Limits to database protection: Fair use and scientific research exemptions

Abstract

A trend running diametrically opposed to the expansion of Intellectual Property Rights (IPR) is the increasing awareness that dominant positions sustained by IPR may be mitigated through exemptions and statutory or compulsory licences. It is argued that there are compelling economic reasons to protect valuable assets that are prone to copying, but that there are equally compelling reasons to limit monopolistic claims and stimulate cross-licensing practices. Compulsory licensing may serve as a stimulus to the bargaining process with private parties and research institutions alike. Another important category of information is public sector information. Access to information has become a concern and the European Commission has followed up on its Green Paper on Public Sector Information in the Information Society, with a Directive implementing its vision on affordable access for all and exploitation potential. The right of access to information may be enforced through the European Convention on Human Rights. It not only guarantees the freedom of speech, it also recognises the freedom to receive information.

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