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데이터베이스의 기술적 특성과 효과적인 법적 보호 -현행 저작권법과 유럽지침을 중심으로-
Copyright Protection of Databases in the EU and Korea

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Authors
구대환
Issue Date
2006
Publisher
서울대학교 법학연구소
Citation
법학, Vol.47 No1 pp.243-282
Keywords
데이터베이스지침지적창작이론Feist 사건강제실시제도European Database DirectiveData base Management System기술적 보호수단Liability regime
Abstract
Information and databases are vital to science, the legal system, education and
so forth. Science and information technology rely immensely on unhindered
access to databases. Important issues exist in relation to the regulation of access
to databases. For example, current attempts to protect database by exclusive
proprietary rights, expanding the scope of intellectual property (IP) protection to
include uncopyrightable facts, will finally hinder the access to databases.
This article attempts to provide legislative direction that would provide limited
protection of databases and a return on investment as an incentive to create
databases. Thus, it tries to find a way to preclude essential scientific data from
privatising.
This article provides the legislative history of the European Database Directive.
By highlighting the similarity between, and problems of, the Directive and the
current Copyright Act, the author tries to justify introduction of basic principles
in an appropriate model for the legal protection of databases, that is based on
liability regime.
ISSN
1598-222X
Language
Korean
URI
http://lawi.snu.ac.kr/

http://hdl.handle.net/10371/9955
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College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) 법학법학 Volume 47, Number 1/4 (2006)
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