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Provisional
Agenda
Why
This Workshop?
The
2001 review of the European Directive on the Legal Protection
of Databases offers an opportunity for the European scientific
community
- to understand the
importance of traditional, full and open data access for science
in Europe and on the worldwide stage
- to understand all
the issues involved and the impact of the Directive on research
- to develop collectively
responses reflecting the needs of their disciplines and countries
- to be prepared to
make substantive inputs when requested
The twin revolutions
now taking place in computer networking (the Internet) and information
technology have challenged the existing framework of intellectual
property rights. While new technology opens exciting dissemination
possibilities, the traditional publishing industry believes it
is threatened by a loss of control to its intellectual property
rights (IPR). Often lost in the debate is the role that full and
open data access plays in maintaining the vitality and effectiveness
of scientific research.
The original passage
of the European Directive on the Legal Protection of Databases
came as a surprise to scientists and scientific groups all around
the world. If the Directive were fully implemented and individual
European countries passed conforming laws without traditional
fair use protection, the way science is now practised could be
seriously harmed.
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The
Importance of Data Access for Science and Technology in the
21st Century
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The EC Directive on the Legal Protection of Databases: Overview
of Key Questions
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Implementation
of Database Legislation in the EU and Plans for Review
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Concerns Regarding Potential Impacts of the EU Directive on
S&T
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Legal Developments at the World Intellectual Property Organisation
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Current Status of Database Legislation in the US
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Development of Database Protection in Japan
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Database Development in the Developing World
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The Experience of Different EU Countries: Case Examples of
how Database Protection may negatively affect the Science
Community
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Summary of key issues for S&T Research for the 2001 Review
of the Directive
ICSU/CODATA Ad
hoc Group on Data and Information
The Committee on Data
for Science and Technology (CODATA), established by the International
Council for Science (ICSU), is an international scientific organization
dedicated to improving the quality, reliability, management and
accessibility of data of importance to all fields of science and
technology.
In 1997 the ICSU/CODATA
Ad hoc Group on Data and Information was established by
the Executive Board of ICSU. This Group has been active in addressing
the problems and identifying possible solutions for organizations
and individuals concerned with scientific data access.
ICSU and CODATA have
worked closely together to develop a position
paper on data access. The group has been successful in
articulating the need for and importance of full and open access
to scientific data as national and international laws and treaties
for cyberspace are developed.
The European Directive
on the Legal Protection of Databases, 96/9/EC
The Directive was adopted
by the Council of the European Communities and the European Parliament
in 1996. Member States were to implement the Directive in their
respective jurisdictions by 1 January 1998.
In 2001 the Commission
is to submit to the European Parliament, the Council and the Economic
and Social Committee a report on the application of the Directive
on the basis of information supplied by member states.
Where necessary, the
Commission will submit proposals for adjustment of the Directive
in line with developments in the area of databases.
Implications of the
Directive from a Science and Technology Focus
- It creates an unprecedented,
absolute exclusive property right in the contents of databases
that contradicts the underlying premise of classical intellectual
property law that says that no one should own factual data as
such
- It relies on a broad
and inclusive definition of databases that potentially covers
almost everything on the Internet
- It conveys an exclusive
property right in the content of all databases even if they
fail to qualify for copyright protection. This right lasts for
an initial period of 15 years and can be extended indefinitely
whenever updates or substantial investments are added
- It has no requirement
for public-interest exceptions (individual member states have
the discretion to adopt some limited exceptions when implementing
the Directive)
- As an exception,
member states may allow “fair use” provisions for science and
education. Not all member states have enacted such exceptions
- It provides for
no mandatory legal licenses that would require sole source providers
to make data available on reasonable terms and conditions
- It contains a reciprocity
clause that denies equal protection under the law in Europe
to foreign data vendors, unless their respective nations have
adopted similar laws for protecting databases
- It establishes the
potential of strong penalties for infringement
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