| In today’s digital and informationized age,information explosion has become the most fundamental feature of this era,and data and information have become the objects that people are chasing.How to accurately find the desired information in the massive data information has become a major problem,in order to meet the needs of society,the database industry has developed rapidly and become the leader of the information industry.The development of database plays an important role in promoting scientific and technological progress and social management,and promoting the good and healthy development of the database industry has become an important task in China.However,China’s legislation is extremely lacking in the determination of the legal attributes of databases,the content of rights and obligations,the determination of rights subjects,and the judgment standards of databases,and in actual judicial practice,they can only be regulated from the existing contracts,unfair competition,trade secrets,legal principles,etc.,and the application of laws is not uniform,resulting in unstable legal expectations of database investors,low investment desire and low investment amount.Most of the domestic research on databases still stays on the comparison and selection of foreign database legal protection models and domestic database legal protection models,but does not discuss too much on the protection legitimacy,value objectives,legal attributes,protection standards,database benefit distribution,rights restrictions and other deep-seated issues.The starting point of the study is also based on the traditional ownership of property rights in civil law systems,and does not give a convincing explanation in combination with the objective properties of the database.To this end,the main views on database protection at home and abroad are comprehensively sorted out,including ownership protection,copyright protection,trade secret protection,anti-unfair competition protection,and special rights protection,and the rationality of the above protection models is analyzed and demonstrated.In addition,by observing the legislative practice,judicial practice and transaction situation at home and abroad,the feasibility of the current legal protection of the database is demonstrated.Finally,the use of a neighboring rights system under IP to protect databases is most appropriate compared to other views.Because the objective nature of databases is similar to the subject matter of intellectual property,the purpose and value of protecting databases is also consistent with the neighboring rights system.But the neighboring rights system in the digital environment was a bit out of step for the times,and the neighboring rights system should be reshaped,abandoning the neighboring rights system as the traditional function of protecting the interests of the disseminators of works,repositioning the neighboring rights system as protecting the economic interests of investors in the results of non-creative products,and investing substantially in technology,labor,capital,etc.The non-creative input of the object,the low originality of the object of neighboring rights,and the relevance of the object of neighboring rights to information related to the work or information similar to the work as the criteria for judging the object of neighboring rights.The right of the controller of the database is specially set for the database by expanding the object of neighboring rights,getting rid of the shackles of the traditional civil law system’s concept of property ownership,distinguishing data and information in the environment of computer and network,drawing on the abstract right view of the common law system,using the observation mirror of the right bundle to see clearly the rights and interests above the database,and setting rights and obligations for the database right holder.At the same time,we should combine the latest national policy on data and information,set up principles for the right of database controller,and put a good spell on the database management.the subject of the right to protect database by neighboring right is database controller,and the content of the right should include reproduction right,distribution right,rental right and information network transmission right,and the technical measures and right management information in copyright are also suitable for database controller’s right.the reasonable application,legal permission,right duration and compulsory permission in copyright should be set according to the characteristics of database,and other interest subjects over database can enjoy their own interests according to copyright law,contract law,labor law,personal information protection law,unfair competition law,etc. |
