Protection of Databases in India: Copyright Termination Sui Generis Conception

Abstract

Historically, databases are protected under copyright laws. India, which has been a major beneficiary of electronic commerce, provides copyright protections to databases. The adequacy of these protections is analysed in this paper, which considers the developments in digital, which make most of the database manufacturers susceptible to free-rider competition. The paper aims to demonstrate that adoption of the Feist doctrine by the Indian courts leads to inequitable results. The solution which the paper advocates is the adoption of a sui generis legislation which clearly prescribes the property rights and limitations, to database creators in India.