Rights on Databases and Technological Measures – Topical Problems of the Information Society

Albena Dobreva – University of National and World Economy, Law Faculty, 1700, Student town, Sofia, Bulgaria

Abstract: Technological measures entered into a mode of harmonization in the European legal space with Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonization of certain aspects of copyright and related rights in the information society. In Art. 6, para. 3, these measures, in the field of intellectual property better known as technological protective measures (TPM), were expressly intended, including for the sui generis right provided for in Chapter III of Directive 96/9/EC. The following analysis considers the forms of manifestation, dynamics, harmonization issues, and bottlenecks in the application of technological measures to intellectual property objects with an emphasis on databases. A handful of selected examples from EU case law and technical literature help to make visible the conflict between the technological and the legal, and sometimes between them and the fair, the expected and the reasonable. Such examples are like labels that the reinforce feeling of that contradictory union that gave birth to the expression “L’union de l’aveugle et le paralytique.” The analysis allows some conclusions, the aim of which is to contribute to the assessment of the effect of the application of the technological measures defined in the InfoSoc Directive, taking into account the nature and application of this protection, including on the digital databases rights in the current historical moment.

10th International Scientific Conference ERAZ 2024 – Conference Proceedings: KNOWLEDGE BASED SUSTAINABLE DEVELOPMENT,  hybrid – online, virtually and in person, Lisbon, Portugal, June 6, 2024

ERAZ Conference Proceedings published by: Association of Economists and Managers of the Balkans – Belgrade, Serbia

ERAZ conference partners: Faculty of Logistics, University of Maribor, Maribor (Slovenia); University of National and World Economy – UNWE, Sofia (Bulgaria); Center for Political Research and Documentation (KEPET), Research Laboratory of the Department of Political Science of University of Crete (Greece); Institute of Public Finance – Zagreb (Croatia); Faculty of Tourism and Hospitality Ohrid, University of St. Kliment Ohridski from Bitola (North Macedonia)

ERAZ Conference 2024 Conference Proceedings: ISBN 978-86-80194-86-8, ISSN 2683-5568,

DOI: https://doi.org/10.31410/ERAZ.2024

Creative Commons Non Commercial CC BY-NC: This article is distributed under the terms of the Creative Commons Attribution-Non-Commercial 4.0 License (https://creativecommons.org/licenses/by-nc/4.0/) which permits non-commercial use, reproduction and distribution of the work without further permission. 

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