Derclaye, estelle 2005 databases sui generis right. The polish supreme court held that the creative original nature of a work protected by may manifest itself in the creative, new and simplified combination of known elements e. In search of an adequate legal protection of databases. Ethos electronic theses online servicegbunited kingdo topics. While press publishers are very well protected already, the. The crux of the judgment comes at paragraph 42 when the court clearly states that skill and labour in the selection or arrangement of the data, even if significant, is not sufficient as such. A comparative analysis some other viewers can determine in regards to a guide. It will also appeal to practitioners, policymakers, economists and students.
A comparative analysis estelle derclaye download online. The legal protection of databases a comparative analysis estelle derclaye. This book examines and compares several methods available for the protection of. The protection of the investment made in collecting, verifying or presenting database contents is still not harmonised internationally. The legal protection of databases estelle derclaye bok. Estelle derclayes 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. These sections should serve as firstaid database for deepening the understanding of a specific topic.
The relationship between copyright and contract law. Estelle derclaye holds degrees in law from the university of liege licence en droit. Estelle derclaye introduction as the book highlights it, sporting activities are increasingly regulated especially by eu law. The legal protection of databases edward elgar publishing. Professor derclaye is the author of the legal protection of databases, a comparative analysis edward elgar publishing, 2008, editor of.
Published in revue internationale du droit dauteur 2014. Part vi deals with digital rights management drm and its interplay with contracts. European parliament and council directive 969 on the legal protection of databases contents introduction the concept of substantial investment. Intellectual property quarterly an eu copyright code. The first part focuses on the subject matter, scope and limits of legal protection for databases according to the directive 969ec and the related relevant court of justice of the european. The big data challenge recommendations by estelle derclaye. Professor estelle derclaye, professor of intellectual property law.
Directive 200924ec on the legal protection of computer programs codified version, april 23, 2009 read articles 110. The legal protection of databases by estelle derclaye, 97818472031, available at book depository with free delivery worldwide. These kinds of guidance could make you much more usa. This book examines and compares several types of methods. Estelle derclaye, associate professor and reader in intellectual property law, university of nottingham, uk publication date. Some laws overprotect database contents, whilst others underprotect them. Estelle derclaye, associate professor and reader in intellectual property law, university of nottingham, school of law. The condition of individuality of such a work will be met if it is unique from the statistical point of view, meaning that. A comparative analysis, edward elgar publishing, 2008 posted. Estelle derclaye however, at present and we dont have any info on this performer estelle derclaye. Buy the legal protection of databases by estelle derclaye from waterstones today. Can we draw conclusions for the future of both rights. So, whether the protection of the database directive actually increased database. The responses to lease the legal protection of databases.
Without this common law, transborder data exchanges are easier. Estelle derclaye of university of nottingham, nottingham notts read 88 publications. From the selectedworks of estelle derclaye 2008 does the directive on the reuse of public sector information affect the states database sui generis right. Protecting databases in the eu after ryanair this paper discussed the current status quo of legal protection of databases after the ryanair case c3014. It inquires into the interaction between technological protection measures tpms and enduser licence agreements. Estelle derclaye the protection of the investment made in collecting, verifying or presenting database contents is still not harmonised internationally. Achetez neuf ou doccasion the legal protection of databases. Stanford libraries official online search tool for books, media, journals, databases, government documents and more. An economic analysis of the contractual protection of. Estelle derclaye, associate professor and reader in intellectual property law. Estelle derclaye author of the legal protection of databases. Many will know, as professionals or learners that in some jurisdictions there are laws. Nevertheless, we will take pleasure in when you have. Professor derclaye is the author of the legal protection of databases.
The protection of the investment made in collecting, ver. Intellectual property overlaps ebok derclaye estelle. The eus sui generis right in databases not only gives investors in collections of. A second position is that a game is sui generis, akin to software and databases.
Diplome detudes specialisees en droit, the george washington university llm and london phd. Some laws overprotect database contents, whilst others. Estelle derclaye holds degrees in law from the university of liege licence. The legal protection of databases by estelle derclaye. Home derclaye, estelle the legal protection of databases. The legal protection of databases by derclaye, estelle. A comparative analysis, by estelle derclaye, isbn 97818472031, published by edward elgar publishing limited from. A comparative analysis estelle derclaye, the legal protection of databases. One way the sport industry has been indirectly regulated by eu law is through the interpretation of an intellectual property right, the sui generis right protecting databases, also called database right. A comparative analysis estelle derclaye book online click here. Statement from eu academics on proposed press publishers right. Legal protection of databases by derclaye, estelle. This book examines and compares several methods available for the protection of investment in database creation namely, intellectual property, unfair competition, contract and.