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Regulating Access to Databases Through Antitrust Law: A Missing Perspective in the Database Debate

22 Pages Posted: 20 Jan 2007 Last revised: 10 Jul 2013

Daryl Lim

The John Marshall Law School

Date Written: 2006

Abstract

This paper argues that antitrust law supplements endogenous means with intellectual property law in maintaining the 'access-incentive' balance in databases. It starts from the premise that a trend toward 'TRIPs-plus' rights in databases, whatever its form, is inevitable. The reason is a simple, but compelling one: business needs shape the law. Various endogenous means of database access regulation are explored and contrasted with antitrust law. This paper concludes that the latter offers an alternative better reflecting commercial expectations. However, regulators need to be aware of the limitations of applying antitrust law to a regime delicately tuned with pre-existing endogenous checks as well as the effects of their application on innovation by those spurred on the assurance of monopoly profits. In this regard, antitrust law must prove itself to be capable of sophisticated regulation if its interference in the database industry is to be justified.

Keywords: antitrust law, competition law, intellectual property law, database rights, singapore, australia, european union, feist, united states

Suggested Citation

Lim, Daryl, Regulating Access to Databases Through Antitrust Law: A Missing Perspective in the Database Debate (2006). Stanford Technology Law Review (STLR), 2006. Available at SSRN: https://ssrn.com/abstract=812545

Daryl Lim (Contact Author)

The John Marshall Law School ( email )

315 South Plymouth Court
Chicago, IL 60604
United States

HOME PAGE: http://https://works.bepress.com/daryllim/

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