Sui Generis Database Protection 2.0: Judicial and Legislative Reforms
SSRN, ISSN: 1556-5068
2022
- 4Citations
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Example: if you select the 1-year option for an article published in 2019 and a metric category shows 90%, that means that the article or review is performing better than 90% of the other articles/reviews published in that journal in 2019. If you select the 3-year option for the same article published in 2019 and the metric category shows 90%, that means that the article or review is performing better than 90% of the other articles/reviews published in that journal in 2019, 2018 and 2017.
Citation Benchmarking is provided by Scopus and SciVal and is different from the metrics context provided by PlumX Metrics.
Article Description
The Database Directive’s sui generis database protection is a unique policy experiment by the EU legislature carried out in the nineties. It aimed to incentivize investment in the making and improvement of databases in order to develop an EU information market. Since the two decades of its operation on the ground have not offered the most encouraging results, the European Commission is keen on reforming the tool within the context of its Data Act. Coincidentally, the Court of Justice of the European Union (CJEU) has recently issued a seminal judgment, CV Online Latvia v Melons, that also alters the trajectory of the protection. This article looks at criticisms of the protection, the way they were addressed by the CJEU, and what can be done by the European Commission in its upcoming reform efforts. The article, therefore, offers a glimpse into the next generation of sui generis database protection.
Bibliographic Details
Elsevier BV
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