Creating a protection mechanism for sui generis database right – European Union’s experience

Abstract

Big data plays a vital role in the digital age and can be protected from the perspective of copyright under the Bern Convention, the Agreement on Trade-Related Aspects of Intellectual Property Rights, and the World Intellectual Property Organization Copyright Treaty. However, not all big data can be protected for two reasons: 1) copyright only protects the arrangement of the entire database, not the pure information within the database, and 2) difficulty in meeting standards of creativity and formability. This affects the investment results of big data producers. This article analyzes the EU Database Directive for creating sui generis database rights, which overcome the limitations of copyright protection. From there, the article makes recommendations for Vietnamese law on establishing separate rights to protect big data.