The protection of data bases Cover Image

Protecția bazelor de date
The protection of data bases

Author(s): Ioana-Roxana Oltean
Subject(s): Law, Constitution, Jurisprudence, EU-Legislation
Published by: Facultatea de Drept, Universitatea din București
Keywords: database protection;intellectual property right;sui generis right;protection offered by competition law;

Summary/Abstract: The paper delves into the intricate landscape of database protection, offering a comprehensive examination of legal frameworks, rights, and challenges in safeguarding databases. Structured around key principles, the exploration unfolds in the context of international agreements, evolving technology, and the interplay between copyright and sui generis rights. Examining the rationale behind database protection, the paper contrasts general copyright principles with sui generis rights. While copyright aims to incentivize creative works, sui generis protection treats information as "property per se," akin to a real property right. This distinction signifies a paradigm shift, viewing information as valuable in itself rather than merely serving a purpose. International agreements, including the EU Database Directive, contribute to a standardized approach, but challenges persist. The transition to information economies necessitates continuous debate on balancing rights, liabilities, and exceptions to achieve optimal protection. In essence, the paper navigates the intricate terrain of database protection, offering a nuanced understanding of legal frameworks, international agreements, and practical considerations.

  • Issue Year: 2024
  • Issue No: 1
  • Page Range: 57-69
  • Page Count: 13
  • Language: Romanian
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