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    STUDIA IURISPRUDENTIA - Issue no. 3 / 2009  
         
  Article:   PROTECTION OF DATABASES - THE SUI GENERIS RIGHT.

Authors:  .
 
       
         
  Abstract:  Member States’ national law, which had provided a different protection of databases according to their level of originality determined the adoption of a communitarian directive, namely the European Parliament and the Council Directive 96/9/EC of 11 March 1996 on the legal protection of databases. The scope of this directive was to ensure legal protection for the so called “non-original” databases (simple lists of information). However, ECJ did not change its jurisprudence after the directive, refusing legal protection for “non-original” databases, which fact curtailed significantly the scope of the provision, inducing legal uncertainty on the EU and national level as well.

Keywords: protection of databases, database legal protection, “spin-off” databases, “sweat of the brow” (doctrine, theory), “non-original” databases, sui generis right
 
         
     
         
         
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