学術データ・データベースと知的財産権
2004 年 14 巻 2 号 p. 5-8
詳細
2004 年 14 巻 2 号 p. 5-8
The rapid advances in digital technologies and networks have radically altered and improved the ways that data can be produced and used in science. The public domain information is defined as sources and types of data and information whose uses are not restricted by intellectual property or other statutory regimes and that are accordingly available to the public for use without authorization or restriction. It is increasing the pressure between the need of science for the free flows of data and information, and the considerations of the intellectual property rights with regards to the same data and information under the digital network environment. It is discussed in the case of the Global Biodiversity Information as the one of academic data and databases how to implicate the intellectual property rights on the databases. The EC Database Directive 1996 is created by a two-tier structure of intellectual property protection for original databases through copyright, and a new sui generis right for other unoriginal databases. In the United States, the bill named the Database and Collections of Information Misappropriation Act of 2003 (H.R.3261) is now in the process of legislation on the Congress. Where access to information is at issue, it would be necessary to introduce the new model of database rights as balanced with the free flows of academic data and databases in Japan.
