Open Access and the Public Domain in Digital Data and Information for Science Proceedings of an International Symposium (2004) / Chapter Skim
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7 Database Protection in Countries of the South
7 Database Protection in Countries of the South
Pages 24-28
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From page 24... ...
Second, this presentation will not be a legal primer or explanation of the domestic laws covering databases in various countries of the South. Rather, the focus will be decidedly global and international and will examine particularly the database protections that such countries have become obliged to enforce within their own borders, namely intellectual property rights belonging to non-nationals who are foreign database owners situated in relatively rich developed northern countries, primarily those in Europe and the United States.
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From page 25... ...
Here again, intellectual property issues should be appreciated as setting the context for public domain and access issues. Under the terms of the agreement on Trade-Related Aspects of Intellectual Property, better known as the TRIPS agreement, computer software is protected as a literary work under the leading global international copyright regime, the Berne Convention.
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From page 26... ...
The overprotection of intellectual property rights is not, however, viewed as trade distorting. The 1996 WIPO Copyright Treaty, currently ratified by 40 countries including countries of the South, also contains copyright protection for compilations of data or other material in any form, whether digital or not, and which, by reason of the originality of the selection or arrangement, constitute intellectual creations.
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From page 27... ...
Would we want to endorse discriminatory treatment of foreign databases within a particular national jurisdiction? If, for example, we were drafting new copyright or database legislation for a country such as Egypt, would we want to say that databases generated in Egypt should receive preferential treatment and protection within Egypt or, conversely, more or less open access compared with databases created in the United States or the European Union?
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From page 28... ...
1997. Intellectual Property Law: Copyright, Patents, Trade-marks 270, Irwin Law, Concord, Ontario, Canada.
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