Proposal for a Council Directive on the Legal Protection of Databases
Author | : Europæiske Fællesskaber. Kommissionen |
Publisher | : |
Total Pages | : 74 |
Release | : 1992 |
Genre | : Copyright |
ISBN | : 9789277413737 |
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Author | : Europæiske Fællesskaber. Kommissionen |
Publisher | : |
Total Pages | : 74 |
Release | : 1992 |
Genre | : Copyright |
ISBN | : 9789277413737 |
Author | : Estelle Derclaye |
Publisher | : Edward Elgar Publishing |
Total Pages | : 391 |
Release | : 2008-01-01 |
Genre | : Computers |
ISBN | : 184720998X |
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.
Author | : Mark J. Davison |
Publisher | : Cambridge University Press |
Total Pages | : 358 |
Release | : 2003-06-26 |
Genre | : Law |
ISBN | : 1139435655 |
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.
Author | : Christopher Rees |
Publisher | : Jordan Publishing (GB) |
Total Pages | : 296 |
Release | : 1998 |
Genre | : Computers |
ISBN | : |
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.
Author | : World Intellectual Property Organization |
Publisher | : WIPO |
Total Pages | : 252 |
Release | : 2022-12-22 |
Genre | : Law |
ISBN | : 9280534653 |
This third edition of Collective Management of Copyright and Related Rights presents an in-depth revision with invaluable updates on the different systems, legislative options and best practices of CMOs worldwide. As with previous editions, the book is written to reach a wide audience, with a special focus on questions that might emerge for governments as they prepare, adopt and apply collective management norms and regulations. The edition also sheds light on new copyright and related rights developments, including digital, technological and business trends, from all over the world. Additionally, there is detailed discussion on topics such as aspects of competition, national treatment, and different models of collective management.
Author | : Indranath Gupta |
Publisher | : Springer |
Total Pages | : 200 |
Release | : 2017-05-23 |
Genre | : Law |
ISBN | : 981103981X |
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.
Author | : Justine Pila |
Publisher | : |
Total Pages | : 712 |
Release | : 2019 |
Genre | : Law |
ISBN | : 0198831285 |
European Intellectual Property Law offers a full account of the main areas of substantive European intellectual property law - including the law of copyright and related rights, patents and plant variety rights, trademarks, design rights, and rights in data and information.
Author | : Rajam Neethu |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 332 |
Release | : 2019-06-21 |
Genre | : Law |
ISBN | : 9403506229 |
Governing Intellectual Property Rights Within Publicly Funded Biobanks R. Neethu The boom in biobanks and health databases as research infrastructures have evoked various legal and ethical debates. Since then numerous new developments have emerged such as digitalization, big-data research and artificial intelligence which has important implications for biobank-based research and collaborations. This new paradigm offers new legal challenges for commercial involvement particularly within a publicly funded setting. In this innovative book, the author shows that securing maximum social benefit out of the knowledge emanating from the use of biobank resources lies in managing intellectual property inputs and outputs effectively in keeping with the values core to such research. Focusing on the challenges of involving intellectual property rights (IPRs) particularly in the precompetitive phase of biobank-based research, the book offers an extensive understanding of the role of different IPRs and identifies the gaps in the law and its implications for biobanks. The analysis covers important aspects in relation to biobanks such as: Digital integration and biomedical data storage; Ownership of biological samples; Commercialization and benefit sharing; Partnership models; Public sector research; Disposition of samples; Consent; Cross-border exchange; Trade secrecy; Privacy; Regulatory stewardship; Business strategies; Ethical considerations over biological resources; Patenting of inventions relating to personalized medicine; Ethical parameters within patent law; and Rights regarding genetic data and databases. The book includes observations, case studies and interviews conducted by the author. In conclusion, the author offers cogent recommendations for legal interoperability of IP rules and research practices designed to enhance the ability of biobanks to share, access and reuse data. This book is the first of its kind to explore the organizational and legislative choices for biobanks particularly while engaging in the protection of research results and technology transfer within a publicly funded setting. It will be of substantial interest to all stakeholders in biobanking, especially policymakers, biobankers and researchers working in the field of health law as well as for legal practitioners, academics and patient interest groups.
Author | : Jan Bernd Nordemann |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 605 |
Release | : 2021-08-23 |
Genre | : Law |
ISBN | : 9403532815 |
Data, in its raw or unstructured form, has become an important and valuable economic asset, lending it the sobriquet of ‘the oil of the twenty-first century’. Clearly, as intellectual property, raw data must be legally defined if not somehow protected to ensure that its access and re-use can be subject to legal relations. As legislators struggle to develop a settled legal regime in this complex area, this indispensable handbook will offer a careful and dedicated analysis of the legal instruments and remedies, both existing and potential, that provide such protection across a wide variety of national legal systems. Produced under the auspices of the International Association for the Protection of International Property (AIPPI), more than forty of the association’s specialists from twenty-three countries worldwide contribute national chapters on the relevant law in their respective jurisdictions. The contributions thoroughly explain how each country approaches such crucial matters as the following: if there is any intellectual property right available to protect raw data; the nature of such intellectual property rights that exist in unstructured data; contracts on data and which legal boundaries stand in the way of contract drafting; liability for data products or services; and questions of international private law and cross-border portability. Each country’s rules concerning specific forms of data – such as data embedded in household appliances and consumer goods, criminal offence data, data relating to human genetics, tax and bank secrecy, medical records, and clinical trial data – are described, drawing on legislation, regulation, and case law. A matchless legal resource on one of the most important raw materials of the twenty-first century, this book provides corporate counsel, practitioners and policymakers working in the field of intellectual property rights, and concerned academics with both a broad-based global overview on emerging legal strategies in the protection of unstructured data and the latest information on existing legislation and regulation in the area.
Author | : European Communication Council (ECC) |
Publisher | : Springer Science & Business Media |
Total Pages | : 367 |
Release | : 2012-12-06 |
Genre | : Technology & Engineering |
ISBN | : 3642607462 |
In dem Statusreport des European Communication Council stehen wissenschaftliche Analysen mit den Schwerpunkten: die neuen Arbeitsplätze, die Auswirkungen der Regulierungsansätze sowie die Forderung eines eigenen europäischen Internets im Vordergrund. Der erstmaig erstellte Facts & Figures - Teil informiert über die neuesten Basisdaten der Kommunikationsindustrie. Die wichtigsten Thesen: Ein eigenes europäisches Internet ist notwendig, um die Online-Nutzung in Europa zu erleichtern und zu beschleunigen. Neue europäische Medien brauchen eigene europäische Anbieter, um die gesellschaftliche und kulturelle Vielfalt in Europa zu stärken. Die Telekommunikationsleistungen in Europa sind zu teuer. Der integrierte Ansatz der Fernseh- und Telekommunikationsregulierung in den USA kann auch ein Modell für Europa sein.