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NISCAIR PUBLICATIONS >
Research Journals >
Journal of Intellectual Property Rights (JIPR) >
JIPR Vol.17 [2012] >
JIPR Vol.17(2) [March 2012] >
| Title: | Comparative Analysis of Copyright Protection of Databases: The Path to Follow |
| Authors: | Ahmad, Tabrez
Dan, Sourav |
| Keywords: | Database
Copyright Directive
sui generis right
Literary Work
Originality |
| Issue Date: | Mar-2012 |
| Publisher: | NISCAIR-CSIR, India |
| Abstract: | Databases are generally perceived as static warehouses, storing up valuable
facts and information. With the advent of
e-commerce, entire businesses are being built upon databases and generating
revenue streams from subscriber fees, royalties, or advertising. In order to
recover the initial investment of time, money and skill put into it and to
avoid parasitic competition, database manufacturers protect their compilation
efforts. Therefore, without the
ability to restrict access to and use of databases that it compiles, a company
is effectively discouraged from participating in the information age. Although
traditionally, databases have been protected under copyright laws; advances
in information technology have enabled potential competitors and pirates to
engage in market-destructive copying. Further, in many jurisdictions, the
required level of originality has been in a state of flux in recent years,
particularly in the US and Europe, after the Feist
decision. The position in India
regarding databases is governed by the theory of rewarding investment in
labour, time and money coupled with the very low requirement of creativity. A
few guidelines have been suggested which may be used to develop a new law
taking into account the private and public interests and keeping in mind the
primary objective of the intellectual property regime to promote creativity and
innovation, and to maintain a vigorous public domain. |
| Page(s): | 111-121 |
| CC License: |  CC Attribution-Noncommercial-No Derivative Works 2.5 India |
| ISSN: | 0975-1076 (Online); 0971-7544 (Print) |
| Source: | JIPR Vol.17(2) [March 2012]
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