Here is the synopsis of our sample research paper on Sui Generis and Database Protection. Have the paper e-mailed to you 24/7/365.
Essay / Research Paper Abstract
This 14 page paper considers the protection that is granted to databases under EU law with the application of sui generis, which is embedded in Directive 96/9/EC on the legal protection of databases. The protection that is afforded is discussed and the way this has changed since Simon Chalton posed a rhetorical question in the title to his 2001 article "Database Right: Stronger than it Looks?" The bibliography cites
Page Count:
14 pages (~225 words per page)
File: TS14_TEdatsuigen.rtf
Buy This Term Paper »
Unformatted sample text from the term paper:
database protection is stronger than it appears. To assess if this perception is correct and the concept of sui generuis is really enacted in the way that the legislation and
how its applications has developed it is necessary to first look at the way that database protection has been pout into place and then consider how it has changed.
It may be argued that there has been the development of an environment where there is an over protection of databases, which may not necessarily be in the public interest
as it may take important sources of information out of the public domain. However, it can also be argued that there needs to be some protection without this there will
not be an incentive to develop and correlate information in databases, therefore a balance needs to be achieved (Colston, 2001). The way that the legislation is enacted
there is a reliance on the concept of sui generis, Directive 96/9/EC on the legal protection of databases was adopted on the 11th of March 1996. There were three aims
enshrined in this directive, the first was " to remove existing differences in the legal protection of databases by harmonising the rules that applied to copyright protection", the second is
to "safeguard the investment of database makers" and the third is to "ensure that the legitimate interests of users to access information compiled in databases were secured" (DG Internal Market
and Services Working Paper, 2007). So that these aims can be met there has had to be harmonization in order to define originality that is needed under the concept
of sui generis, has definitions of originality and the requirement for protection under copyright throughout the European Union was divergent, generally divided between two types of standards; the droit dauteur,
...