Considering the development stage of China's information industry, there are not many legal disputes related to databases, which can still involve legal issues of resource development and utilization. I put forward relevant legal tests:
1. At the legislative level, China's copyright law, trademark law and intellectual property law have just been revised recently, which is not suitable for the stability of the law in recent years. The Anti-Unfair Competition Law is in the revision stage and may be re-enacted soon. Therefore, in the process of formulating the Anti-Unfair Competition Law and the Amendment to the Anti-Monopoly Law, the protection of the database should be fully considered to meet the needs of adjustment. For example, the second paragraph of Article 69 of China's Anti-Unfair Competition Law, "Operators should follow the principles of voluntariness, equality, fairness, honesty and credit, and abide by recognized business ethics" and "Not saying that legal competition means that operators violate the provisions of this law, damage the legitimate rights and interests of other operators, and disturb the social and economic order", are generally considered to be general statements, but from the practical point of view of administrative law enforcement, because there is no corresponding administrative penalty provision in Article 2, In addition, since the promulgation of 1993 Anti-Unfair Competition Law, many new unfair competition behaviors have appeared, and some provisions on unfair competition behaviors such as "hitchhiking" have been added.
2. On the level of applicable law, the selection and presentation of originals may constitute a compilation of databases, which can work in accordance with Canadian copyright law.
Take the protection of anti-unfair competition law as supplementary protection. For non-original databases, they can be protected in full accordance with the anti-unfair competition law. There are different opinions about whether this type of database and its openness have entered the public domain. The undisclosed database can be regarded as a trade secret, which is protected according to Article 10 of the Anti-Unfair Competition Law. According to the requirements of the Anti-Unfair Competition Law on trade secrets, the undisclosed database fully meets the requirements of economy, practicality and confidentiality. To have an open society, the second section of the Anti-Unfair Competition Law can be processed based on a database. Market competition and other acts of unauthorized operators to extract and use the database constitute infringement, while for competing users with non-essential purposes, fair use does not constitute infringement, which is to safeguard public interests.
In addition, in practice, it often happens that the direct offender of others is used to copy a large number of databases belonging to him.
Collect and sort out the results, and prohibit others from producing the same data and information that cannot be collected and sorted out based on the demand of balancing the public's right to obtain database information. In this case, the law can require the actor to prove the legitimacy of the source of the data and information he collected according to the principle of conclusive evidence. If he can't prove it, he is presumed to be infringing.
To sum up, combined with China's national conditions, in the case that the conditions for protecting the rights of special databases are not yet mature, we can use the existing legal resources to protect the databases by using anti-unfair competition law, copyright law and other relevant laws. At the same time, we should pay close attention to the relevant legislative trends in the world, adopt a positive attitude when the time is ripe, adjust domestic laws or move closer to relevant international conventions, so as to keep pace with the international mainstream. __
(Google translation, for reference only)