The development of the Internet is to provide access to information in a way impossible anywhere off-line. With the advent of the digital services on the Internet, unoriginal collections of data, that is, the fact databases, especially those in electronic form, have new significance and value. Following the US Supreme Court’s decision in the Feist Case (1991), doubts emerged as to the common law’s generous approach to originality also so-called “sweat of the brow”. The decision has brought big influence upon the database producers in the world, especially in the European countries. The Commission of the European Communities (EC) pursued two objectives: (1) harmonize the rules of the member states with regard to copyrightable databases and (2) fill a perceived gap in existing intellectual property regimes with regard to electronic compilations data. As the results, 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. There are many opinions such as the compulsory licenses or the ‘spin off doctrine’ as by products of other activities to the decisions on the sui generis right in the countries of European Union. The review of the EC Database Directive is now proceeding. 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. On the condition that access to information is ensured it would be necessary to introduce the new model of database protection in Japan.
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