Problems of Databases Legal Protection: Comparative Study
Dr. Mohammad Hasan Abdullah
Assistant Professor of Civil Law – College of Law – Ajman University of Ajman – UAE
Abstract:
The study focuses on the problems faced by the protection of databases in the comparative law system and the copyright law represented by the uneven protection provided to the databases. The EU tries to solve this problem by trying to unify the provisions of protection by the copyright law and to establish a new protection system to protect databases that do not meet the protection requirements of the copyright law but embodies a measure of financial, human or technical investment in its creation.
The researcher used the comparative analytical approach in studying the provisions of copyright legislation related to the new provisions of special protection. The research aims to find an acceptable approach to amend the provisions of some copyright legislation regulations in the comparative legal system to accommodate different types of collections, including databases.
In the course of the research, we found that the new provisions on special protection did not constitute a solution, but added new problems related to the interpretation of the provisions of this protection and the contradiction of judicial applications.
We concluded that this protection should be dispensed with the amendment of the provisions of the copyright laws to suit different types of databases.
Keywords: Database creator, innovation, core investment, incidental databases.