DATABASES AND THE SUI-GENERIS RIGHT – PROTECTION OUTSIDE THE ORIGINALITY. THE DISREGARD OF THE PUBLIC DOMAIN
This study focuses on databases as they are regulated by Directive no.96/9/EC regarding the protection of databases. There are also several references to Romanian Law no.8/1996 on copyright and neighbouring rights which implements the mentioned European Directive. The study analyses certain effect...
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| Main Author: | |
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| Format: | Article |
| Language: | English |
| Published: |
Nicolae Titulescu University Publishing House
2018-05-01
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| Series: | Challenges of the Knowledge Society |
| Subjects: | |
| Online Access: | http://cks.univnt.ro/uploads/cks_2018_articles/index.php?dir=4_intellectual_property_law%2F&download=CKS_2018_intellectual_+property_law_005.pdf |
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| Summary: | This study focuses on databases as they are regulated by Directive no.96/9/EC regarding the protection of databases.
There are also several references to Romanian Law no.8/1996 on copyright and neighbouring rights which implements the
mentioned European Directive. The study analyses certain effects that the sui-generis protection has on public domain.
The study tries to demonstrate that the reglementation specific to databases neglects the interests correlated with the
public domain. The effect of such a regulation is the abusive creation of some databases in which the public domain (meaning
information not protected by copyright such as news, ideas, procedures, methods, systems, processes, concepts, principles,
discoveries) ends up being encapsulated and made available only to some private interests, the access to public domain being
regulated indirectly. The study begins by explaining the sui- generis right and its origin. The first mention of databases can be
found in “Green Paper on Copyright (1998),” a document that clearly shows, the database protection was thought to cover a
sphere of information non-protectable from the scientific and industrial fields.
Several arguments are made by the author, most of them based on the report of the Public Consultation sustained in
2014 in regards to the necessity of the sui-generis right. There are some references made to a specific case law, namely British
Houseracing Board vs William Hill and Fixture Marketing Ldt. The ECJ’s decision în that case is of great importance for the
support of public interest to access information corresponding to some restrictive fields that are derived as a result of the
maker’s activities, because in the absence of the sui-generis right, all this information can be freely accessed and used. |
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| ISSN: | 2068-7796 2068-7796 |