Protection of databases in India and sui generis protection

Legal context: Historically, databases are protected under copyright law. India(which has been a major beneficiary of electronic commerce)provides copyright protection to databases. The adequacy ofthis protection is analysed in this paper, which considers thedevelopments in digital technology that make most of the databasemanufacturers susceptible to free-rider competition. The paperaims to demonstrate that adoption of the Feist doctrine by theIndian courts leads to inequitable results. The solution advocatedis the adoption of a sui generis legislation which clearly prescribesthe property rights and limitations, to database creators inIndia. Key points: The present legal environment in India grants protection todatabases under the Copyright Act 1957. The judiciary has interpretedthis protection utilizing the ‘sweat of the brow’theory as applied in Feist Publications, Inc. v Rural TelephoneService Co. The article argues that this is a thin layer ofprotection and acts as a significant deterrent to a databaseauthor's economic interests. The solution which the articlesuggests is a statutory sui generis database right. Practical significance: With the increased digitization of data, India is increasinglyseen as the back office of the world. This outsourcing of workto India has brought in an economic boom particularly in InformationTechnology Enabled Services. The creation and exploitation ofdatabases is a natural component of such services. Without thegranting of an adequate standard of protection to the authorsof the databases, the economic boom will not be sustainable.