Skip to main content Accessibility help
×
Hostname: page-component-77c89778f8-m8s7h Total loading time: 0 Render date: 2024-07-17T05:33:50.706Z Has data issue: false hasContentIssue false

3 - Protection of databases in the EU

Published online by Cambridge University Press:  30 June 2009

Mark J. Davison
Affiliation:
Monash University, Victoria
Get access

Summary

This chapter examines the history of the Directive and its final form. It provides an overview of the official process leading up to the adoption of the Directive, and emphasises its changes in direction from the first EU documentation suggesting separate protection for databases through to the final version. In so doing, it demonstrates the myriad of potential models for sui generis protection. The initial proposals were firmly based on unfair competition principles, while the final version of the Directive draws very heavily upon copyright principles. The chapter also undertakes an analysis of individual provisions of the Directive and examines some of the difficulties associated with their interpretation. Particular emphasis is placed upon the relationship between copyright in the structure of databases and the individual contents of databases on the one hand, and the new sui generis right provided by the Directive on the other. In the course of this analysis, reference is also made to the justifications provided by various organs of the EU for the Directive's approach to particular issues and the various provisions implementing that approach. Finally, the last section of this chapter discusses the provisions of the recently adopted EU Directive 2001/29/EC of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society (“the Copyright Directive”). The Copyright Directive contains provisions concerning the prohibition of circumvention of technological protection devices designed to protect copyright material.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2003

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×