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The Deficiency and Improvement of China’s Database Legal Protecting System

Author: LiuZuo
Tutor: JiangXueYue
School: Hunan University
Course: Legal
Keywords: Database Copyright Neighboring Rights
CLC: D923.41
Type: Master's thesis
Year: 2009
Downloads: 144
Quote: 3
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Abstract


Database by the system or orderly arrangement , a collection of separate information obtained by electronic or other means , it has a property , know-how and a collection of legal characteristics . Database as the results of man's intellect , huge production inputs , has great economic value , vulnerable to copying and infringement , and thus need for legislative protection for databases . China's current legal system , copyright law has played a pivotal role as prevailing in the world today database rights protection mode . Reflected in the selection or arrangement of the contents on the originality of the database can be used as the \But for non- original databases and the database of the most valuable content itself how to get legal protection has been difficult to solve the problem of the Copyright Law . Anti - Unfair Competition Law as a system of intellectual property rights \However , due to the competitive relationship between prerequisite constraints , it is difficult to regulate the general subject of malicious behavior outside competitors . And anti-unfair competition law does not set a specific range of property rights to the database maker , will give database rights to exercise the right to have caused great problems . The lack of the Anti - Unfair Competition Law set various exceptions and limitations in order to protect the public interest , trade secret terms is not conducive to the public dissemination of information , and thus there is a lot of limitations . Learn from the advanced experience of developed countries in Europe and the United States on the basis of , we can take the following measures to improve our database system of legal protection : adhere to balance the interests of the legislative basic principles of to achieve coordinated with the existing legal system of intellectual property rights in the legislative requirements , will give the appropriate rights of database producers , but also give full consideration to the interests of the public , and to comply with the requirements of the Treaty on Intellectual Property ; learn from Germany 's experience in the legislative model , the establishment of the unified database copyright law dual protection system ; legislative content , by modify the current \

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