Legal Protection Of Non-original Databases

In the data economy,the database is the core of collection,organization,processing,maintenance and provision of data,which is the hub of interest collection and flow.As a result,the more prosperous the data economy,the more important the legal configuration of the benefits of the database becomes an important problem.The original database is protected by the secret clause of the business secret,which is not original and inconsistent with the commercial secrets,but it is only dependent on the anti-fraud of the competition law in China,but the limitation of the principle of the principle of "business integrity" is protected,but the line of principle is vague,the proof of the principle is fuzzy,the argument is high,the proof is high,the protection is high,the protection is also passive,and the guidance is not provided for the judicial practice.Without the original database creators,the founders need to pay high construction costs and later maintenance costs,but they are vulnerable to the risk of excessive market failure,so it is necessary to legislate for investment.In our country,the view of legal protection of unoriginal database can be classified as the path protection and behavior path protection.The protection of the right path is to protect the property rights,including special rights protection and the protection of the rights of the neighbor,and the protection of the behavior path is to protect the behavior of some free-rider,mainly including the protection of the anti-unfair competition law.Both paths can protect the investment of unoriginal database creators,but given the commercialization of the database in the market economy,clear property rights can reduce the cost of subsequent transactions in order to promote the market development of unoriginal databases,so the protection of the right path has a great advantage.Based on the Angle of the protection of the right and the right,the choice of the protection and special rights protection is needed.The special rights of special rights are still intellectual property rights,and the rights of the copyright law in China can almost cover special rights,and our country has a ready system of adjacency rights,and the adoption of the protection of adjacency rights can save a lot of institutional cost.The protection of the adjacent rights itself has the basis of rationality,and the right of the right of the service of the work is not limited to the right to protect the reasonable interests of certain industrial entities,and the second adoption of the protection of the adjacent rights is conducive to the height of the original standards of the copyright of China,and the original database itself is the standard of the object of the right of the neighbor.In the concrete legislative design level,the status of database technology and China’s data industry should be considered and the future development of the data industry.Based on the development of data volume and data acquisition technology,the scope of the object should be limited to the "substantial input" and "certain data quantity",and the scope of the reasonable use of the public interest should be expanded,based on the reasonable situation of the national conditions,and the addition of statutory license to prevent the monopoly of the company’s logarithmic basis.