The Legal Protection of Databases: A Comparative Analysis

Estelle Derclaye, THE LEGAL PROTECTION OF DATABASES: A COMPARATIVE ANALYSIS, Edward Elgar Publishing, 2008

Posted: 5 May 2008

See all articles by Estelle Derclaye

Estelle Derclaye

University of Nottingham, School of law

Abstract

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, and proposes a model that can be adopted at international and national level.

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, policy-makers, economists and students.

Keywords: databases, sui generis right, intellectual property, unfair competition, technological measures, anti-circumvention measures, contract, Europe, France, UK, USA

Suggested Citation

Derclaye, Estelle, The Legal Protection of Databases: A Comparative Analysis. Estelle Derclaye, THE LEGAL PROTECTION OF DATABASES: A COMPARATIVE ANALYSIS, Edward Elgar Publishing, 2008, Available at SSRN: https://ssrn.com/abstract=1127892

Estelle Derclaye (Contact Author)

University of Nottingham, School of law ( email )

Nottingham NG7 2RD
United Kingdom

HOME PAGE: http://www.nottingham.ac.uk/law2/staff/estelle.derclaye

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