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United States still no closer to database legislation

McBratney, Amanda (2000) United States still no closer to database legislation. European Intellectual Property Review, pp. 366-372.

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Abstract

Last year European Intellectual Property Review published an article comparing the latest version of the proposed US database legislation, the Collections of Information Antipiracy Bill with the UK's Copyright and Rights in Database Regulations 1997. Subsequently a new US Bill, the Consumer and Investor Access to Information Act has emerged, the Antipiracy Bill has been amended and much debate has occurred, but the US seems no closer to enacting database legislation. This article briefly outlines the background to the US legislative efforts, examines the two Bills and draws some comparisons with the UK Regulations. A study of the US Bills clearly demonstrates the starkly divided opinion on database protection held by the Bills' proponents and the principal lobby groups driving the legislative efforts: the Antipiracy Bill is very protective of database producers' interests, whereas the Access Bill is heavily user-oriented. If the US experience is any indication there will be a long horizon involved in achieving any consensus on international harmonisation of this difficult area.

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ID Code: 33080
Item Type: Journal Article
Additional Information: The name, Amanda Perkins listed on the article, is the maiden name of Amanda McBratney.
Keywords: Intellectual Property Law, United States, United Kingdom, Legislation
ISSN: 0142-0461
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Intellectual Property Law (180115)
Divisions: Current > QUT Faculties and Divisions > QUT Business School
Current > Schools > School of Accountancy
Deposited On: 12 Jul 2010 08:39
Last Modified: 22 Jun 2011 23:51

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