special protection of the rights of brief legislative history of the European Union, the United States, analysis of their essential elements and the advantages and disadvantages in order to have an initial understanding of the mode; The fourth section discusses the practical significance today several other protection modes, including the Anti-Unfair Competition Law, Contract Law, as well as technical measures to protect these three models do a brief introduction and assessment. In short, the above model there are the strengths and weaknesses in today’s complex and changing social context, one of them alone is not complete protection tasks; fifth part from the actual situation of our country, introduces Status and legal conservation status of the database industry today, emphasizing required to perfect the mechanism of regulation of the balance of interests related to the legal protection system, only a variety of protected mode combine the different models are confronted with different situations, in order to achieve the industry as a whole overall progress.