The legal protection of databases from copyright to dataright.
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The vast and sweeping developments, which have occurred recently in the fields of computers,
telecommunications and information technologies have stimulated the formation of a new
global market of electronic information services and products, in which databases are principal
components. Within the context of Intellectual Property Law, these advances challenge the
traditional legal rules, resulting in ongoing reforms for adapting the law of intellectual property
to the novel environment. Initiatives discussed in this study for determining the appropriate
international legal standards for the protection of databases are the Agreement on Trade Related
Aspects of Intellectual Property (1994), the present discussions in the World Intellectual Property
Organisation (WIPO), and the European Union's Directive on the Legal Protection of Databases
(1996). The last initiative constitutes the most comprehensive attempt to resolve the issues involved
in the protection of databases within the realm of intellectual property law.
A particular reference is made to international copyright law and its adequacy to provide a suitable
legal regime for the protection of databases. Furthermore, the rules of database copyright law, as
applied in the United Kingdom and the United States, are examined and compared in the light of
the anticipated reforms derived from the above-mentioned initiatives. From these explorations, the
thesis concludes that copyright law has a limited application in the protection of databases.
Moreover, the copyright regime as applied to databases can lead to under-protection of certain
databases and over-protection of others. Therefore, a tailor-made intellectual property regime,
termed in this study as dataright, must be developed as an adequate response.
The dataright regime as introduced in the above European Union Database Directive is thoroughly
examined and compared to proposals made by WIPO and by the United States Congress, as well as
to alternative models of database protection. The quest for the adequate dataright system is
considered as a balance of rights among database producers and users to the extent that incentives
for database creation and dissemination are secured without excessive effects on access to
information and free competition. The debate of how to achieve this balance has focused on
whether the appropriate approach is to adopt unfair competition law, or to introduce a sui generis
exclusive-right regime. The thesis demonstrates that whichever starting point is adopted, the results
are substantially similar on fundamental points. The research concludes with detailed suggestions
towards the adoption of a proposed Dataright Treaty, thus reconciling competing approaches and
producing an international database protection system, which is a necessity for the functioning of
the global information market.
Authors
Bouganim, Victor H.Collections
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