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value of a proposed database to all markets—not just the ones that the owner happens to be in at any given time. Suzanne Scotchmer, “Standing on the Shoulders of Giants: Cumulative Research and the Patent Law,” Journal of Economic Perspectives (Winter, 1991), pp. 29-41.

137 Reichman and Samuelson, supra, at pp. 142-143.

138Id. at p. 143 and fn. 423.

139 Various commentators have suggested that initial start-up protection should be extended each time a database is updated. If the database has only been updated, it makes little sense to extend start-up protection a second time.

140Bits of Power, supra, at p. 166.

141 Reichman and Samuelson also suggest using an initial blocking period in which no databases could be copied. Reichman and Samuelson, supra, at pp. 145-146. This is conceptually identical to sui generis protection (Option 3) and will not be discussed further.

142Id. at pp. 146-150.

143Id. at p. 148.



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