关键词: 数据库, 独创性, 反不正当竞争法, 邻接权

Abstract:

With the development of Internet technology, the issue of database infringement is increasing It is determined by the inherent traits of database that copyright is incompatible with the copyright system There also exists dilemma in theory and application in protecting the law against unfair competition However, the system of neighboring right could protect button-down intangible result of valuable works which cannot be protected by the system of copyright In this sense, it is suggested to extend the scope of neighboring rights and turn the database producer’s ownership into neighboring right based on the Copyright Law of the People’s Republic of China This can maintain the consistency in standards of originality and meanwhile avoid high cost of specific legislation for database

Key words: database；originality；Law of The People&rsquo, s Republic of China against Unfair Competition； neighboring right