Goodreads helps you keep track of books you want to read.

Start by marking “The Legal Protection Of Databases: A Comparative Analysis” as Want to Read:

Other editions

Enlarge cover

Rate this book

Clear rating

1 of 5 stars 2 of 5 stars 3 of 5 stars 4 of 5 stars 5 of 5 stars

Open Preview

The Legal Protection Of Databases: A Comparative Analysis

by Estelle Derclaye

4.33 · Rating Details · 3 Ratings · 1 Review

Hardcover, 362 pages

Published January 1st 2008 by Edward Elgar Publishing

More Details... edit details

Get a copy:

Or buy for

Friend Reviews

To see what your friends thought of this book, please sign up.

Reader Q&A

To ask other readers questions about The Legal Protection Of Databases, please sign up.

Be the first to ask a question about The Legal Protection Of Databases

Lists with This Book

This book is not yet featured on Listopia. Add this book to your favorite list »

Community Reviews

(showing 1-4 of 4)

filter | sort: default (?) | Rating Details

Sep 14, 2008 Phillip Taylor rated it really liked it

Recommends it for: all post graduate learners with an interest in the future of data control

Recommended to Phillip by: richmondchambers@btconnect.com

A FAIR DEAL FOR THE NEW DATA MODEL

It is right to say that this book has a wide-ranging appeal for all lawyers, students and those in the public and private sectors who are now covered by the rules concerning all aspects of data usage.

Dr Estelle Derclaye’s aim is to examine and compare the several types of protection available for what she calls the “investment in database creation” because there is still no recognised international harmonization between the major players.

Many will know, as prof A FAIR DEAL FOR THE NEW DATA MODEL

It is right to say that this book has a wide-ranging appeal for all lawyers, students and those in the public and private sectors who are now covered by the rules concerning all aspects of data usage.

Dr Estelle Derclaye’s aim is to examine and compare the several types of protection available for what she calls the “investment in database creation” because there is still no recognised international harmonization between the major players.

Many will know, as professionals or learners that in some jurisdictions there are laws which over-protect database contents, whilst in others there is under-protection. So, Derclaye sets out her comparative analysis with an introduction, ten chapters, and a conclusion plus an excellent, extensive and detailed bibliography, an annex stating Directive 96/9/EC and a full index. I went to the conclusion first as this book was based on Derclaye’s doctoral thesis and I wanted to see what her recommendation is.

It is a good one!

Derclaye recommends that Europe should revise the Directive and suggests that the United States, other countries and WIPO or the WTO adopt the model she sets out in chapter 10 declaring that this model is “a compromise between American misappropriation and the European ‘sui generis’ right”, and “is balanced enough and can be enacted”. It is always good with a book like this one to have a solution to offer rather than the usual moaning about the problem, so how does the author get to her conclusion?

The answer is in the structure of a well-thought out and conveniently structured analysis which examines and compares several methods available for the protection of an investment in database creation by means of the four types of law which she has chosen to review: intellectual property; unfair competition; contract, and technological protection measures (TPMs).

The evidence for Derclaye’s conclusions comes from the use of criteria based on a combination of the economics of information goods, the human rights to intellectual property (always emotional), and to information (and any public interest) concerning her proposed model which it is suggested can be adopted nationally and internationally.

The way the author arrives at her conclusion is to examine the following:

the protection of databases in the European Union (Part 1, chapters 2 to 5); and

the United States (Part 2, chapters 6 to 8).

Of direct interest to practitioners is chapter 10 on remedies, and its part seven covering the relationship with other laws specifically contract, TPMs and competition law.

Her penultimate conclusion is that “a carefully crafted ‘sui generis’ intellectual property right is the best solution to protect investment in making databases both at national and international level” using the suggested model and a revised Directive.

CONCLUSION

I see no problem with this once the political will is forthcoming- which may be some time away. Derclaye’s debate is timely and her methodology sound as we all look for the best method this century to give public and private databases some form of proper consistent legal protection which is now inevitable and long overdue.

I have always been a non-regulation man, but there is a good case here for Derclaye’s database protection model and I hope her suggestions are not in vain!

PHILLIP TAYLOR MBE LL.B (Hons) PGCE Barrister-at-Law
Richmond Green Chambers
...more

flag Like · see review

John rated it really liked it
Sep 30, 2014

Jure Levovnik rated it it was amazing
Jul 27, 2014

Iranica added it
Aug 13, 2009

new topic
Discuss This Book

There are no discussion topics on this book yet. Be the first to start one »

Recommend It | Stats | Recent Status Updates

Books by Estelle Derclaye

Intellectual Property Overlaps: A European Perspective

Copyright and Cultural Heritage: Preservation and Access to Works in a Digital World

Research Handbook On The Future Of Eu Copyright (Research Handbooks In Intellectual Property)

More…

Share This Book

+ Share on your website

Trivia About The Legal Protect...

No trivia or quizzes yet. Add some now »

title link	preview: The Legal Protection Of Databases: A Comparative Analysis
avg rating	preview: The Legal Protection Of Databases: A Comparative Analysis Goodreads rating: 4.33 (3 ratings)
small image	preview: click here [close]
med image	preview: click here [close]
BBCode	[url=https://www.goodreads.com/book/show/4649832-the-legal-protection-of-databases?utm_medium=api&utm_source=blog_book][img]https://d.gr-assets.com/books/1358739248l/4649832.jpg[/img][/url] [url=https://www.goodreads.com/book/show/4649832-the-legal-protection-of-databases?utm_medium=api&utm_source=blog_book]The Legal Protection Of Databases: A Comparative Analysis by Estelle Derclaye[/url]

See a Problem?

Preview — The Legal Protection Of Databases by Estelle Derclaye

The Legal Protection Of Databases: A Comparative Analysis

Friend Reviews

Reader Q&A

Lists with This Book

Community Reviews

new topic
Discuss This Book

Books by Estelle Derclaye

Share This Book

Share on your website

Trivia About The Legal Protect...

See a Problem?

Preview — The Legal Protection Of Databases by Estelle Derclaye

The Legal Protection Of Databases: A Comparative Analysis

Friend Reviews

Reader Q&A

Lists with This Book

Community Reviews

new topicDiscuss This Book

Books by Estelle Derclaye

Share This Book

Share on your website

Trivia About The Legal Protect...

new topic
Discuss This Book