Database Law (eBook)

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 of the 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.

INTRODUCTIONGrowth of Database Industry and its NeedCHAPTER 1: INFORMATION, PROPERTY & PROTECTION    1.1 Role of Information in Today’s World1.2 Justification for Protection 1.3 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 for Investment2.5 Requirement of Originality in CopyrightINTRODUCTIONGrowth 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 Law3.1.1Objectives of Copyright3.1.2Interpreting Originality in Copyright3.1.3Originality – Traditional Approach3.1.4Changing Notion of Originality3.1.5Traditional v. Modern Approach3.1.6Sweat of the Brow Doctrine3.1.7Rationale For Sweat Doctrine         3.1.8Origin of Sweat Doctrine3.1.9Implication of Sweat Doctrine3.1.10Fall of Sweat Doctrine3.1.11 Is Sweat Doctrine Still Valid?3.1.12 Fallacies of Sweat Doctrine3.1.13 Application of the Sweat Doctrine in India3.2Impact on Copyright Law3.3Impact of the Feist Judgment on Copyright Law3.4 Impact on Databases3.5 Importance of Copyright in Protecting Databases3.6 Position of Database v. Protection3.7 Role of Competition Law in Maintaining BalanceCHAPTER 4: DATABASE PROTECTION – EUROPEANEXPERIENCE4.1 Role of Database Directive in Protecting Database4.1.1 Definition of Database 4.1.2 Substantial Investment4.1.3 Creation, Extraction & Re-utilization4.1.4 Exceptions4.1.5 Term of Protection 4.2 Role of Database Directive in Limiting Monopoly4.3 Evaluation of Database Directive 4.4 BHB Factor CHAPTER 5: ABORTED AMERICAN ATTEMPTS5.1 Definition of Database5.2 Unauthorised Use5.3 Investment5.4 Infringement5.5 Permitted Use5.6 Penalty5.7 Duration5.8 Review5.9 Comparison5.10 Comments5.11 Effects5.12 Concluding RemarksCHAPTER 6: INDIAN DATABASE INDUSTRY & LEGALREGIME6.1 Indian Database Industry6.2 Response of the Database Industry6.3 Existing Legal Regime in India6.3.1 Nineteenth Century6.3.2 Twentieth Century 6.3.3 Twenty First Century 6.4 Principles for New LegislationCONCLUSIONBIBLIOGRAPHY