Journal of Information Processing and Management
Online ISSN : 1347-1597
Print ISSN : 0021-7298
ISSN-L : 0021-7298
Commentary article
Legal protection of databases
-Current trends concerning the legal protection of databases as a sui generis right in the European Union-
Takashi NAGATSUKA
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JOURNAL FREE ACCESS

2001 Volume 44 Issue 5 Pages 322

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Abstract

Based on the spread of the Internet, the number of database types as well as the range of their usage and supply is growing rapidly. Apart from databases which are protected by copyright as the author’s own intellectual creation, especially fact databases storing data such as individual entries from telephone directories, real estate information, genomic information, and information on horseracing or auctions are increasingly made use of at many places in society. It is summarized the characteristics of EC Database Directive on the legal protection of databases which defines the protection of databases as a sui generis right irrespective of whether the database constitutes the author’s own intellectual creation, but provided that substantial investment has been made. It also presents the subsequent national legislation in the countries of the EU as well as most recent cases related to the subject. The historical changes in the United States, in Europe and in Japan concerning the legal protection of databases are shown and the future direction is discussed.

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© Japan Science and Technology Corporation 2001
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