The Legal Guarantee Of The Commercial Database Rights To Exercise

With the development of modern science and technology, the popularity of computer and network technology, information has become an important factor of social progress and economic development. In the information age, because of its huge investment and economic value, the simplicity of tort claim the guarantee of the law to give. Our country is a developing country, the database industry is in its infancy, and on the exercise of the power of the database laws and regulations are not perfect, to ensure the exercise of specific rights in real life there are some limitations. So, need to improve the existing database legal guarantee of the rights in our country, and satisfies the requirement of the development of database industry in China. At the same time, when set up the legal guarantee of the commercial database rights, the rights of commercial database should be within the limits of the law, cannot ignore information dissemination and the maintenance of public interests. Commercial database are the main users of the scholars of institutions of higher learning and scientific research institutions, and these scholars are to promote social progress and promote the main knowledge dissemination. So in accordance with law, protect the interests of the commercial database at the same time should be take into account the existence of public interests, promote the effective dissemination of knowledge and the progress of science and technology.The article first obtains from the concept of commercial database and related rights, on the basis of the theory put forward in accordance with law, protect the rights of commercial database the necessity for exercise. Described in the second, from a legal and reality analyzes the problems existing in the commercial database rights to exercise, China's main commercial database rights exercise in copyright, contract law and anti-unfair competition law within the limits of three kinds of law pattern. Finally, put forward several countermeasures in accordance with law, protect the rights of commercial database to exercise. Combining with the situation of our country on the external power from the legislation perfect commercial database, set up the commercial database on the internal power needs exercise of the rights consciousness and make the appropriate rights according to law restrictions, in order to achieve healthy and benign development of database industry in China.