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2016, vol. 54, iss. 7-9, pp. 497-516
The related right's protection of databases: The main or the additional mode of protection
nema
Keywords: databases; right of producer of database; copyright; unfair competition rules; contractual protection
Abstract
This paper analyzes the related right's protection of databases in the Serbian law, tries to ascertain its actual scope and to determine could it, i.e. should it represent the main and/or the additional mode of protection of databases. The paper is divided into two parts. In the first part the main issues in connection to the related right's protection of databases are presented and is indicated on ambiguity of the provisions of the law by which the subject protection has been foreseen. In the second part other most common modes of protections are presented, in particular: copyright, unfair competition rules, contracts, as well as technological measures and electronic rights management information. The analysis shows that in accordance with the national laws, that principally protect the interest for investments in development of databases, the related right's protection should represent the main mode of protection of databases. However, considering the legal ambiguity of its scope and non-existence of the relevant court practice, the related right's protection of databases does not guarantee adequate level of the legal certainty, thus as solution the use of related right's protection along with others modes of protection, as the main, and the additional mode of protection as well, is proposed.

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article language: Serbian
document type: unclassified
published in SCIndeks: 15/07/2016

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