Program Schedules, Event Data and Telephone Subscriber Listings under the Database Directive – The ‘Spin-Off’ Doctrine in the Netherlands and elsewhere in Europe
Abstract
Seven years after the adoption of the EC Database Directive, the contours of the new database right remain difficult to draw, and shrouded in controversy. One of many crucial questions soon to be addressed by the European Court of Justice concerns the 'substantial investment' test. The Directive requires that such investment be made in the 'obtaining, verification or presentation of the contents' of the database. Does this mean that the investment must be aimed at producing a database, or can data compilations that are generated as mere 'spin-offs' of other activities, such as program schedules and event data listings, also benefit from sui generis protection?
Databankenrecht, Intellectuele eigendom
Bibtex
Presentation{nokey,
title = {Program Schedules, Event Data and Telephone Subscriber Listings under the Database Directive – The ‘Spin-Off’ Doctrine in the Netherlands and elsewhere in Europe},
author = {Hugenholtz, P.},
url = {http://www.ivir.nl/publicaties/download/spinofffordham.pdf},
year = {0616},
date = {2003-06-16},
abstract = {Seven years after the adoption of the EC Database Directive, the contours of the new database right remain difficult to draw, and shrouded in controversy. One of many crucial questions soon to be addressed by the European Court of Justice concerns the 'substantial investment' test. The Directive requires that such investment be made in the 'obtaining, verification or presentation of the contents' of the database. Does this mean that the investment must be aimed at producing a database, or can data compilations that are generated as mere 'spin-offs' of other activities, such as program schedules and event data listings, also benefit from sui generis protection?},
keywords = {Databankenrecht, Intellectuele eigendom},
}