Data Sharing and Protecting in Databases

Currently, there is still legal uncertainty in the field of circulation and data protection, organized in a database, since there is no full-fledged civil legal regulation of the status of the owner of information and his powers in this area, established by information legislation. Legal uncertainty is expressed in the possible interpretation of the law as the inability of the information owner to establish control over restricted data in the commercial sphere, which should not be in the public domain and have a property value, in addition to the legal regimes of intellectual property objects. This interpretation of the law unreasonably restricts the enshrined rights of the information owner. In view of this, it is of scientific and practical interest to study not only legislation on intellectual property, but information legislation and civil legislation in terms of civil regulation of the status of the owner of information and his powers for the purposes of circulation and data protection, organized in databases. The aim of the study is to eliminate legal uncertainty in the field of circulation and protection of restricted data in databases. To achieve the research goal, the following tasks are set in the work: 1. To distinguish and formulate the concepts of "data" and "information", to formulate the concepts of "database", "data circulation in databases" and "data protection in databases"; 2. Determine the main ways of circulation and data protection in databases; 3. To establish the scope of exclusive copyright and related rights to the databases of the compiler of the collection and the manufacturer of the database; 4. Establish the amount of property rights to data in the databases of the information owner; 5. To formulate the features of the protection of exclusive copyright and related rights to the databases of the compiler of the collection and the manufacturer of the database; 6. To formulate the features of protection of property rights to data in the databases of the information owner. The work examines the issues (scientific novelty): 1. referring the property rights of the owner of information to information with limited access (data in databases) to transferable objects of civil rights within the meaning of the category "other property" Art. 128 of the Civil Code of the Russian Federation; 2. substantiation and possibilities of circulation and protection of data in databases by the powers of the owner of the information. As a result of the study, it was concluded that with respect to data in databases, property rights of the owner of information may arise that are not related to intellectual rights to databases. As a result of the study, the following available ways of data circulation in databases were derived: 1) circulation of copyright and / or related exclusive rights to the database of the compiler of the collection and / or manufacturer of the database; 2) turnover of property rights to data in the database of the information owner; 3) provision of information services by providing data from a database by the owner of the information; 4) the turnover of the material medium with the corresponding data. As the study has shown, due to the lack of regulation of the status of the owner of information by civil law, data circulation issues are resolved through the use of contractual law manisms, including freedom of contract in concluding unnamed contracts. As a result of the study, it was concluded that it is possible to consider the protection of data in the database as the right of the owner of the exclusive right or the owner of information and, accordingly, the subject of protection in relation to the data in the database can be classified into: 1) protection in relation to exclusive rights to the database; 2) protection in relation to property rights to data in the database.