Edited by Tanya Aplin
Chapter 5: Database producer protection: between rights and liabilities
This chapter provides a critical analysis of the main legal questions in relation to database sui generis protection as a means of regulating the exploitation and dissemination of information assets in the digital economy. It also discusses how this regime interacts with other means or layers of database protection, namely protection by means of contract law and unfair competition law. The chapter is divided into two main parts. In the first part, the rationale and the conceptual pillars of the sui generis regime are examined. At the same time, the inefficiencies of the sui generis regime are highlighted, with emphasis on its application to new technological changes and the data driven economy. The second part is dedicated to the analysis of the protection of databases by contract law and unfair competition law and the possible overlap of the sui generis regime with those alternative or complementary forms of protection.
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.