PROTECTING DATABASES – A CALL FOR REGULATION

Abstract

Legislators for intellectual property rights have traditionally balanced protection with user access to the protected property. In particular, information has been treated as deserving of wider access by users. Departure from these norms erodes the very justification for intellectual property rights. However, the combined effects of the sui generis database right and that for technological protection measures for electronic works introduced by the Database and Information Society Directives led to fears of monopoly powers over raw data and information and erosion of the traditional balances. The implementation and application of these measures in the UK and elsewhere appeared to confirm these fears. Given the opportunity to reverse these effects, both the European Court of Justice and the European Commission have failed to redress the balance. Consequently, urgent attention should be paid to control over regulation of database licensing.