Havroniuk O. Civil law protection of databases

The dissertation is devoted to the study of civil law mechanisms for the protection of rights to databases, the grounds and features of the use of general and special methods of protecting rights and interests associated with the use of databases, as well as the development of proposals and recommendations for improving the legal regulation of these legal relations. It is established that the mechanism of civil law protection of rights to databases is based, first, on the dual legal regime of their protection (copyright and sui generis law), introduced within the European Union and requiring implementation into the national Ukrainian legal system; secondly, within the framework of copyright protection – on a combination of general and specific methods of its implementation; thirdly, on forms of protection, which, taking into account special methods of protection, may be of a jurisdictional or non-jurisdictional nature. Established the legal nature of protection of the rights and interests of database producers on the basis of sui generis law, which consists of two points: a) the functioning of economically conditioned system of prevention and restoration of rights of a person data; b) by means of normatively fixed means and methods, the key of which is the possibility to apply to the court with a request to prevent or stop the illegal seizure or reuse of all or a significant part of the contents of this database.