The Legal Protection of Databases

The Legal Protection of Databases

A Comparative Analysis

Estelle Derclaye

The protection of the investment made in collecting, verifying or presenting database contents is still not harmonised internationally. Some laws over-protect database contents, whilst others under-protect them. This book examines and compares several methods available for the protection of investment in database creation – namely, intellectual property, unfair competition, contract and technological protection measures – in order to find an adequate type and level of protection. To this effect, the author uses criteria based on a combination of the economics of information goods, the human rights to intellectual property and to information, and the public interest, proposing a model that can be adopted at international and national levels.

Table of legislation

Estelle Derclaye

Subjects: law - academic, information and media law, intellectual property law

Extract

European Union Amended Proposal for a Council Directive on the legal protection of databases COM (93)464 final – SYN 393, OJ C308/1, 15 November 1993. Charter on Fundamental Rights of the European Union of 2000. Commission’s 1990 Follow-Up to the Green Paper on Copyright and the Challenge of Technology, COM (90)584, Brussels, 5 December 1990. Common Position (EC) No. 20/95 adopted by the Council regarding the Proposal for a Council Directive on the Legal Protection of Databases of 10 July 1995, OJ C288/14, 30 October 1995 [1995] EU Bull 7/8. Council Directive 84/450/CEE of 10 September 1984 relating to the approximation of the laws, regulations and administrative provisions of the Member States concerning misleading advertising, OJ L250/17, 19 September 1984. Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by Law, Regulation or Administrative Action in Member States concerning the pursuit of television broadcasting activities, OJ L298/23, 17 October 1989. Council Directive 91/250/EEC of 14 May 1991 on the legal protection of com puter programs, OJ L122/42, 15 May 1991 (‘Software Directive’). Council Directive 92/100/EEC of 19 November 1992 on rental right and lending right and on certain rights related to copyright in the field of intellectual property, OJ L346/65, 27 November 1992. Council Regulation (EC) 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents, OJ L145/43, 31 May 2001, in force 3 December 2001. xxiii xxiv The legal...