DOCSLIB.ORG

Data Producer's Right and the Protection of Machine-Generated Data

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Data Producer's Right and the Protection of Machine-Generated Data Texas A&M University School of Law Texas A&M Law Scholarship Faculty Scholarship 4-2019 Data Producer's Right and the Protection of Machine-Generated Data Peter K. Yu Texas A&M University School of Law, [email protected] Follow this and additional works at: https://scholarship.law.tamu.edu/facscholar Part of the Intellectual Property Law Commons, and the International Law Commons Recommended Citation Peter K. Yu, Data Producer's Right and the Protection of Machine-Generated Data, 93 Tul. L. Rev. 859 (2019). Available at: https://scholarship.law.tamu.edu/facscholar/1318 This Article is brought to you for free and open access by Texas A&M Law Scholarship. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Texas A&M Law Scholarship. For more information, please contact [email protected]. Data Producer's Right and the Protection of Machine-Generated Data Peter K. Yu* I. INTRODUCTION.............................................................................860 II. PAST LESSONS..............................................................................867 A. HistoricalInsights ..................................873 B. CounterfactualInsights ............... ...... 879 II. PRESENTN EEDS ........................................................................... 884 A. TechnologicalNeeds. ................ ........ 888 B. Business Needs. .................. .......... 889 C. Scientific Needs . ....................... .... 892 D. PersonalNeeds ...................... ..... 893 E. Summary. .......................... ...... 895 IV. FUTURE DEVELOPMENTS............................................................. 896 A. Endogenous Complications......... ............. 896 1. Modality of Protection............................................... 898 2. Allocation of Rights...................................................901 3. Duration of Protection...............................................908 4. Scope of Protection....................................................910 5. Limitations and Exceptions.......................................913 B. Exogenous Complications..................... 917 1. Intellectual Property...................................................918 2. Privacy........................................................................920 3. Trade...........................................................................921 4. Investm ent..................................................................923 * 02019 Peter K. Yu. Professor of Law, Professorof Communication, and Director, Center for Law and Intellectual Property, Texas A&M University. Earlier versions of this Article were presented at the 18th Intellectual Property Scholars Conference at the U.C. Berkeley School of Law; the 10th Annual Conference on Innovation and Communications Law at the School of Law, Bocconi University in Milan, Italy; the 7th International Intellectual Property Scholars Roundtable at Duke University School ofLaw*, and the Workshop on 'Legal Implications of the Platform Economy" at the Institute for Civil and Business Law, Vienna University of Economics and Business in Vienna, Austria. The Author would like to thank the participants of these events, in particular Frederick Abbott, Margaret Chon, Brett Frischmann, Justin Hughes, Katja Lindroos Weekstrom, Peter Jaszi, Nicholson Price, Jerome Reichman, and Joshua Sarnoff for valuable comments and suggestions. He is also grateful to Clemens Appl and Philipp Homar for their kind invitation to the Vienna University of Economics and Business and to Bent Hugenholtz for providing a very timely critique that inspired this Article. 859 860 TULANE LA WREVIEW [Vol. 93:859 C. Summary .......... 926 V. PRELMINARY POLICY RECOMMENDATIONS...............................926 V I. CONCLUSION ................................................................................ 929 I. INTRODUCTION Data is the new oil of today's economy--so claim policy makers, commentators, and industry analysts.' In a data-driven economy, there is enormous value in the data generated and collected by humans and machines-both consciously and subconsciously.2 As the European Commission estimated, the value of the European data economy will more than double from E257 billion in 2014 to 6643 billion by 2020. Both the McKinsey Global Institute and the Organisation for Economic Co-Operation and Development have released pioneering studies documenting the many opportunities provided by big data analytics and the emerging data-driven economy.4 The increase in data value, 1. "'Data is the new oil', a phrase that is common currency among leaders in industry, commerce, and politics, is usually attributed to Clive Humby in 2006, the originator of Tesco's customer loyalty card." DAwN E. HOLMEs, BIG DATA: A VERY SHORT INTRoDUCTION 20 (2017); see also VIKTOR MAYER-SCHONBERGER & KENNETH CUKIER, BIG DATA: A REVOLUION THAT WILL TRANSFORM How WE LivE, WORK, AND THINK 16 (2013) (describing data as "the oil of the information economy"); Teresa Scassa, Data Ownership 1 (Ctr. for Int'l Governance Innovation, CIGI Paper No. 187, 2018), https://www.cigionline.org/sites/default/ files/documents/Paper%20no.187_2.pdf ('he commercial value and importance of data is such that they have been referred to as the 'new oil' ... ."); The World's Most Valuable Resource Is No Longer Oil, but Data, EcoNOMIST (May 6, 2017), https://www.economist. com/news/leaders/21721656-data-economy-demands-new-approach-antitrust-rules-worlds- most-valuable-resource (stating that data have "spawn[ed] a lucrative, fast-growing industry [the same way as oil], prompting antitrust regulators to step in to restrain those who control its flow'). See generally ROB KrICHIN, THE DATA REVOLUTION: BIG DATA, OPEN DATA, DATA INFRASTRUCTURES & THEIR CONSEQUENCES (2014) (providing a comprehensive discussion of the data revolution). 2. See Commission Communicationon "Buik ing a EuropeanData Economy," at 4, COM (2017) 9 final (Oct. 1, 2017) [hereinafter Commission Communication]("[Als the data- driven transformation reaches into the economy and society, ever-increasing amounts of data are generated by machines or processes based on emerging technologies, such as the Internet of Things ... ,the factories of the future and autonomous connected systems."). 3. Id at 2. 4. JAMES MANYucA ET AL., McKINSEY GLOB. INST., BIG DATA: THE NEXr FRONTIER FOR INNOVATION, COMPETION, AND PRODUCTIVITY (2011); ORG. FOR EcoN. Co-OPERATION & DEv., DATA-DRIVEN INNOVATION: BIG DATA FOR GROwifH AND WELL-BEING 403-38 (2015). As the report from the McKinsey Global Institute observed. [I]f US health care could use big data creatively and effectively to drive efficiency and quality, we estimate that the potential value from data in the sector could be more than $300 billion in value every year, two-thirds of which would be in the form of reducing national health care expenditures by about 8 percent In the private 2019] DATA PRODUCER'SRIGHT 861 and the attendant explosion of data,s was the result of a confluence of factors-most notably "the rise of 'smart manufacturing', . the economic potential of 'mining' Big Data[,] ... and the promise of the Internet of Things." With the arrival of big data analytics, data have also become highly valuable for uses other than what data producers or collectors initially intended.! Because data can be used alone or in combination with previously nonexistent or inaccessible data,' a considerable part of the value of the generated data now lies in their "option value," not intended value.' In an environment with ubiquitous communication, the prolifeation of Intemet-of-Things devices,'0 and the drastic reduction sector, we estimate, for example, that a retailer using big data to the full has the potential to increase its operating margin by more than 60 percent. MANYIKA E AL., supra, at 2. 5. See HOLMEs, supra note 1, at 1-13'(discussing the data explosion); MAYER- SCHONBERGER & CUKIER, supra note 1, at 70-72 (discussing the transformation brought about by the "data deluge"); Wolfgang Kerber, A New (Intellectual) Property Right for Non- PersonalData?An Economic Analyis, 65 GEwERBaCHERREcKIscHuIzuNDURHEmERREcrT, INTERNATIONALER TEIL [GRURINT] 989, 992 (2016) (Ger.) ('The amount of collected data is increasing exponentially, and it is widely expected that through the spreading of sensor technology and the 'internet of things' this trend will continue for the foreseeable future.'). 6. P. Bernt Hugenholtz, Against 'Data Property,' in 3 KRTrKA: ESSAYS ON INTELLECTUAL PROPERTY 48, 51-52 (Hanns Ullrich et al. eds., 2018). 7. See MAYER-SCHONBERGER & CUIGER, supra note 1, at 153 ("[In a big-data age, most innovative secondary uses haven't been imagined when the data is first collected."); Mark Burdon &Mark Andrejevic, Big Data in the Sensor Society, in BIG DATA Is NOT A MONoLITH 61, 69 (Cassidy R. Sugimoto et al. eds., 2016) (noting that the value in data "is provided by the fact that personal data can be aggregated with that of countless other users (and things) in order to unearth unanticipated but actionable research findings"); Margaret Foster Riley, Big Data, HlIPAA, and the Common Rule: 7me for Big Change?, in BIG DATA, HEALTH LAW, AND BioEDIIcs 251, 251 (L Glenn Cohen et al. eds., 2018) ("The analysis of Big Data related to healthcare is often for a different purpose than the purpose for which the data were originally collected."). 8. See MAYER-SCHONBERGER & CUKIER, supra note 1, at 107 ("Sometimes the dormant value can only be unleashed by combining
Load more

Recommended publications
  • International Intellectual Property Law
    ee--RRGG Electronic Resource Guide International Intellectual Property Law * Jonathan Franklin This page was last updated February 8, 2013. his electronic resource guide, often called the ERG, has been published online by the American Society of International Law (ASIL) since 1997. T Since then it has been systematically updated and continuously expanded. The chapter format of the ERG is designed to be used by students, teachers, practitioners and researchers as a self-guided tour of relevant, quality, up-to-date online resources covering important areas of international law. The ERG also serves as a ready-made teaching tool at graduate and undergraduate levels. The narrative format of the ERG is complemented and augmented by EISIL (Electronic Information System for International Law), a free online database that organizes and provides links to, and useful information on, web resources from the full spectrum of international law. EISIL's subject-organized format and expert-provided content also enhances its potential as teaching tool. 2 This page was last updated February 8, 2013. I. Introduction II. Overview III. Research Guides and Bibliographies a. International Intellectual Property Law b. International Patent Law i. Public Health and IP ii. Agriculture, Plant Varieties, and IP c. International Copyright Law i. Art, Cultural Property, and IP d. International Trademark Law e. Trade and IP f. Arbitration, Mediation, and IP g. Traditional Knowledge and IP h. Geographical Indications IV. General Search Strategies V. Primary Sources VI. Primary National Legislation and Decisions VII. Recommended Link sites VIII. Selected Non-Governmental Organizations IX. Electronic Current Awareness 3 This page was last updated February 8, 2013.
    [Show full text]
  • The Expansion of Intellectual Property for the Protection of Databases Lionel M
    Santa Clara Law Review Volume 38 | Number 1 Article 1 1-1-1997 Database Rights and Technical Data Rights: the Expansion of Intellectual Property for the Protection of Databases Lionel M. Lavenue Follow this and additional works at: http://digitalcommons.law.scu.edu/lawreview Part of the Law Commons Recommended Citation Lionel M. Lavenue, Database Rights and Technical Data Rights: the Expansion of Intellectual Property for the Protection of Databases, 38 Santa Clara L. Rev. 1 (1997). Available at: http://digitalcommons.law.scu.edu/lawreview/vol38/iss1/1 This Article is brought to you for free and open access by the Journals at Santa Clara Law Digital Commons. It has been accepted for inclusion in Santa Clara Law Review by an authorized administrator of Santa Clara Law Digital Commons. For more information, please contact [email protected]. ARTICLES DATABASE RIGHTS AND TECHNICAL DATA RIGHTS: THE EXPANSION OF INTELLECTUAL PROPERTY FOR THE PROTECTION OF DATABASES Lionel M. Lavenue* INTRODUCTION Databases represent the most valuable form of technical data.' Indeed, all businesses utilize some form of database, whether an inventory, price schedule, or customer list.' Da- tabases play a critical role in all facets of computer technol- ogy as every type of computer hardware utilizes computer software which, in turn, utilizes some form of database.' Da- Associate, Finnegan, Henderson, Farabow, Garrett, & Dunner, L.L.P., Washington, D.C.; Fulbright Scholar (1996-97), Max Planck Institute of Foreign and International Patent, Copyright, and Competition Law, Munich, Germany; Law Clerk (1994-96), Chief Judge Glenn L. Archer, Jr., United States Court of Appeals of the Federal Circuit; Law Clerk (1992-94), Judge Robert J.
    [Show full text]
  • On the Treatment of the Sui Generis Database Rights in Version 3.0 of the Creative Commons Licenses
    On the treatment of the sui generis database rights in Version 3.0 of the Creative Commons licenses. Background: Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases (the "Database Directive") created a new basis for the protection of databases ("sui generis database protection") not previously recognized under copyright law. The database directive has by now been implemented by the 25 member states of the EU (plus some of the countries such as Norway that are part of the European Economic Area - EEA). Outside of Europe there is no sui generis protection of Databases. In some countries (for example Germany) the database directive has been implemented as part of the national copyright act, while others (such as the Netherlands) have chosen to implement via a separate act (in this case the database act). The lawmakers of the European Union decided that in order to provide greater protection to collections of information they should have a unified legal protection for databases. To this end, they created a sui generis right called database right. The database right lasts for 15 years under this regime, but can be extended if the database is updated. Database rights prevent copying of substantial parts of a database (including frequent extraction of insubstantial parts). However unlike copyright the protection of the database right is not over the form of expression of information but of the information itself [source: en.wikipedia.org/wiki/Database_rights]. Prior to Version 3.0, some localized and translated versions of the Creative Commons licenses (Belgium, Netherlands, France and Germany) contained references to national legislation passed pursuant to the Database Directive, by defining a "work" to include databases protected by these laws.
    [Show full text]
  • Text and Data Mining in EU Copyright Law
    Department of Law Spring Term 2020 Master Programme in Intellectual Property Law Master’s Thesis 30 ECTS Text and Data Mining in EU Copyright Law Author: Gabriella Svensson Supervisor: Kacper Szkalej 1 Table of Contents INTRODUCTION ................................................................................................................................................ 3 Subject and Purpose ........................................................................................................................................ 3 Material and Method ...................................................................................................................................... 4 Delimitations .................................................................................................................................................. 5 Outline ............................................................................................................................................................ 5 1. A BRIEF INTRODUCTION TO TEXT AND DATA MINING ................................................................... 7 2. FUNDAMENTAL EU COPYRIGHT LAW .............................................................................................. 11 2.1 Protectable Subject Matter and Exclusive Rights .......................................................................... 11 2.2 The DSM Directive and TDM ....................................................................................................... 14 3. WHY AND HOW MIGHT
    [Show full text]
  • A Proposal for the Protection of Digital Databases in Sri Lanka Submitted
    A Proposal for the Protection of Digital Databases in Sri Lanka Submitted by Thusitha Bernad Abeysekara to the University of Exeter as a thesis for the degree of Doctor of Philosophy in Law in July 2013 This thesis is available for Library use on the understanding that it is copyright material and that no quotation from the thesis may be published without proper acknowledgement. I certify that all material in this thesis which is not my own work has been identified and that no material has previously been submitted and approved for the award of a degree by this or any other University. Signature: ………………………………………………………….. 1 ABSTRACT Economic development in Sri Lanka has relied heavily on foreign and domestic investment. Digital databases are a new and attractive area for this investment. This thesis argues that investment needs protection and this is crucial to attract future investment. The thesis therefore proposes a digital database protection mechanism with a view to attracting investment in digital databases to Sri Lanka. The research examines various existing protection measures whilst mainly focusing on the sui generis right protection which confirms the protection of qualitative and/or quantitative substantial investment in the obtaining, verification or presentation of the contents of digital databases. In digital databases, this process is carried out by computer programs which establish meaningful and useful data patterns through their data mining process, and subsequently use those patterns in Knowledge Discovery within database processes. Those processes enhance the value and/or usefulness of the data/information. Computer programs need to be protected, as this thesis proposes, by virtue of patent protection because the process carried out by computer programs is that of a technical process - an area for which patents are particularly suitable for the purpose of protecting.
    [Show full text]
  • RIGHTS in DATA HANDBOOK Protecting and Exploiting IP in Data and Databases Internationally RIGHTS in DATA HANDBOOK
    January 2013 RIGHTS IN DATA HANDBOOK Protecting and exploiting IP in data and databases internationally RIGHTS IN DATA HANDBOOK January 2013 Edition EDITORS INTRODUCTION The value of data and databases to business is undeniable and continues to increase. As a result the laws which enable data to be protected and exploited are crucial to many industries, from horseracing to !nancial services. Nonetheless, while much has been written about the neighbouring area of data privacy/data protection, the issue of IP rights in data and databases has John Wilks, Editor traditionally received almost no attention. This guide sets out an overview of the Partner IP and related rights affecting data and databases in 12 key global jurisdictions. T +44 (0)20 7796 6288 How this Handbook Works M +44 (0)7796 15 8896 [email protected] This handbook provides a high-level summary, with links to relevant sources, of the different types of protection which are available for data and databases in 12 key global jurisdictions. For each jurisdiction we consider three categories of database which may bene!t from protection: original databases, databases in which investment has been made, and con!dential databases. As database law is only part-harmonised in the EU we have, in addition to a section on the EU, separate sections on six representative EU jurisdictions Alec Christie, Co-Editor (France, Germany, Italy, The Netherlands, Spain and the UK). To assist you to Partner navigate our European content and avoid repetition, there are cross-references T +61 2 9286 8237 between the EU section and the national sections.
    [Show full text]
  • Intellectual Property Right Assignments Q&A: US
    Intellectual property right assignments Q&A: US, Practical Law Country Q&A w-026-1550 Intellectual property right assignments Q&A: US by Michael S. Palmisciano, Christopher T. McWhinney and Kimberly B. Herman, Sullivan & Worcester LLP Country Q&A | Law stated as at 31-May-2020 | United States This Q&A provides country-specific commentary on the following standard documents: Assignment of intellectual property rights: Cross-border. Assignment of trade marks: Cross-border. Assignment of copyright: Cross-border. Assignment of patents: Cross-border. Assignment of industrial designs: Cross-border. Waiver of moral rights: Cross-border. Letter confirming assignment of intellectual property rights: Cross-border. and forms part of Cross-border Intellectual property. Key aspects of intellectual property right assignments Definition of IP rights Assigning the benefit of licences to use IP rights Assigning future intellectual property rights Implied covenants Right to sue for past infringement Right of priority Tax considerations Power of Attorney Assistance with future proceedings Perfecting the assignment Liability Guarantor Formalities for assignment Compliance with local law and practice © 2020 Thomson Reuters. All rights reserved. 1 Intellectual property right assignments Q&A: US, Practical Law Country Q&A w-026-1550 Brexit Registration and recordal aspects of intellectual property right assignments Registrable intellectual property rights Assignment recordal / registration Warranties and indemnities in intellectual property right assignments
    [Show full text]
  • Directive 96/9/Ec
    DIRECTIVE 96/9/EC (Database Directive) of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases [Introductory remarks] 1. General. The Database Directive has created a two-tier protection regime for electronic and non-electronic databases. Member States are to pro- tect databases by copyright as intellectual creations (Chapter 2), and provide for a sui generis right (database right) to protect the contents of a database in which the producer has substantially invested (Chapter 3). Both rights may apply cumulatively if the prerequisites for both regimes are fulfilled. The introduction of sui generis protection was considered necessary after supreme courts in the Netherlands and the US had held that copyright does not protect databases reflecting merely economic investment or intellectual effort (see Feist (US) and Van Dale (Netherlands)). Prior to implementation, intellectual property protection for non-original compilations existed in just a few Member States (the United Kingdom, Denmark, Sweden and the Nether- lands). Many Member States provided only for unfair competition remedies, to be applied in special circumstances, or no remedies at all. However, the absence of a harmonized legal framework for unfair competition in Europe necessitated the introduction of a sui generis right to complement copyright protection for databases (recital 6). 2. Harmonization. The Directive is based on arts. 47(2), 55 and 95 of the EC Treaty, and is aimed at harmonizing the legal protection of databases across the European Community. The copyright chapter of the Directive harmonizes the originality standard for databases, which prior to the implementation dif- fered greatly between Member States, especially between countries of the authors’ right tradition where a measure of creativity, personal character or personal imprint was required, and the two Member States (Ireland and the UK) of the British copyright tradition where mere skill and labour sufficed.
    [Show full text]
  • Identifying, Protecting & Exploiting Your
    IDENTIFYING, PROTECTING & EXPLOITING YOUR IPR This Briefing Note provides an overview of the different types of intellectual property rights, what is required to acquire such rights and how these rights can be exploited. Copyright: Copyright is an unregistered intellectual property right that aims to prevent one person copying or using another person's original work without that person's permission. Copyright extends to any form of original literary, dramatic, musical or artistic works, sound or video recordings, broadcasts, tables, compilations, computer programs or databases. Copyright arises automatically provided: (i) the work is original; (ii) recorded; and (iii) either the author is a “qualifying person” (i.e. British, a resident in the UK or a company incorporated in the UK) or the work is first published in the UK. The person who creates the work will be the first owner of copyright except an employer will own the copyright in a work created by an employee “in the course of employment”. Database Rights: A “database” is defined as “a collection of independent works, data or other materials which are: (i) arranged in a systematic or methodical way; and (ii) individually accessible by electronic or other means”. Databases can be protected by copyright and/or by database rights. To be protected by copyright, the database must be “original” in that the arrangement or selection of the contents is the result of the author’s intellectual creation. In contrast, to qualify for database right, the database does not require “originality” but there must have been a substantial investment in obtaining, verifying or presenting the contents of the database.
    [Show full text]
  • An Analysis of the Implications of Intellectual Property Rights (IPR) on the Global Biodiversity Information Facility (GBIF)
    An analysis of the implications of intellectual property rights (IPR) on the Global Biodiversity Information Facility (GBIF) Manuel Ruiz Muller February, 2004 Table of contents. Introduction. ................................................................................................................................................................2 1. What is the Global Biodiversity Information Facility (GBIF) and why are access to and release of data and information and intellectual property issues important ?........................................................................4 2. Institutional IPR policies of GBIF as recognised in the Memorandum of Understanding. ...........................8 Box 1: Some examples of database institutional policies on IPR, disclaimers, etc. .................................................11 3. Some key concepts: public domain; databases and copyright, copyleft and technology restrictions. ........20 Box 2: An initial introduction to copyright. ...........................................................................................................20 Box 3: Framework international instruments addressing copyright protection applicable to databases. ................23 Box 4: A comparative chart on the legal protection of databases.............................................................................25 4. Sensitive and confidential data and information : access and release issues and institutional policies. ....32 Box 5: The Biozulua Database case in Venezuela : an example of potential problems
    [Show full text]
  • The Implications for the Life Sciences Sector 30 April
    Brexit: The Implications for the Life Sciences Sector 30 April 2019 Brexit: The Implications for Contents the Life Sciences Sector Table of Contents Introduction 3 Manufacturing and Supply 14 The Brexit Picture 4 Batch Testing and Parallel Imports 15 Timeline: 2016 – 2017 5 Patents, Supplementary Protection Certificates and Paediatric Extensions 16 Timeline: 2018 6 Trade Marks and Designs 17 Timeline: January and February 2019 7 Copyright and Database Rights 18 Timeline: March 2019 onwards 8 Data Protection and Privacy 19 Brexit Scenarios 9 People and Movement 20 Medicines 10 UK Government Support 21 Medical Devices 11 Further ahead 22 Clinical Trials 12 Glossary of Terms 23 - 24 Orphan Drugs and Minor Use Species 13 2 Brexit: The Implications for Introduction the Life Sciences Sector Introduction Brexit is highly fluid and subject to frequent change. Key contacts Key contributors Accordingly, the advice within this interactive Life Sciences guide (including imposed UK Government deadlines) is accurate as of 26 April 2019. This guide assumes an Exit Date of 31 October 2019; Caroline Scott Bonella Ramsay however this is subject to change. For further information Senior Associate, Life Sciences Partner, Life Sciences T +44 (0) 131 242 5077 T +44 (0) 20 7796 6028 see Brexit Scenarios on page 9. [email protected] [email protected] This guide is best viewed on-screen to make use of the hyperlinks within it. For further information please contact Caroline Scott Paul Hardy Sam Mitchell or Paul Hardy. Brexit Director Trainee T +44 (0) 207 153 7099 T +44 (0) 207 153 7552 [email protected] [email protected] Click here to begin.
    [Show full text]
  • The Role of Registers and Databases in the Protection of Traditional Knowledge a Comparative Analysis Acknowledgements
    UNU-IAS Report The Role of Registers and Databases in the Protection of Traditional Knowledge A Comparative Analysis Acknowledgements The authors wish to thank all those who were interviewed during the preparation of the case studies contained within this report. The following people are gratefully acknowledged for their insightful comments on earlier drafts of the report: Alejandro Argumedo Shakeel Bhaati N S Gopalakrishnan Anil Guptha V K Guptha Preston Hardison Sam Johnston Kathleen Kevany Catherine Monagle Kirsten Neumann Bala Ravi This report was prepared by: Merle Alexander K Chamundeeswari Alphonse Kambu1 Manuel Ruiz Brendan Tobin The responsibility for the opinions expressed herein remains that of the authors alone and do not necessarily represent the opinion of UNU-IAS. For further information, contact: United Nations University Institute of Advanced Studies (UNU-IAS) 5–53–67 Jingumae, Shibuya–ku, Tokyo, 150–8304, Japan Tel: +81–3–5467–2323, Fax: +81–3–5467–2324 Email: [email protected], URL: http://www.ias.unu.edu Copyright © 2003 UNU-IAS All Rights Reserved Design by Brechtje Zoet UNU-IAS Report The Role of Registers & Databases in the Protection of Traditional Knowledge A Comparative Analysis January 2004 Contents Foreword 5 Executive Summary 6 Introduction 9 1 Underlying Concepts 10 1.1 What Is Meant By Traditional Knowledge? 10 1.2 What Is Meant By “Protection”? 11 1.3 Distinguishing Registers and Databases 11 2 Case Studies of Registers and Databases Used to Record and “Protect” Traditional Knowledge 14 2.1 Indigenous Peoples
    [Show full text]