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This book focuses on database law (a branch of intellectual property law) and further explores the legal protection currently available for data and data-related products in India. It offers a comparative study of the position of copyright law in protecting databases in the US and EU, while also presenting responses from the Indian database industry and its aspirations regarding the role of copyright law in database protection. India is undoubtedly leading the way as a knowledge economy. Its strengths are its information technology capability and its knowledge society, as well as its booming database industry – aspects that also necessitate the study of the role of law, as well as the protection of data and databases, in India. This book examines the growing importance of copyright law for protecting databases as well as for ensuring access in information societies. The book concludes with a discussion of key principles to be kept in mind in the context of drafting legal regimes for databases in India that will both benefit the database industry and ensure accessibility.
Highlights the practical issues surrounding the legal protection of databases, explains the database right and assesses the impact that 1998 database law will have on anyone seeking to protect, develop and exploit their own databases or licence, challenge or acquire rights over others.
Mark Davison examines several legal models designed to protect databases, considering in particular the EU Directive, the history of its adoption and its transposition into national laws. He compares the Directive with a range of American legislative proposals, as well as the principles of misappropriation that underpin them. In addition, the book also contains a commentary on the appropriateness of the various models in the context of moves for an international agreement on the topic. This book will be of interest to academics and practitioners, including those involved with databases and other forms of new media.
Dr Derclaye s book is well structured. . . the methodology is theoretical and comparative. . . Derclaye s work on database law is timely and readable, presenting a sound thesis to the perceived problems. Patricia Akester, Journal of Intellectual Property This book has a wide-ranging, detailed appeal for all lawyers, students and those in the public and private sectors. . . Richard Chambers . . . this book is a detailed, comprehensive and well-researched examination of legal protection of databases, which offers a valuable template for reform that will be of great interest to academics and policymakers alike. Tanya Aplin, European Intellectual Property Review The protection of the investment made in collecting, verifying or presenting database contents is still not harmonised internationally. Some laws over-protect database contents, whilst others under-protect them. This book examines and compares several methods available for the protection of investment in database creation namely, intellectual property, unfair competition, contract and technological protection measures in order to find an adequate type and level of protection. To this effect, the author uses criteria based on a combination of the economics of information goods, the human rights to intellectual property and to information, and the public interest, proposing a model that can be adopted at international and national levels. The Legal Protection of Databases will be of interest to intellectual property lawyers, competition lawyers, as well as general commercial lawyers because of the breadth of laws reviewed. It will also appeal to practitioners, policymakers, economists and students.
This book examines the present state of harmonization of unfair competition law in Europe. It discusses the particular approach to unfair competition law in the 10 new Member States and the possible impact on the future development of European unfair competition law. The book presents new insight in the importance of unfair competition law, especially in countries with a developing market economy.
The Handbook of Space Law addresses the legal and regulatory aspects of activities in outer space and major space applications from a comprehensive and structured perspective. It fundamentally addresses the dichotomy between the state-oriented characte
Connected to the jurisprudence surrounding the copyrightability of a factual compilation, this book locates the footprints of the standard envisaged in a US Supreme court decision (Feist) in Europe. In particular, it observes the extent of similarity of such jurisprudence to the standard adopted and deliberated in the European Union. Many a times the reasons behind law making goes unnoticed. The compelling situations and the history existing prior to an enactment helps in understanding the balance that exists in a particular legislation. While looking at the process of enacting the Database Directive (96/9/EC), this book reflects upon the concern that was expressed with the outcome of Feist decision in Europe.
This book elaborates and updates a staff exchange that took place in 2001 among legal scholars from the Universities of Oxford and Leiden. Its insights represent some of the best-informed thinking on the legal aspects of this all-pervasive feature of contemporary society.
Political and social changes that took place at the turn of the 20th and 21st centuries and, additionally, technological revolution and the process of digitalisation have resulted in significant social, economic and legal transformations. Then, it can be even said metaphorically that together with the development of the Internet we discovered a new continent. 'Colonization' of this area resembles conquering new areas in times of great geographical discoveries. At first, power and violence were prevailing and only later people tried to introduce effective methods of law enforcement. Nowadays, the next problem is the non-territoriality of phenomena on the Internet. From the point of view of legal actions, it is generally limited to a legal system of a given country, and seems to be a fundamental issue. As it appears, law and legal systems do not handle the challenges of global space and it is rather a gunslinger's speed that turns out to be essential here. However, it should be hoped that with time, as in the case of the real world experience, power will be replaced with powerful arguments based on effective legal mechanisms in particular. All the more so, as these changes happen very rapidly. Thus, referring to the known concept of liquid modernity by Zygmunt Bauman, it can also be said that by regulating the media subject in the field of law to fundamental changes, we are confronted with the uncertainty of legal institutions concerning this part of social life. Hence, we should return to the basics and again pose fundamental questions about media law such as, for instance, what should the press, radio, television be called, and who can be treated as a journalist. Additionally, we should face new legal phenomena and challenges. The collective work we are passing to the readers is an attempt to analyse the current state and present a forecast about further changes as well as answers to at least several questions posed above. Being aware of the fact that it is impossible to deal with or even settle all the aforementioned problems in such a study, the editors hope that, thanks to reviews and deliberations of the authors, the book will significantly contribute to the discussion on media law in the 21st century. The authors of individual chapters of this book are researchers from various Polish scientific institutions and members of the Polish PressLawAssociation.
In recent years forensic DNA evidence has been used by agencies and actors in the criminal justice system more and more frequently to both convict the guilty and exonerate the innocent. Cases that previously may have been unsolveable have been transformed into solvable cases where viable suspects can be identified and arrested or removed from suspect lists. This book presents examinations of how DNA, and some other forensic methods, are being used by our justice system and the issues that surround these uses.