Davison, isbn 9780521049450, published by cambridge university press from. It will also appeal to practitioners, policymakers, economists and students. This document provides a useful tool to compare situations, both at european level and within subregions of europe on achievements of targets outlined in the innocenti declaration as of 1999. A database generally refers to an aggregate of information systematically arranged and fixed, either on paper or in any other form such as electronic media. Media market definitions comparative legal analysis. This book focuses on database law a branch of intellectual property law and further explores the legal protection currently available for data and datarelated products in india. The processes of creating databases involve huge capital outlays and are often undertaken solely on the prospect of generating revenue on the sale of the information or database services. But, can we apply the same argument to those works generated by an evolving gan. These include adoption of open source, standardsbased software. Comparative analysis of surveillance laws and practices in. Thanks to these advances, doctors now have the tools to diagnose certain disorders, and to carry out genetic tests to determine increased risks of dev. The library subscribes to a number of commercial databases related to legal research which are available to patrons while onsite in a library of congress reading room only.
A comparative analysis of proposals for the legal protection of. The extent of the protection provided to databases is explained in the following sections. And these insights can be applied to our own legal culture, helping illuminate different perspectives that may yield a deeper understanding of our legal. Comparative analysis of disaster databases background the present report comparison of disaster databases has been elaborated for working group 3 wg3 of the interagency task force iatf of the international strategy of disaster reduction isdr on risk, vulnerability and impact assessment as part of the. For example, the human genome can be expressed on 200,000 pages or on a few compact disks. In search of an adequate legal protection of databases.
How data protection fits with the algorithmic society via two. Comparative law is not a body of rules and principles. This analysis is part of an ilo policy series, cash transfer programmes, poverty reduction and empowerment of women, that examines the interplay of two broad initiatives of importance for social justice and wellbeing in developing economies. How data protection fits with the algorithmic society via. For full access to this pdf, sign in to an existing account, or purchase an annual subscription. Comparative analysis of national approaches on voluntary.
A comparison of the legal protection of databases in the united. The insights gathered can usefully illuminate the inner workings of a foreign legal system. Includes the title of the database, a link to it, who can access it, a description of the database, and what law topics it includes. Primarily, it is a method, a way of looking at legal problems, legal institutions, and entire legal systems. They are not intended to constitute legal or other professional advice, and should not be relied on or treated as a substitute for specific advice relevant to particular circumstances.
Chapter 3s analysis will be limited to the protection of databases. For this purpose, a number of legal acts of both countries regulating this issue have been processed. Lpp publishes articles exploring the connection between library practice and the philosophy and theory behind it. In addition, most countries have taken steps to establish legal frameworks for the protection of patient data. Find databases and eresources that provide legal and legislative information for the u. Identification data from lists of substances sometimes leads to incomplete bibliographic analysis in the major chemical databases. The production of digital content is a phenomenon which has completely changed the conditions of access to knowledge. An indian perspective harsh maggon symbiosis law college, senapati bapat road, pune 411 004 received 15 september 2005, revised 17 january 2006 many countries have proposed introduction of a sui generis form of protection for noncreative databases.
Oxford sso developed in partnership with the attorneygenerals information service australia, this is a collection of abstracts and full text articles in comparative and commonwealth law. The protection of the investment made in collecting, verifying or presenting. The virgin atlantic is a british airline company, owned by sir ichard branson and. Databases are generally perceived in legal scholarship as static warehouses, storing up valuable facts and information. In terms of data sources, priority was given to information from already existing legal databases that summarise directly from primary sources the main characteristics of ui schemes across countries. Peru does not provide strong legal protection for location privacy. 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.
Comparative law is by definition the study of foreign law. Database law perspectives from india anirban mazumder. The protection of databases by technological measures and. The legal protection of databases a comparative analysis. The legal protection of databases a comparative analysis estelle derclaye. A comparison might be drawn to another branch of unfair competition. Firms comparative analysis in the preparation of the comparative analysis research, i will focus my research on the virgin atlantic airways limited and kenya airways. Comparative analysis in national approaches prepared by mr. Comparative analysis of relational and graph databases. Report on legal protection for databases us copyright office. Sorry, we are unable to provide the full text but you may find it at the following locations. The best comparative law work can help to bring definition and clarity not only between legal systems, but also within them. Study in support of the evaluation of directive 969ec on the legal.
Main references on the neighboring right for databases are. Protection of databases in india and sui generis protection. In an effort to help policy makers understand the concerns of all parties, the patent and trademark office pto held a one day conference on database protection and access issues pto database conference on april 28, 1998. The divide between the protection afforded to databases in europe and that afforded to those in the usa is transatlantic in every sense of the word. Chapter 3s analysis will be limited to the protection of databases against. Cuatrecasas, market definitions in the media sector comparative legal analysis, portugal and spain, november 2003 and march 2004. Fast, with a powerful traversal framework for highspeed graph queries. The protection of the investment made in collecting, verifying or presenting database contents is still not harmonised internationally. Specific aims of my research 10 methods a comparative analysis was conducted using key resources to identify best research practices and recommendations of indigenous groups among four countries. The protection of databases by the sui generis right. In contrast, mitchel lasser describes the method behind his comparison of judicial styles as a cultural analysis of mentalites,8 but then he explains di. Among these activities is a study commissioned by wipo entitled the legal status of video games.
The scope and nature of protection international reference to the legal protection of databases is found in the berne convention article 25 which says that a database is a collection of literary and artistic work such as encyclopedias and anthologies which by reason of the. Are owners or processors of pii required to maintain any internal records of their data processing activities or to establish internal processes or written documentation. Electronic databases are an important part of the information economy. Table of all the law databases available through the uw law library. Some laws overprotect database contents, whilst others underprotect them. Canada, new zealand, australia and the united states. Comparative analysis of surveillance laws and practices in latin america. This dissertation analyzes three hypotheses that are often advanced in the literature regarding social rights in a comparative scenario. Privacy and data protection issues of biometric applications. Bloomberg law provides court dockets, cases, news, legal analysis and legal tools. The internet, and the development of online services as an effective business tool, has meant that electronic databases are now one of the key platforms for the delivery of information and content. Request for comments on intellectual property protection. A bloomberg terminal, which will allow more sophisticated searching of financial data and access to additional financial and company information, is located near the reference desk. The present study takes as its starting point environmentally important chemicals and the retrieval of selectively.
Please provide the exact url and date of your last visit when citing this article. The information and opinions within this website are for information purposes only. The protection of databases by unfair competition in europe. The eu directive on the legal protection of databases by kristof roox and paul maeyaert introduction on 26 february 1996 the council of ministers adopted the final text for a european parliament and council directive on the legal protection of databases1 hereinafter, the directive. Within this framework it becomes even more important to find and to formulate a new settlement for intellectual property rights. Valid and reliable information on the use and effects of chemicals is a key factor in the industry and not least within many regulatory agencies. The first initiative is the extension of social protection beyond the formal economy. A comparative analysis the protection of the investment made in collecting, verifying or presenting. Jan 21, 2008 the legal protection of databases a comparative analysis. Request for comments on intellectual property protection for artificial intelligence innovation. A critical evaluation of legal standards is my own work and that all the sources that i have used or quoted have been indicated and acknowledged by means of complete references.
The protection of databases by unfair competition in the. International reference to the legal protection of databases is found in. Legal protection of media and journalists freedoms 15 a. Library philosophy and practice ejournal libraries at. Protection for databases under law is provided under the concept of a compilation. A read is counted each time someone views a publication summary such as the title, abstract, and list of authors, clicks on a figure, or views or downloads the fulltext. Compilation s protect the collection and assembling of data or other materials. The author concludes with an evaluation of the proportionality principle and the application of data protection law to biometric data processing operations, mainly in the private sector. It is comparison of law, not really a field of substantive law. Provides news, analysis, and guidance and includes fulltext of state and federal statutes and regulations.
The need for new database protection standards stems from the unique ness of. A detailed legal comparative analysis is made of the situation in belgium, france and the netherlands. A comparative legal analysis, at a minimum, could help us understand the ways in which our current understanding of the concept in the united states succeedsand also failsto safeguard the right to be left alone. Institut fur europaisches medienrecht emr, media market definitions comparative legal analysis, study carried out on behalf of the european commission, dg comp, october 2003. Identification of environmentally relevant chemicals in. Monitoring innocenti targets on the protection, promotion and support of breastfeeding. Afkortingenlijst voor juridische tijdschriften free a free list of european legal abbreviations maintained by k. Regional comparative legal analysis protection project. Database protection and access issues, recommendations uspto. Land ownership and foreigners a comparative analysis of regulatory approaches page iii fao legal papers online december 1999 moreover, while every effort has been made to refer to the most recent accessible information on the subject, it has not always been possible to.
The article then provides a comparative analysis of s requirement of originality in the united states, united kingdom, and australia, followed by a brief look at sui generis protection under the european unions recent directive on the legal protection of databases. As previously described, this is because in the european economic area eea, many databases benefit from the legal protection conferred by database right. Stan abrams1 1 the views and opinions expressed in this paper are the sole responsibility of the author. It offers a comparative study of the position of law in protecting databases in the us and eu, while also. In the strict sense, it is the theoretical study of legal systems by comparison with each other, and has a tradition going back over a century. The gathering of knowledge obtained through comparative law can be a vital portal to a foreign culture. Various scientific approaches to the definition of trade secret have been investigated. One of the major legal instruments for personal data protection in the eu is the new general data protection regulation gdpr, which has entered into. Progress in the field of biomedical science has made it possible to obtain greater knowledge of the human genome and the nature of genetic disorders. The second of such hypotheses states that making them justiciable will, in turn, improve social rights. A guide to worldwide primary and secondary sources by radu d. All databases australasian legal information institute. In his conclusion, the author suggests three paths for the future evolution of the protection of databases at the international level. Rules for processing genetic data for research purposes in.
The constitutionalization of the right to social security. Comparative analysis of copyright protection of databases. The basis for granting legal protection to databases. Protecting databases in the eu after ryanair this paper discussed the current status quo of legal protection of databases after the ryanair case c3014.
The first of such hypotheses states that the inclusion of social rights in a given constitution makes them justiciable constitutionalization hypothesis. Share show less the legal protection of databases a comparative analysis estelle derclaye. Access these items alphabetically by title or by topic. Identification of the criterion determining adequate. Comparative analysis legal research was one of the first areas of scholarship to move into the electronic world, with the introduction of dialup terminals for searching case law in the 1970s. In part iii, the author provides a critical analysis of the effort to expand the legal protection of databases from both theoretical and empirical perspectives. The article provides a comparative analysis of the problem of protection of trade secret in ukraine and germany. The legal protection of databases, a comparative analysis. The report concludes with an overview of steps member states can take to facilitate the implementation of patient information systems. Comparative law paul norman reference and online services librarian, institute of advanced legal studies what is comparative law. The protection of databases by unfair competition in. In this paper the laws governing the protection of databases in europe and the united.
Such information growth has been accelerated by an increased ability to store, access and use data. Andy ramos, anxo rodriguez, tim meng, stan abrams and ms. Identification of the criterion determining adequate database protection. A comparative analysis the protection of the investment made in collecting, verifying or presenting database contents is still not harmonised. Adjunct professor of law and executive director, the protection project of the johns hopkins university school of advanced international studies sais singapore april 2527 2005.