Databasskydd

Sammanfattning: The capacity to assemble, store, and make available information in databases is ever growing. This development has accelerated in recent decades, driven by the advent and increased use of digital networks. Already at an early stage, it led to demands for legal protection of databases. In most countries databases have been protected in national legislation based on copyright principles. However, this kind of protection has been regarded as insufficient. The reason for this is that copyright protection only covers the selection or arrangement of the contents of the database. By rearranging the contents, it is possible to avoid liability for copyright infringement. To address the specific needs of producers of databases, the then European community adopted a directive in 1996 on the legal protection of databases. The Directive aims to harmonise copyright protection for databases and to introduce a new, sui generis, right for the legal protection of databases. The sui generis right protects the investments in obtaining, verifying, and presenting the contents in a database. The sui generis right has been described in the literature as one of the most complex intellectual property rights ever established. Its complexity resides in the unclear relationship between the requirements for protection and the content and scope of protection.This dissertation describes, analyses, compares and systematises the legal protection for databases as provided for in the EU Database Directive – both in relation to copyright and sui generis protection, but also in relation to the intellectual property system in general and principles and rules on unfair competition. The study also describes and analyses the Directive as implemented into Swedish law. To do this, it makes use of relevant legal sources, with particular account taken of relevant sources of EU law such as the Directive itself, adjacent directives in the field of copyright and related rights, as well as unfair competition law and the case law and legal method developed by the Court of Justice of the European Union. The study also draws on underlying theories of intellectual property protection and unfair competition law, as well as arguments based on unjust enrichment and pure economic loss.The study establishes how the sui generis right serves as a legal hybrid between traditional intellectual property rights and protection against unfair competition. The structure of the right resembles traditional intellectual property rights, with requirements for protection, provisions on exclusive rights, exceptions and limitations and a term of protection. At the same time, the content and scope of protection provide measures similar to those countering unfair competition with aspects of protection against pure economic loss. The right protects against certain activities carried out in the market rather than providing protection for a traditional object of intellectual property law. When implementing the Directive, the Swedish legislator overlooked these aspects of the sui generis right, creating legal uncertainties when interpreting and applying the national legislation. The study concludes with a look forward and suggestions for future research.