PROTECTION OF DATABASES - THE SUI GENERIS RIGHT
PROTECTION OF DATABASES - THE SUI GENERIS RIGHT
Author(s): Andrea Annamaria ChişSubject(s): Law, Constitution, Jurisprudence
Published by: Studia Universitatis Babes-Bolyai
Keywords: protection of databases; database legal protection; “spin-off” databases; “sweat of the brow” (doctrine; theory); “non-original” databases; sui generis right
Summary/Abstract: Member States’ national law, which had provided a different protection of databases according to their level of originality determined the adoption of a communitarian directive, namely the European Parliament and the Council Directive 96/9/EC of 11 March 1996 on the legal protection of databases. The scope of this directive was to ensure legal protection for the so called “non original” databases (simple lists of information). However, ECJ did not change its jurisprudence after the directive, refusing legal protection for “non-original” databases, which fact curtailed significantly the scope of the provision, inducing legal uncertainty on the EU and national level as well.
Journal: Studia Universitatis Babes Bolyai - Iurisprudentia
- Issue Year: 54/2009
- Issue No: 3
- Page Range: 61-73
- Page Count: 13
- Language: English