Malinovska I. Protection of database rights in the civil law of Ukraine.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0414U000441

Applicant for

Specialization

  • 12.00.03 - Цивільне право і цивільний процес; сімейне право; міжнародне приватне право

31-01-2014

Specialized Academic Board

Д 64.086.02

Yaroslav Mudryi National law university

Essay

The thesis is devoted to the complex analysis of the database protection of the rights in the civil law of Ukraine. It is researched legal definition of "database" in the thesis, genesis formation of the legal protection of database, the content of the rights and judicial protection of the database based on the analysis of international law and national legislation of Ukraine. There is a view point concerning copyright - it is the most usual protective and legal regime of database. It is differentiated definiteness of terms such as author, copyright proprietor, database producer, database developer, owner and personal database manager. It is well- grounded conclusion that it is necessary to follow scientific developments which recognize necessity of harmonization of Ukrainian legislation with the Directive provisions 96/9/EC. This process should be developed towards the establishment of the additional level of protection for any database with the help of institute "sui generis". It is established a location of the institute "sui generis" in the intelligence system of rights. It is researched types of database copyright infringement, which can be classified into groups based on the content of the broken legal relationships; rights violation in the absolute legal relationships, right in personal database violation.

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