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.     

The Ocean of Yoga: An Unpublished Compendium Called the Yogārṇava

Journal of Indian Philosophy - The Yogār?ava (‘the ocean of yoga’) is a Sanskrit compendium on yoga that has not been published, translated or even mentioned in secondary...     

Book Reviews

Books reviewed:
The Law of Energy for Sustainable Development , edited by Adrian J. Bradbrook, Rosemary Lyster, Richard Ottinger and Wang Xi , published by Cambridge University Press, 2005, 630pp, £75.00, hardback.
Fresh Water and International Economic Law , edited by Edith Brown Weiss, Laurence Boisson de Chazournes and Nathalie Bernasconi-Osterwalder , published by Oxford University Press, 2005, 506pp, £70.00, hardback.
Handbook of Global Environmental Politics , edited by Peter Dauvergne , published by Edward Elgar, 2005, 560pp, £125.00, hardback.
Emerging Forces in Environmental Governance , edited by Norichika Kanie and Peter M. Haas , published by United Nations University Press, 2004, 320pp, US$36.00, paperback.
Economic Globalization and Compliance with International Environmental Agreements edited by Alexandre Kiss, Dinah Shelton and Kanami Ishibashi , published by Kluwer Law International, 2003, 352pp, £85.00, hardback.
German Environmental Law for Practitioners , edited by Horst Schlemminger and Claus-Peter Martens , 2nd edition, published by Kluwer Law International, 2004, 833pp, £119.25, hardback.
The International Climate Change Regime: A Guide to Rules, Institutions and Procedures , Farhana Yamin and Joanna Depledge , published by Cambridge University Press, 2004, 730pp, £40.00, paperback.