Protecting Databases under US and European Law: Methodical Approaches to the Protection of Investments between Unfair Competition and Intellectual Property Concepts

[2003] 34 International Review of Intellectual Property and Competition Law (IIC) pp. 772-803.

Posted: 26 Jun 2024

See all articles by Guido Westkamp

Guido Westkamp

Queen Mary Intellectual Property Research Institute (QMIPRI); Queen Mary University of London - Centre for Commercial Law Studies (CCLS); University of Münster - Institute for Information, Telecommunication and Media Law

Date Written: January 19, 2003

Abstract

The paper considers the most relevant disparities between the US and EU approaches to database protection between IP and unfair competition concepts, focussing on the relevance of notions of investment protection, the need for a market-focusses construction of database rights and the resultant differences between intellectual property and misappropriation concepts.

Keywords: Database rights, intellectual property, unfair competition, misappropriation

Suggested Citation

Westkamp, Guido, Protecting Databases under US and European Law: Methodical Approaches to the Protection of Investments between Unfair Competition and Intellectual Property Concepts (January 19, 2003). [2003] 34 International Review of Intellectual Property and Competition Law (IIC) pp. 772-803., Available at SSRN: https://ssrn.com/abstract=4843898

Guido Westkamp (Contact Author)

Queen Mary Intellectual Property Research Institute (QMIPRI) ( email )

67-69 Lincoln's Inn Fields
London, WC1A 3JB
United Kingdom

HOME PAGE: http://www.law.qmul.ac.uk/staff/westkamp.html

Queen Mary University of London - Centre for Commercial Law Studies (CCLS) ( email )

London, WC1A 3JB
United Kingdom

University of Münster - Institute for Information, Telecommunication and Media Law ( email )

Germany

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