{"id":5359,"date":"2023-06-12T17:46:27","date_gmt":"2023-06-12T09:46:27","guid":{"rendered":"https:\/\/hkytl.com\/?p=5359"},"modified":"2023-08-04T14:34:40","modified_gmt":"2023-08-04T06:34:40","slug":"databasehk","status":"publish","type":"post","link":"https:\/\/hkytl.com\/cn\/2023\/06\/12\/databasehk\/","title":{"rendered":"\u77e5\u8bc6\u4ea7\u6743\u7684\u4fdd\u62a4
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What is a database?<\/strong><\/p>

A database is an organized collection of data that can be accessed, managed, and updated by authorized users. \u00a0It is a digital system that stores data and information in a structured manner, allowing users to retrieve specific data or information quickly and easily. A database can be designed to hold a variety of information, including text, numbers, images, video, and more.<\/p>

Databases are used in businesses, institutions, and organizations of all kinds to keep track of inventory, customer information, financial data, and other information. There are many different types of databases, including relational databases, non-relational databases, and distributed databases.<\/p>

Research institutions or businesses often exploit databases by way of licence rather than sale, taking advantage of the fact that they can be reproduced infinitely and effortlessly without degradation and can be accessed by many users at once.<\/p>

Common law<\/em><\/p>

As a general principle there is no property right in information itself.\u00a0 The UK Court of Appeal in Your Response Ltd v Datateam Business Media Ltd<\/em> [2014] EWCA Civ 281 confirmed that databases do not represent tangible property of a kind that can form the subject matter of torts concerned with an interference with possession.\u00a0 (This case concerned the payment of outstanding fees, where the UK Court of Appeal held that the database manager could not hold lien over the electronic database that it had managed.)<\/p>

Statute<\/em><\/p>

The term \u2018database\u2019 is not defined in statute in Hong Kong.\u00a0 The term \u2018data\u2019 is, however, defined under Personal Data (Privacy) Ordinance (Cap. 486) to mean any representation of information (including an expression of opinion) in any document, and includes a personal identifier.<\/p>

The term \u2018database\u2019 is defined in section 3A(1) of UK Copyright, Designs and Patents Act 1988 to mean:<\/p>

\u201ca collection of independent works, data or other materials which –<\/p>

(a) are arranged in a systematic or methodical way, and<\/p>

(b) are individually accessible by electronic or other means.\u201d<\/p>

Protection under Copyright\u00a0<\/em><\/p>

Although Hong Kong does not have a statutory definition of database, compilations of data may nonetheless be protected by copyright.\u00a0 Copyright may subsist in each work comprising part of a database. Section 2 of the Copyright Ordinance (Cap. 528) would offer protection to, among others, literary works, dramatic works, musical works, and artistic works ((such as graphic works: diagrams, charts, plans) and photographs); and sound recordings.<\/p>

There is no system for copyright registration in Hong Kong.\u00a0 Copyright is an automatic right and arises when a work is created.\u00a0 To be eligible for copyright protection, the work must be original and skill, judgement, labour, and effort must have been expended in its creation.\u00a0<\/p>

An item may be protected by more than one copyright as it may consist of more than one copyright work.\u00a0<\/p>

A copyright infringement action can be brought on the grounds of:<\/p>

  1. primary infringement;<\/li>
  2. secondary infringement.<\/li><\/ol>

    Both primary infringement and secondary infringement primarily attract civil liability.<\/p>

    (1) Primary infringement refers to a person, without the consent of the copyrighter owner, carries out or causes or requires another person to carry out, the following:<\/p>