The Legal Protection of Databases
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The Legal Protection of Databases

A Comparative Analysis

9781847201331 Edward Elgar Publishing
Estelle Derclaye, Associate Professor and Reader in Intellectual Property Law, University of Nottingham, UK
Publication Date: 2008 ISBN: 978 1 84720 133 1 Extent: 392 pp
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.

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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.

The Legal Protection of Databases will be of interest to intellectual property lawyers, competition lawyers, as well as general commercial lawyers because of the breadth of laws reviewed. It will also appeal to practitioners, policymakers, economists and students.
Critical Acclaim
‘Dr Derclaye’s book is well structured. . . the methodology is theoretical and comparative. . . Derclaye’s work on database law is timely and readable, presenting a sound thesis to the perceived problems.’
– Patricia Akester, Journal of Intellectual Property

‘This book has a wide-ranging, detailed appeal for all lawyers, students and those in the public and private sectors. . .’
– Richard Chambers

‘. . . this book is a detailed, comprehensive and well-researched examination of legal protection of databases, which offers a valuable template for reform that will be of great interest to academics and policymakers alike.’
– Tanya Aplin, European Intellectual Property Review
Contents
Contents: Preface Introduction and Methodology 1. Identification of the Criterion Determining Adequate Database Protection Part I: The Protection of Databases in the European Union 2. The Protection of Databases by the Sui Generis Right 3. The Protection of Databases by Unfair Competition in Europe 4. The Protection of Databases by Contract in Europe 5. The Protection of Databases by Technological Measures and Anti-Circumvention Provisions in Europe Part II: The United States 6. The Protection of Databases by Unfair Competition in the United States 7. The Protection of Databases by Contract in the United States 8. The Protection of Databases by Technological Measures and Anti-Circumvention Provisions in the United States Part III: Proposal for an Adequate Database Protection 9. Intellectual Property, Unfair Competition or Restitution? 10. Remedies for Over- and Under-Protection and Proposed Database Protection Model Conclusion and Outlook Bibliography Index
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