PROTECTING DATABASES – A CALL FOR REGULATION

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

Trends in Intellectual Property Rights to Genetically Modified Agricultural Products (exemplified by legislation of Ukraine)

Genetically modified agricultural products (hereinafter-GMAPs) are produced based on genetic resources (hereinafter - GRs), which could be treated as valuable ecological (for functioning of the ecosystem) and economic (for social development) resources. They are identified as part of the environment and commercialized particles/processes of nature with implementation of the UN Convention on Biological Diversity, 1992 (hereinafter - CBD), and the Agreement on Trade Related Aspects of Intellectual Property Rights of the World Trade Organization, 1994 (hereinafter - TRIPS), respectively. The international community faces new challenges in establishing legal regimes for GMAPs, based on the principles of fairness, equality, ensuring of private property, and precautionary principle. This thesis examines implementation of CBD and TRIPS (as regards IPRs to GMPs) in developing countries (Ukraine is taken as an example). The legal framework on IPRs to GMAPs in Ukraine is analyzed together with socio-economic factors that affect its efficiency. The thesis also investigates legal nature and social functions of patenting as one of the disputable types of IPRs to GMAPs. Finally, consideration is given to the potential of GR management at the national level. Theoretical approach is combined with practical examples of genetic resource management. That combination helps to identify obstacles in the development of genetic resource management, analyze the effectiveness of the existing legal rules, and understand the trends in IPRs to GMAPs. Some recommendations to improve the legal regime of IPRs to GMAPs in Ukraine are formulated. This master thesis employs the method of qualitative analysis, investigating the general issues on environmental and trade regimes of GRs, and the conditions of compliance of Ukraine with appropriate international and European requirements. Discourse analysis is used to identify points of view and issues which shape debates about IPRs to GMAPs. An interview clarifies the Russian legal perspective on GRs.M-IE

Exploring flexibilities within the international copyright system for teaching, research and study

This copy of the thesis has been supplied on condition that anyone who consults it is understood to recognise that its copyright rests with the author and that no quotation from the thesis, nor any information derived therefrom, may be published without the author‘s prior, written consent. i In the digital era, many people are still denied opportunities for equitable acquisition and sharing of knowledge and information, for instance when accessing materials necessary for teaching, research and study in universities. One factor that contributes to this problem arises from the extent to which copyright restrictions and limitations differ from one country to another. This study analyzes whether the international copyright exceptions facilitate or hinder teaching, research and study, particularly in respect of legal education in universities. It was found that the exceptions available in the international treaties is purposely couched in an abstract terms leaving the matter mostly for countries t

Digital Rights Management: problemi teorici e prospettive applicative

In Italy people is well aware of the fact that Digital Rights Management (DRM) is a fundamental and transversal topic in the digital rights era. DRM is key topic because it represents a decisive hub in the issues related to information and knowledge circulation. It is transversal, too, since it cuts horizontally various legal fields (such as intellectual property, license, personal data protection and protection of competition) and because it involves different kinds of knowledge (information science, economics and law). DRM is the expression of a strict and centralized control of information that tends to reproduce in the digital context the logic of prerogative, central point of author’s rights. People convinced that this kind of information control is not enough should read the document, to find new ideas to reconsider the topic

Challenges to information retrieval - a global solution?

Monopolies over raw information, particularly sole-source information, could have serious implications. The European sui generis database right illustrates the potential for such a monopoly. This paper also seeks to demonstrate that this is also a wider issue. Technology can facilitate almost total access to digitally stored information, but paradoxically the law has been developing a potential to give right owners the capacity to control that access. This is an aspect of both the Digital Millennium Copyright Act and the Copyright in the Information Society Directive. Leaving any 'right' of access to the laws of competition may be an inadequate response to the protection/access conundrum at the heart of copyright law. Three other mechanisms might be employed: compulsory licences, a 'copy-duty', or expanded exceptions to copyright and database right. The current review of the Database Directive by the Commission seems unlikely to reconsider the application of compulsory licences to the right. Modifying the rights' exceptions may better facilitate a carefully tailored balance between protection and justifiable access. This paper suggests a WIPO Information Treaty and Tribunal (incorporating the results of WIPO commissioned studies) to address these issues. It could be a positive and cohesive strategy globally, harmonizing the means of access to information without eroding incentives for collating that data