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The Legal Protection of Rights to Database

Author: WangPeng
Tutor: LiZhenJiang
School: Henan University
Course: Legal
Keywords: Database Rights Legal proection
CLC: D923.4
Type: Master's thesis
Year: 2009
Downloads: 95
Quote: 3
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Abstract


In recent years, the database, especially electronic database play an increasingly important role in information searching, but our country did not provide specific legal protection to database, even in the world, for the legal protection of databases does not form a unified standard. Theoretical Study on the current, the database rights to the scope of legal protection, rights and obligations of the contents, the right period, the duty which provide inferior product to supplier do not form a unified solution. Therefore, the article analyze the strengths and weaknesses of current legal protection measures and attempts to explore a suitable legal framework for protection of the database in China.Therefore, after the introduction of characteristics of databases and problems arising from the databases protection, the author analyse and evaluate advantages and disadvantages of seveal major forms of legal protection about database. On the basement of synthetically analysing, the author proposed should be based on the way of the special rights to build the system of database legal protection.Structurally, the majority of this paper is divided into five part:The first part is the Summary of the right to legal protection of database, In this part, the author analyse the concepts of database from the computer as well as legal point of view, in order to prevent confusion, the article evaluate concepts such as database management systems, database applications, and the relationship between compilation of the work and database. In this section, the author discuss the necessity of the legal protection to datsbase, and introduce status quo and developing current of database industry in our society,The second part is the reviews of the existing legal protection of the rights to database. In this part, the article introduces the mode of tthe protection to the database adopted by International Covenant, the European Union, the United States and other countries and regions, and introduce the the current legislative status of database protection in our country. The article aslo introduce the point of views which were brought forward by scholars. the article analyse and appraise the mode of database protection which were brought by scholar according to civil law, anti-unfair competition law, technology secret law, contract law, and point out their strengths and weaknesses. In this part, the article describes in some detail the mode as to the database protection adopted by the European Union. The article elaorate the legislative process, the protection period, advantages, disadvantages, the scope and condition of the mode which adopted by the European Union.The third part is the constructing the protecting model of database rights-special right protecting in the leading position. In this section, the author point out that it have obvious advantage to endow the special rights to database and demonstrate the necessity and rationality of special rights. The author demonstrate the legitimacy of special rights as property rights accordance with the Lockerbie laror theory of property rights, and point out special protection can maintain the order and enhance the effiency. This section point out the special rights may be the main way to protect the rights of database.The fouth part is the design for the legal protection of database in our country. In this section, the paper put forward the law frame of protection to database.The last part indicate the necessity and imminency of making law to database protection in our country and finish paper.

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CLC: > Political, legal > Legal > Chinese law > China and France > Intellectual property rights
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