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New legal approaches, such as the European Union's 1996 Directive on the Legal Protection of Databases, and other legal initiatives now being considered in the United States at the federal and state level, are threatening to compromise public access to scientific and technical data available through computerized databases. Lawmakers are struggling to strike an appropriate balance between the rights of database rights holders, who are concerned about possible commercial misappropriation of their products, and public-interest users of the data such as researchers, educators, and libraries. A Question of Balance examines this balancing act. The committee concludes that because database rights holders already enjoy significant legal, technical, and market-based protections, the need for statutory protection has not been sufficiently substantiated. Nevertheless, although the committee opposes the creation of any strong new protective measures, it recognizes that some additional limits against wholesale misappropriation of databases may be necessary. In particular, a new, properly scoped and focused U.S. statute might provide a reasonable alternative to the European Union's highly protectionistic database directive. Such legislation could then serve as a legal model for an international treaty in this area. The book recommends a number of guiding principles for such possible legislation, as well as related policy actions for the administration.
Kazakhstan has an ambitious program to increase its technological competitiveness in the global market place during the next few years, but achieving success will depend in large measure on the effectiveness of upgraded science and technology (S&T) capabilities. This report identifies important opportunities and limitations in the education system, research and development (R&D) institutions, production companies, and service organizations to help governmental organizations in Kazakhstan with strong interests in S&T chart the future course of the country.
This symposium, which was held on March 10-11, 2003, at UNESCO headquarters in Paris, brought together policy experts and managers from the government and academic sectors in both developed and developing countries to (1) describe the role, value, and limits that the public domain and open access to digital data and information have in the context of international research; (2) identify and analyze the various legal, economic, and technological pressures on the public domain in digital data and information, and their potential effects on international research; and (3) review the existing and proposed approaches for preserving and promoting the public domain and open access to scientific and technical data and information on a global basis, with particular attention to the needs of developing countries.