Databases Sui Generis Right: Should We Adopt the Spin-Off Theory?

European Intellectual Property Review, pp. 402-413, 2004

Posted: 25 May 2008

See all articles by Estelle Derclaye

Estelle Derclaye

University of Nottingham, School of law

Abstract

Discusses whether databases created as a by product of the maker's main activity should be excluded from the protection of database right. Examines the requirement that database makers must show substantial investment in the database to qualify for database right under European Parliament and Council Directive 96/9 (the Database Directive) Art.7. Reviews Dutch case law and compares decisions from other Member States. Considers the justification for allowing protection in return for substantial investment where the database maker has invested not only in creating the data but also in presenting it in a user friendly format, and how the principle might apply to telephone directories, sports information providers and scientific research.

Keywords: Europe, databases, sui generis right, spin off, by product, intellectual property

Suggested Citation

Derclaye, Estelle, Databases Sui Generis Right: Should We Adopt the Spin-Off Theory?. European Intellectual Property Review, pp. 402-413, 2004, Available at SSRN: https://ssrn.com/abstract=1137443

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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