Less is More? Protecting Databases in the EU after Ryanair

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Authors

MYŠKA Matěj HARAŠTA Jakub

Year of publication 2016
Type Article in Periodical
Magazine / Source Masaryk University Journal of Law and Technology
MU Faculty or unit

Faculty of Law

Citation
Web Open access časopisu
Field Law sciences
Keywords Database Protection; Copyright; Sui Generis Database Rights; Exceptions and Limitations; Contract Law; Ryanair case; C-30/14; Directive 96/9/EC
Attached files
Description This paper discusses the current status quo of legal protection of databases after the Ryanair case (C-30/14). The first part focuses on the subject matter, scope and limits of legal protection for databases according to the Directive 96/9/EC and the related relevant Court of Justice of the European Union case law. Next, it briefly discusses further possibilities of protection for databases not protected by the copyright and/or sui generis database rights. The second part analyses the recent decision of the Court of Justice of the European Union in the case Ryanair (C-30/14). The third part then discusses consequences of this decision with regards to potential monopolisation of synthetic data by contract. Conclusions are summed up in the final fourth part.
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