|
|
Legal protection of databases in the European Union and the United States of America
Andrejaš, Michaela ; Dobřichovský, Tomáš (advisor) ; Císařová, Zuzana (referee)
This Paper presents a comparative analysis of legal protection of databases in USA and EU. EU, with the intention to strengthen it's postition in the world database industry, introduced by a Directive 96/9/EC a legal experiment of sui generis right to databases, protecting databases on the basis of an investment only, regardless of the coypright law requirement of originality. USA does not offer the Directive's sui generis right, however protects the databases by whole range of traditional means of legal protection. On the basis of the comparative analysis of the traditional and present legal protection of databases in the EU and USA, as well as a critical assessment of the Directive and it's impact on the EU database industry, the Author rebuts the U.S. sui generis right proponents' arguments and proves her initial hypothesis that USA does not lack sui generis right protection, nor does it have a single reason to introduce this legal experiment into it's well established and working legal system.
|
|
|
Legal protection of databases in the Czech Republic and in the United States
Vltavský, Petr ; Dobřichovský, Tomáš (advisor) ; Křesťanová, Veronika (referee)
1 Abstract and keywords Legal protection of databases in the Czech Republic and in the United States This rigorous work analyses the legal protection of databases in the Czech Republic, as well as in the European Union and the United States. It comprehensively summarizes the regulation of database protection in these legal environments. The first part is devoted to the explanation of the concept of database and the possible division of databases to ensure a comprehensive understanding of database issues. The next part deals with international regulations and its development. The most important legislation in the database law in the Czech Republic is the one from the European Union level, which has unified the central copyright protection of databases. The work therefore discusses in detail the circumstances of the adoption of this legislation, its transposition into the national regulations of the Member States, the legislation itself and its individual instruments. This part addresses the use of the case law of the Court of Justice of the European Union and the courts of the Member States. This section offers overview of the evaluation of this legislation by the European Commission. Within this part, a section is devoted to the unique protection of databases through the institute of database modifications....
|
|
|
Legal protection of databases in the European Union and the United States of America
Andrejaš, Michaela ; Dobřichovský, Tomáš (advisor) ; Císařová, Zuzana (referee)
This Paper presents a comparative analysis of legal protection of databases in USA and EU. EU, with the intention to strengthen it's postition in the world database industry, introduced by a Directive 96/9/EC a legal experiment of sui generis right to databases, protecting databases on the basis of an investment only, regardless of the coypright law requirement of originality. USA does not offer the Directive's sui generis right, however protects the databases by whole range of traditional means of legal protection. On the basis of the comparative analysis of the traditional and present legal protection of databases in the EU and USA, as well as a critical assessment of the Directive and it's impact on the EU database industry, the Author rebuts the U.S. sui generis right proponents' arguments and proves her initial hypothesis that USA does not lack sui generis right protection, nor does it have a single reason to introduce this legal experiment into it's well established and working legal system.
|
guest ::
