Database Law - Mazumder, Anirban

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Résumé :
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 draftinglegal regimes for databases in India that will both benefit the database industry and ensure accessibility.

Biographie:
Mr. Anirban Mazumder, a graduate of Calcutta University, received his LL.B. from Burdwan University. He went on to complete his LL.M. at the National Law School of India University, Bangalore, and his M Phil at the National University of Juridical Sciences, Calcutta. He has been awarded a Ph.D. by the National University of Juridical Sciences, Calcutta. He specializes in Intellectual Property Law and Information Technology Law, teaching both subjects at the undergraduate and graduate levels. Mr. Mazumder, a Fellow of the Max Plank Institute for Intellectual Property, Munich, has been a Visiting Scholar at the Touro Law School, New York University, and Cardiff University. He has also been a Cegla Scholar at Tel Aviv University, Israel.He is the Principal Investigator in both a UGC Major Research Project and a Judicial Academy Project, and is a Visiting Professor at the West Bengal University of Technology and International Management Institute. Dr. Mazumder is one ofthe members of the Expert Committee on Utility Model, constituted by the Department of Industrial Policy and Promotion, Ministry of Commerce, Govt. of India. He is also a member of the Copyright Enforcement Advisory Council, constituted by the Ministry of Human Resource Development....

Sommaire:
INTRODUCTIONGrowth of Database Industry and its NeedCHAPTER 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 & INFORMATIONSOCIETY2.1 Copyright Protection and Public/Private Interest2.2 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 INTRODUCTIONGrowth of Database Industry and its NeedCHAPTER 1: INFORMATION, PROPERTY & PROTECTION? ?1.1 Role of Information in Today?s World1.2 Justification for Protection1.3 Changing Features of Property1.4 Information as Property1.5 Tangibility and Intangibility1.6 Private and Public InterestCHAPTER 2: COPYRIGHT, ACCESS & INFORMATIONSOCIETY2.1 Copyright Protection and Public/Private Interest2.2 Copyright and Access to Information2.3 Copyright and Free Speech2.4 Copyright and Incentive foCHAPTER 3: COPYRIGHT, DATA BASES & PROTECTION ? ? ? ? ?? 3.1 Analysis of Copyright Law3.1.1 Objectives of Copyright 3.1.2 Interpreting Originality in Copyright3.1.3 Originality ? Traditional Approach3.1.4 Changing Notion of Originality3.1.5 Traditional v. Modern Approach3.1.6 Sweat of the Brow Doctrine 3.1.7 Rationale For Sweat Doctrine ? ? ? ??3.1.8 Origin of Sweat Doctrine3.1.9 Implication of Sweat Doctrine3.1.10 Fall of Sweat Doctrine3.1.11 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 BalanceCHAPTER 4: DATABASE PROTECTION ??EUROPEANEXPERIENCE4.1 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 & LEGALREGIME6.1 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 LegislationCONCLUSION BIBLIOGRAPHY