 Sui Generis Intellectual Property Protection for DatabasesIana Kazeeva ()
Chapter Chapter 2 in Sui Generis Intellectual Property Protection, 2024, pp 11-30 from Springer Abstract: Abstract Collections of works or compilations of data very often do not meet the originality requirement and thus cannot be protected by copyright, despite the large investments made to create them. At the same time, other instruments of legal protection, such as contract law and competition law, do not provide an adequate level of protection or impose high administrative burdens on the perspective rightholders. This chapter compares the approaches taken by the EU and U.S. to the legal protection of unoriginal databases, following the landmark decision in Feist. The EU introduced a sui generis regime, based on the protection of substantial investments made to produce a database, whereas the U.S. shifted from the “sweat of the brow” doctrine to an approach based on the creativity in the selection and arrangement of the materials of a database. Despite a seemingly more favourable regime for the protection of databases in the EU, the U.S. remains the world leader in the production of databases. This chapter examines the reasons behind this phenomenon and aims to evaluate the effectiveness of the EU sui generis regime for unoriginal databases. Date: 2024 There are no downloads for this item, see the EconPapers FAQ for hints about obtaining it. Related works: Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text Persistent link: https://EconPapers.repec.org/RePEc:spr:perchp:978-981-99-8897-6_2 Ordering information: This item can be ordered from DOI: 10.1007/978-981-99-8897-6_2 Access Statistics for this chapter More chapters in Perspectives in Law, Business and Innovation from Springer |
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