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The European Commission's first evaluation of the 1996 Database Directive was released just before Christmas, and could, we hope, open up debate on this "monopolists' charter" in the coming year.
The original directive established a new pan-European "sui generis" protection, allowing database publishers to claim intellectual property rights over their content. It was touted, at the time, as being a potential stimulus to competition.
In fact, the EC has found the opposite has happened. In the US, where no such rights exist, competition among database suppliers is more intense than in Europe. The EC is now in the process of consulting "stakeholders" - that is, asking database publishers what they think. Of course, there will be a clamour of intense industry support. The turkeys won't vote for Christmas.
But the EC has suggested four ways forward - repeal the directive, abolish or amend sui generis, or maintain the status quo. IWR thinks the industry would be better served by some change - the last option ...
Source: HighBeam Research, Editor's View - Directive needs revision.(Editorial)