データベースに関する新しい知的所有権(sui generis right)と科学の発展への影響

抄録

A new type of intellectual property right (sui generis right), providing a second layer of database protection, has been proposed by the European Union in their Database Directive and by the World Intellectual Property Organization for their Database Treaty. Possible impacts of this new legal protection under the sui generis right on the development of science is discussed. The proposal of the sui generis right has been motivated to protect databases that lack originality in the selection or arrangement of information therein even though substantial amounts of time, efforts, or financial investment are required for their acquisition or production. The proposed right would include, in addition, protection of data themselves from which the databases have been produced. Thus, any new legislation designed to establish the sui generis right would have potentially adverse effects on the conduct and, therefore, development of science. An alternative approach based on prohibition against misappropriation would be preferable, since this type of protection is compatible with both the public's interest and the producer's economic return. A practical way is discussed of establishing a principle of full and open access to data that are obtained by use of public funds, namely, of establishing a "common right" to scientific data or databases.