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Full-Text Articles in Transnational Law
Regulating Access To Databases Through Antitrust Law, 2006 Stan. Tech. L. Rev. 7 (2006), Daryl Lim
Regulating Access To Databases Through Antitrust Law, 2006 Stan. Tech. L. Rev. 7 (2006), Daryl Lim
UIC Law Open Access Faculty Scholarship
It is largely uncontroversial that the “creative” effort in a database will be protected by copyright. However, any effort to extend protection to purely factual databases creates difficulties in determining the proper method and scope of protection. This Paper argues that antitrust law can be used to supplement intellectual property law in maintaining the “access-incentive” balance with respect to databases. It starts from the premise that a trend toward “TRIPs-plus” rights in databases, whatever its form, is inevitable. The reason is a simple, but compelling one: business needs shape the law. Various means of database access regulation are explored and …
Regulating Access To Databases Through Antitrust Law, Daryl Lim
Regulating Access To Databases Through Antitrust Law, Daryl Lim
Faculty Scholarly Works
It is largely uncontroversial that the “creative” effort in a database will be protected by copyright. However, any effort to extend protection to purely factual databases creates difficulties in determining the proper method and scope of protection. This Paper argues that antitrust law can be used to supplement intellectual property law in maintaining the “access-incentive” balance with respect to databases. It starts from the premise that a trend toward “TRIPs-plus” rights in databases, whatever its form, is inevitable. The reason is a simple, but compelling one: business needs shape the law. Various means of database access regulation are explored and …