Rights on Databases and Technological Measures – Topical Problems of the Information Society
Rights on Databases and Technological Measures – Topical Problems of the Information Society

Author(s): Albena Dobreva
Subject(s): Social Sciences
Published by: Udruženje ekonomista i menadžera Balkana
Keywords: Technological measures; Database; Database Directive; InfoSoc Directive; Exceptions and limitations
Summary/Abstract: Technological measures entered into a mode of harmonization in the European legal space with Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonization of certain aspects of copyright and related rights in the information society. In Art. 6, para. 3, these measures, in the field of intellectual property better known as technological protective measures (TPM), were expressly intended, including for the sui generis right provided for in Chapter III of Directive 96/9/EC. The following analysis considers the forms of manifestation, dynamics, harmonization issues, and bottlenecks in the application of technological measures to intellectual property objects with an emphasis on databases. A handful of selected examples from EU case law and technical literature help to make visible the conflict between the technological and the legal, and sometimes between them and the fair, the expected and the reasonable. Such examples are like labels that the reinforce feeling of that contradictory union that gave birth to the expression “L’union de l’aveugle et le paralytique.” The analysis allows some conclusions, the aim of which is to contribute to the assessment of the effect of the application of the technological measures defined in the InfoSoc Directive, taking into account the nature and application of this protection, including on the digital databases rights in the current historical moment.

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