Sui Generis Database Protection 2.0: Judicial and Legislative Reforms

17 Pages Posted: 29 Jun 2022

See all articles by Estelle Derclaye

Estelle Derclaye

University of Nottingham, School of law

Martin Husovec

London School of Economics - Law School

Multiple version iconThere are 2 versions of this paper

Date Written: June 16, 2022

Abstract

The Database Directive’s sui generis database protection is a unique policy experiment by the EU legislature carried out in the nineties. It aimed to incentivize investment in the making and improvement of databases in order to develop an EU information market. Since the two decades of its operation on the ground have not offered the most encouraging results, the European Commission is keen on reforming the tool within the context of its Data Act. Coincidentally, the Court of Justice of the European Union (CJEU) has recently issued a seminal judgment, CV Online Latvia v Melons, that also alters the trajectory of the protection. This article looks at various criticisms of the protection, the way they were addressed by the CJEU, and what can be done by the European Commission in its upcoming reform efforts. The article, therefore, offers a glimpse into the next generation of sui generis database protection.

Suggested Citation

Derclaye, Estelle and Husovec, Martin, Sui Generis Database Protection 2.0: Judicial and Legislative Reforms (June 16, 2022). LSE Legal Studies Working Paper No. 11/2022, Available at SSRN: https://ssrn.com/abstract=4138436 or http://dx.doi.org/10.2139/ssrn.4138436

Estelle Derclaye

University of Nottingham, School of law ( email )

Nottingham NG7 2RD
United Kingdom

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

Martin Husovec (Contact Author)

London School of Economics - Law School ( email )

Houghton Street
London WC2A 2AE, WC2A 2AE
United Kingdom

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