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The legal protection of databases: current situation of the international harmonisation process

J. Carlos Fernández‐Molina
2004 ASLIB Proceedings  
This paper analyses the situation at the present point of the long, heated process of harmonising the legal protection of databases.  ...  After more than a decade of intense debate about the need to give or not give additional protection to nonoriginal databases, and about the most appropriate model to follow, international consensus is  ...  The objective of the present paper is to appraise the current status of this long and complex process of trying to harmonise the legal protection of databases.  ... 
doi:10.1108/00012530410570363 fatcat:zyxqohneuvelnbbxop4d3vzfsu

THE LEGAL PROTECTION OF DATABASES

Viorel ROŞ
2016 Challenges of the Knowledge Society  
The lawmaker chose the protection by means of copyright and sui generis right, based on the originality or lack thereof. Below we shall address these means of protection.  ...  These are the reasons for which the efforts for creating databases should be compensated by specific means of protection, which ensure both the investment recovery and the expected return and encourage  ...  The adoption of (EC) Directive no. 9/1996 on the legal protection of databases (whose statement of reasons established their importance for the international market, trade and industry and drew attention  ... 
doaj:45bbd9cb6bcd4d43ae83f1dc8043e6cb fatcat:tzad52a2ingztotn6ktp4oqioa

Legal update: Legal protection for databases in Europe: The vexed question of whether US businesses can benefit

Ewan Nettleton, Harjinder Obhi
2004 Journal of Database Marketing & Customer Strategy Management  
Database right thus provides an extra level of legal protection over and above any copyright or patent protection in the database or its contents.  ...  Abstract Databases created in the USA have less legal protection than those made in Europe.  ...  ANOTHER FLY IN THE OINTMENT -NATIONAL LAWS OF EUROPEAN MEMBER STATES One of the aims of the Directive was to harmonise the legal protection of databases throughout the member states of the EU.  ... 
doi:10.1057/palgrave.dbm.3240226 fatcat:h5tsh32u4bcs3m4ppjbl45wrfi

The legal construction of privacy and data protection

Raphaël Gellert, Serge Gutwirth
2013 Computer Law and Security Review  
We have therefore tried to see if, when applied to a same situation, they produce the same legal outcome (in terms of legality of the situation).  ...  In other words, given the current state of legislation, body scans provide for a situation wherein the processing of intrinsically privacy-sensitive data might, if anonymized, escape to the reach of data  ... 
doi:10.1016/j.clsr.2013.07.005 fatcat:xgamjmjy6revto3alm7dellp2i

The 'Europeanisation' of Data Protection Law

Orla LYNSKEY
2016 Cambridge Yearbook of European Legal Studies  
While this agency will ensure the 'Europeanisation' of data protection law, given the nature and the extent of this Board's powers, it marks another significant shift in the EU's agency-creating process  ...  regarding the national law applicable to a data processing operation and the national authority responsible for enforcing the data protection rules.  ...  internal market policy, its legal basis has now been decoupled from the internal market and it is recognised as a fundamental right in the EU legal order.  ... 
doi:10.1017/cel.2016.15 fatcat:niha7nndgjd57jyetjajbgd6wu

DECONSTRUCTING DATA PROTECTION: THE 'ADDED-VALUE' OF A RIGHT TO DATA PROTECTION IN THE EU LEGAL ORDER

Orla Lynskey
2014 International and Comparative Law Quarterly  
Secondly, the current lack of consensus in EU jurisdictions regarding the relationship between these rights jeopardises the harmonised application of EU data protection rules.  ...  databases, these data protection rules also reinforce the vulnerable architecture of such databases thereby reducing the risk of identity theft.  ... 
doi:10.1017/s0020589314000244 fatcat:jjmzu6an4veiticwrpmktamfvi

The New European Legal Framework on Personal Data Protection and the Legal Status of Biological Samples and Biobanks for Biomedical Research Purposes in Spanish Law [chapter]

Carlos M. Romeo-Casabona
2021 Law, Governance and Technology Series  
For Precision Personalised Medicine the support of biobanks is also a very important tool.In relation to the protection of personal data, Spain has quickly implemented and adapted its internal laws to  ...  the GDPR through its new Organic Act 3/2018 of 5 of December on Protection of Personal Data and guarantee of digital rights.  ...  It is certain that the new internal legal regime, with the support of the GDPR, will decisively facilitate biomedical research which requires the processing of personal data and human biological samples  ... 
doi:10.1007/978-3-030-49388-2_20 fatcat:mwjyrv4dx5bh5p3ppdupgvu46q

Protecting privacy in automated transaction systems: A legal and technological perspective in the European Union

Faye Fangfei Wang, Nathan Griffiths
2010 International review of law computers & technology  
This paper will discuss the current legal framework of ePrivacy protection in the European Union (EU), examine the state-of-the-art technologies for service-oriented computing, evaluate practical obstacles  ...  can be captured on the Internet without a physical presence in the location where the data is situated.  ...  One way to achieve legal certainty and predictability is through international harmonisation.  ... 
doi:10.1080/13600861003748243 fatcat:e34uxt4vdrfovlwi46nstpcgdq

European Legal Protection of Employees' Health Working with Nanoparticles in the Context of the Christian Vision of Human Work

Maciej Jarota
2021 NanoEthics  
The publication presents a Christian vision on the protection of workers' health and their place in the work process. Europe has been under the influence of Christianity for many centuries now.  ...  Should such action be limited to situations where studies indicate the toxicity of the nanomaterials present in the working environment?  ...  Therefore, in certain situations employers should block or abandon the release of nanoparticles in the work process.  ... 
doi:10.1007/s11569-021-00383-x fatcat:4tzqwv2nhbd2znp4oze5qg7dvy

Study on the Protection of the Rights and Interests of Legal Persons with Regard to the Processing of Personal Data Relating to Such Persons

Douwe Korff
2008 Social Science Research Network  
(c) harmonisation The situation in which some, but not all, Member States extend a measure of data protection to legal persons, in certain areas, is clearly problematic.  ...  The stated aim of the current Law is "to protect natural and legal persons against the wrongful [missbräuchliche] use of personal data", in the collection, storing and automated processing of such data  ...  effect on the internal market i. introduction It was shown in the previous section that the application of national data protection laws and -provisions to "legal persons" by some, but not all, of the  ... 
doi:10.2139/ssrn.1288583 fatcat:k2mzc2guzfhopp7zoymxqvtwpu

Legal Protection of Technological Measures Protecting Works of Authorship: International Obligations and the US Experience

Jane C. Ginsburg
2005 Social Science Research Network  
The ongoing transposition of the EU Information Society Directive's requirement that member States adopt of legal prohibitions of the circumvention of technological protections of works of authorship occasions  ...  This article addresses the scope of international obligations the WIPO Copyright Treaties impose on member States to protect against circumvention, as well as the US experience with the Digital Millennium  ...  Subject matter and scope of the international obligation Article 11 of the WCT provides: Contracting Parties shall provide adequate legal protection and effective legal remedies against the circumvention  ... 
doi:10.2139/ssrn.785945 fatcat:km3flopbozaajabxlfs7tzywvq

THE REGULATION AND PROTECTION OF CHILDREN'S RIGHTS IN KOSOVO FROM A LEGAL ASPECT

Bedri Bahtiri, Islam Qerimi
2019 Pravni Vjesnik  
Thus, the legislation needs to be reformed and harmonised with best international standards and practices, which is also currently happening in Kosovo.  ...  In Kosovo, children and young people account for 60 per cent of the population. 1 Therefore, it is of crucial importance to invest in the protection and promotion of their rights, regardless of whether  ...  THE LEGAL SITUATION IN THE REPUBLIC OF KOSOVO The legal basis that regulates the protection of children's rights in the Republic of Kosovo is its Constitution but also directly applicable international  ... 
doi:10.25234/pv/7465 fatcat:34sqhfgvnfhm3lvont4dgu2ebe

Invasive Alien Species and the Protection of Biodiversity: The Role of Quarantine Laws in Resolving Inadequacies in the International Legal Regime

S. Riley
2005 Journal of environmental law  
AND THE PROTECTION OF BIODIVERSITY FROM IAS 3.4.1 The Current International Quarantine Regimes and the Protection of Biodiversity from IAS 3.4.2 State Practice in Quarantine Regulation for the Protection  ...  71 2.1.2 Rationale for Protection of Biodiversity 2.1.3 Historical Development of International Law and Biodiversity 2.1.4 Current International Law and Biodiversity 2.2 INTERNATIONAL LAW AND THE PROTECTION  ...  Current International Law and the Protection of Biodiversity International obligations to protect biodiversity derive from a number of sources including customary international law and treaty law.  ... 
doi:10.1093/jel/eqi028 fatcat:4p6hiphbaffhniftmxfhq4236e

New Ideas on Constructing the Legal Protection System of Minors' Sexual Rights in China

2022 Journal of Social Science and Humanities  
In the context of social transition, it should be a realistic demand for the current protection of minors' sexual rights to study the legal protection of minors' sexual rights, establish the civil rights  ...  At present, although the legal research results on the protection of sexual rights of minors in China are fruitful, they lack foresight, systematization and theoreticality.  ...  Legal Status and Issues in the Protection of the Sexual Rights of Minors Current Sources of Law and Composition of the System At present, China's legal provisions on the protection of minors' sexual  ... 
doi:10.53469/jssh.2022.4(05).36 fatcat:rwoqrpf2kvhfpknudohkvtrj6y

Creative Approaches to the Creation of Contemporary Art Objects and Features of their Legal Protection

Nataliia M. Myronenko, Department of Directorate, Scientific Research Institute of Intellectual Property, National Academy of Legal Sciences of Ukraine, Kyiv, Ukraine, Olena O. Shtefan, Yuliia O. Kedia, Olha B. Derkach, Kateryna O. Semeniuk
2020 International Journal of Criminology and Sociology  
The article, based on the analysis of international legal acts and national legislation, highlights the elements of protection of works.  ...  of the legal protection of such objects.  ...  The idea of creating a work, from which the creative process begins, is not the subject of legal science and is not subject to legal protection, but until then it will not be presented in a form that allows  ... 
doi:10.6000/1929-4409.2021.10.45 fatcat:fquhcd7wnrayljkleo6aiisnpu
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