Chapter 3 Key debates

Computer programs and databases

Topic

Was the introduction of database right worth it?

Author

J H Reichman and Pamela Samuelson

Standpoint

Argue that the EU approach to protecting databases is restrictive and unnecessary.

Source

‘Intellectual Property Rights in Data’ (1997) 50 Vanderbilt L Rev 52–166

Author

European Commission

Standpoint

Adopts a neutral stance on the future of database right, offering the options to scrap it, continue it as it is, or change it.

Source

‘First evaluation of Directive 96/9/EC on the legal protection of Databases’, 12 December 2005

Author

Estelle Derclaye

Standpoint

A thorough review of the position.

Source

‘Intellectual Property Rights on Information and Market Power—Comparing European and American Protection of Databases’ (2007) 38(3) IIC 275–298 (on Westlaw)

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