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.     

School Leaders’ Experiences on Dealing with Students Exposed to Domestic Violence

School leaders’ experiences and perceptions of students’ domestic violence experiences and trauma-informed school interventions have been overlooked. This semi-structured qualitative study aimed to investigate three areas regarding school leaders’ perceptions regarding domestic violence-exposed students: 1) the experiences of school leaders in dealing with these students; 2) the barriers and strengths associated with managing these students; and 3) school leaders’ recommendations for overcoming any barriers related to this issue in schools. Interviews conducted with 15 school leaders were analysed using thematic analysis. School leaders were found to be instrumental in influencing school culture and support systems surrounding students’ exposure to domestic violence. However, school leaders provided mixed reports regarding the adequacy of resources for domestic violence-exposed students. Recommendations suggested by school leaders included more domestic violence specific training for school staff and training delivery methods that were more sensitive for staff who have personal experiences with domestic violence. School leaders expressed great concerns for teachers, particularly less experienced teachers, regarding their knowledge and skills to assist students who disclose family violence.

     

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...