KOUKAL, Pavel. Protection of Databases. In Frank Hendrickx (general ed.). Information Technology Law in the Czech Republic. 1st ed. Netherlands: Wolters Kluwer, 2023, p. 281-290. International Encyclopaedia of Law/Privacy and Technolgy Law. ISBN 978-94-035-0817-7.
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Basic information
Original name Protection of Databases
Authors KOUKAL, Pavel (203 Czech Republic, guarantor, belonging to the institution).
Edition 1. vyd. Netherlands, Information Technology Law in the Czech Republic, p. 281-290, 10 pp. International Encyclopaedia of Law/Privacy and Technolgy Law, 2023.
Publisher Wolters Kluwer
Other information
Original language English
Type of outcome Chapter(s) of a specialized book
Field of Study 50501 Law
Country of publisher Netherlands
Confidentiality degree is not subject to a state or trade secret
Publication form printed version "print"
WWW Web nakladatele
RIV identification code RIV/00216224:14220/23:00131898
Organization unit Faculty of Law
ISBN 978-94-035-0817-7
Keywords in English databases; sui generis protection; substantial investment; data ownership
Tags rivok
Tags International impact, Reviewed
Changed by Changed by: Mgr. Petra Georgala, učo 32967. Changed: 23/2/2024 13:31.
Abstract
This chapter discusses the protection of databases and the concept of "data ownership." The chapter covers two main forms of protection: copyright for original databases and sui generis protection for the investment in a database. Copyright protects databases with a degree of originality, but not routine arrangements. It includes economic and moral rights and lasts for the author's life plus 70 years. Sui generis protection safeguards the financial investment in a database. To qualify, a database must meet specific criteria, including having independent elements, systematic arrangement, and individual accessibility. Sui generis rights are transferable, inheritable, and last 15 years, extendable with new investments. The chapter also clarifies the role of the database producer and discusses "data ownership," concluding that data typically isn't owned in the traditional sense but is protected through contracts, competition regulations, or sui generis rights.
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