Estelle Derclaye, Lecturer in Law, University of Nottingham, UK
2008 392 pp Hardback 978 1 84720 133 1 £85.00 on-line discount £76.50
The protection of the investment made in collecting, verifying or presenting database contents is still not harmonised internationally. Some laws overprotect database contents, whilst others under-protect them. This book examines and compares several types of methods available for the protection of investment in database creation (intellectual property, unfair competition, contract and technological protection measures) in order to find an adequate type and level of protection. To this effect, the author uses a criterion based on a combination of the economics of information goods, the human rights to intellectual property and to information and the public interest, proposing a model that can be adopted at international and national levels.
The Legal Protection of Databases will be of interest to intellectual property lawyers, competition lawyers, as well as general commercial lawyers because of the breadth of laws reviewed. It will also appeal to practitioners, policymakers, economists and students.
Contents: Preface Introduction and Methodology 1. Identification of the Criterion Determining Adequate Database Protection Part I: The Protection of Databases in the European Union 2. The Protection of Databases by the Sui Generis Right 3. The Protection of Databases by Unfair Competition in Europe 4. The Protection of Databases by Contract in Europe 5. The Protection of Databases by Technological Measures and Anti-Circumvention Provisions in Europe Part II: The United States 6. The Protection of Databases by Unfair Competition in the United States 7. The Protection of Databases by Contract in the United States 8. The Protection of Databases by Technological Measures and Anti-Circumvention Provisions in the United States Part III: Proposal for an Adequate Database Protection 9. Intellectual Property, Unfair Competition or Restitution? 10. Remedies for Over- and Under-Protection and Proposed Database Protection Model Conclusion and Outlook Bibliography Index