Ali Nasehi; Hasan Mahdaviyan
Volume 6, Issue 1 , September 2017, , Pages 50-60
Abstract
Abstract
Databases can be a valuable commercial assets and the law protects them in two ways: under the law of copyright and the IP sui generis rights. The originality requirement for a database means that some databases are not protected under copyright even if substantial investments ...
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Abstract
Databases can be a valuable commercial assets and the law protects them in two ways: under the law of copyright and the IP sui generis rights. The originality requirement for a database means that some databases are not protected under copyright even if substantial investments have been made to produce them; and it has been discussed whether such investments should also be protected, for example, by a sui generis right. There may have been considerable effort in the creation of a database. This effort is known in intellectual property law as the sweat of the brow. Database rights specifically protect this effort and investment; and investment includes any investment, whether of financial, human or technical resources. A sui generis database right is considered to be a property right, comparable to but distinct from copyright, and exists to recognize the investment that is made in compiling a database, even when this does not involve the creative aspect that is reflected by copyright. In this article, after analyzing the concept and necessity of establishing an IP sui generis protection and its history in the field of non-original databases, had surveyed its elements in international and national level. As a result, establishment of this protection is necessary to determine the rights and duties in this area and eliminate ambiguities and uncertainties.
