Protecting databases: Europe and USA in the aftermath of BHB case

Abstract

The Directive, of the European Parliament and of the Council, of 11th March 1996 (96/9/EEC) (the Directive) was adopted in order to afford protection to Databases. The European Court of Justice (ECJ) elucidated the database right for the first time in British Horseracing Board v. William Hill Organisation case (BHB case), addressing some of the concerns and issues with respect to the database right and providing a certain degree of clarity about the nature of this right. More importantly, it failed to address certain other significant issues. This paper would analyse the impact of the ECJ's interpretation of the database right.