Is the Sui Generis Right a Failed Experiment?

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Is the Sui Generis Right a Failed Experiment?

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dc.contributor.author Herr, Robin Elizabeth en_US
dc.date.accessioned 2009-02-04T10:28:20Z
dc.date.available 2009-02-04T10:28:20Z
dc.date.issued 2008-03-14T00:00:00Z en_US
dc.identifier.isbn 9788757418811 en_US
dc.identifier.uri http://hdl.handle.net/10398/7716
dc.description.abstract Controversial from its inception, the European Database Directive protects unoriginal contents in contrast to the United States where there is no statutory protection. Despite this extra incentive, empirical evidence seems to indicate that database production in the European Community remains largely unchanged while that in the United States is increasing, at least in the short term. Dissatisfaction with the Directive has sparked efforts to revise database protection policy, including by the European Commission. In order to determine the best method of regulation, three factors are explored in this Ph.D. thesis: the nature of the database industry, regulatory theories emanating from economic analysis of the law and the evidence offered by the US and EC protection regimes. A major insight that emerges is that the productive potential of secondary producers, what the author terms re-users, is being undervalued in Europe. A greater emphasis on access could harness their economic potential. However, this conclusion comes with a twist based upon the American experience. A reduction in statutory protection could result in a switch to production models that emphasize access. But it could also result in models that reduce access even more than at present. In order to ensure a productive future, rigorous monitoring and regulatory adjustment is in order. en_US
dc.format.extent 218 en_US
dc.language eng en_US
dc.relation.ispartofseries Ph.d.serie; en_US
dc.subject.other ph.d.-afhandlinger en_US
dc.title Is the Sui Generis Right a Failed Experiment? en_US
dc.type phd en_US
dc.accessionstatus modt08mar14 nijemo en_US
dc.contributor.corporation Copenhagen Business School. CBS en_US
dc.contributor.department Juridisk Institut en_US
dc.contributor.departmentshort JUR en_US
dc.contributor.departmentuk Law Department en_US
dc.contributor.departmentukshort LAW en_US
dc.idnumber 9788757418811 en_US
dc.publisher.city København en_US
dc.publisher.year 2008 en_US
dc.title.subtitle A Legal and Theoretical Exploration of How to Regulate Unoriginal Database Contents and Possible Suggestions for Reform en_US


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