Legal Regime of Database Rights

The widespread use of databases, caused by the development of information processing, determines the need to establish the scope of rights to the database in terms of civil and regulatory law relations. Introduction by the Russian legislator of related database rights has provided the database manufacturer (owner) with wide protection with respect to the data sets constituting a database, which can make it significantly difficult to obtain information by third parties and affect the market power of the database manufacturer (owner) in an information society. Determining the optimal scope of rights is important to protect the interests of the owner, as well as the interests of third parties. Taking into account the possibility of expansive or restrictive interpretation of database features, database protection criteria and the scope of exclusive rights to databases, it is necessary to identify the most optimal approaches to the interpretation of the relevant assessment categories. In addition, it is necessary to determine whether such an interpretation is sufficient or insufficient, and what potential problems with regard to the circulation of information may arise.