Perspectives on Legal Protection of Databases in the EU and the Czech Republic
23 Pages Posted: 20 Oct 2016
Date Written: October 19, 2016
This article is aimed at analyzing the legal framework for the protection of databases in the EU and the Czech Republic with special regard to “sui generis” protection, primarily taking into account relevant provisions of the Database Directive, that still maps EU database law despite the unsatisfactory effects of “sui generis” protection in practice. Above all, the problem of the accessibility of databases to the public is addressed, viewing this critical issue within the context of relevant precedential judgements of the CJEU on the British Horse racing Board, Fixtures Marketing and in particular, the Ryanair case. Perspectives and regulation options for future prospects and the workings of both copyright and “sui generis” protection of databases are outlined, above all in order to avoid the contractual locking-up of unprotected non-original databases.
Keywords: databases, legal protection, copyright, “sui generis” protection, balance of interests, accessibility of content of databases
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