The right of sui generis to databases - the right to databases as non-property goods, protected by virtue of the investments made in the formation of the database.
Being copyright related, it protects the database, even if it does not include the creative aspect protected by copyright [1] . If the database has a creative level, it can enjoy parallel copyright protection as a work. [2]
Content
Russia
According to article 1260 of the Civil Code of the Russian Federation , a database is an objective set of independent materials (articles, calculations, normative acts, court decisions and other similar materials), systematized so that these materials can be found and processed electronically computing machine (computer). In order for the right to databases to take effect, it is not necessary to register them, however, the law provides for registration of rights. The right to databases in Russia is valid only for databases created after December 31, 2007 [3] .
European Union
On March 11, 1996, the Council of the European Union adopted Directive No. 96/9 / EC of March 11, 1996 on the legal protection of databases . [four]
UK
January 1, 1998 in the UK came into force the Law "On Copyright and Database Rights" [5] .
USA
There is no right to sui generis databases in the USA . Database owners are trying to introduce such a right, but so far all their attempts have been prevented by scientific libraries, consumer groups and companies benefiting from the free use of factual information [6] .
Notes
- ↑ The Copyright and Rights in Databases Regulations 1997 . UK Government. - "A property right (" database right ") subsists, in accordance with this Part, in a database if there has been a substantial investment in obtaining, verifying or presenting the contents of the database.". Date of treatment February 21, 2012. Archived on September 13, 2012. : United Kingdom implementation of the EU directive
- ↑ In the EU, Abs. 4 tbsp. 7 EU Directive No. 96/9 / EC
- ↑ Resolution of the Plenum of the Supreme Court of the Russian Federation, Plenum of the Supreme Arbitration Court of the Russian Federation of March 26, 2009 N 5/29, Moscow from “On Some Issues Arising from the Implementation of Part Four of the Civil Code of the Russian Federation”
- ↑ Official Journal of the European Communities No. L77, 27.3.96, page 20
- ↑ SI. 3032 of 1997
- ↑ Merges, Robert P., (2000) One Hundred Years of Solicitude: Intellectual Property Law, 1900–2000. California Law Review, vol. 88, no.6, pp. 2187-2240, available at JSTOR