Database Law: Perspectives from India

Author: Anirban Mazumder
Publisher: Springer-Verlag
ISBN: 9789811021992
Published In: September 2016
Format: Hardback
Jurisdiction: Singapore ? Disclaimer:
Countri(es) stated herein are used as reference only

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This book focuses on database law (a branch of intellectual property law) and further explores the legal protection currently available for data and data-related products in India. It offers a comparative study of the position of copyright law in protecting databases in the US and EU, while also presenting responses from the Indian database industry and its aspirations regarding the role of copyright law in database protection. India is undoubtedly leading the way as a knowledge economy. Its strengths are its information technology capability and its knowledge society, as well as its booming database industry - aspects that also necessitate the study of the role of law, as well as the protection of data and databases, in India. This book examines the growing importance of copyright law for protecting databases as well as for ensuring access in information societies. The book concludes with a discussion of key principles to be kept in mind in the context of drafting legal regimes for databases in India that will both benefit the database industry and ensure accessibility.

INTRODUCTION

Growth of Database Industry and its Need

CHAPTER 1: INFORMATION, PROPERTY & PROTECTION

1.1 Role of Information in Today's World

1.2 Justification for Protection

1.3 Changing Features of Property

1.4 Information as Property

1.5 Tangibility and Intangibility

1.6 Private and Public Interest

CHAPTER 2: COPYRIGHT, ACCESS & INFORMATIONSOCIETY

2.1 Copyright Protection and Public/Private Interest

2.2 Copyright and Access to Information

2.3 Copyright and Free Speech

2.4 Copyright and Incentive for Investment

2.5 Requirement of Originality in Copyright

CHAPTER 3: COPYRIGHT, DATA BASES & PROTECTION

3.1 Analysis of Copyright Law

3.1.1 Objectives of Copyright

3.1.2 Interpreting Originality in Copyright

3.1.3 Originality - Traditional Approach

3.1.4 Changing Notion of Originality

3.1.5 Traditional v. Modern Approach

3.1.6 Sweat of the Brow Doctrine

3.1.7 Rationale For Sweat Doctrine

3.1.8 Origin of Sweat Doctrine

3.1.9 Implication of Sweat Doctrine

3.1.10 Fall of Sweat Doctrine

3.1.11 Is Sweat Doctrine Still Valid ?

3.1.12 Fallacies of Sweat Doctrine

3.1.13 Application of the Sweat Doctrine in India

3.2 Impact on Copyright Law

3.3 Impact of the Feist Judgment on Copyright Law

3.4 Impact on Databases

3.5 Importance of Copyright in Protecting Databases

3.6 Position of Database v. Protection

3.7 Role of Competition Law in Maintaining Balance

CHAPTER 4: DATABASE PROTECTION - EUROPEANEXPERIENCE

4.1 Role of Database Directive in Protecting Database

4.1.1 Definition of Database

4.1.2 Substantial Investment

4.1.3 Creation, Extraction & Re-utilization

4.1.4 Exceptions

4.1.5 Term of Protection

4.2 Role of Database Directive in Limiting Monopoly

4.3 Evaluation of Database Directive

4.4 BHB Factor

CHAPTER 5: ABORTED AMERICAN ATTEMPTS

5.1 Definition of Database

5.2 Unauthorised Use

5.3 Investment

5.4 Infringement

5.5 Permitted Use

5.6 Penalty

5.7 Duration

5.8 Review

5.9 Comparison

5.10 Comments

5.11 Effects

5.12 Concluding Remarks

CHAPTER 6: INDIAN DATABASE INDUSTRY & LEGALREGIME

6.1 Indian Database Industry

6.2 Response of the Database Industry

6.3 Existing Legal Regime in India

6.3.1 Nineteenth Century

6.3.2 Twentieth Century

6.3.3 Twenty First Century

6.4 Principles for New Legislation

CONCLUSION

BIBLIOGRAPHY

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