Protection of databases in India and sui generis protection

Abstract

Historically, databases are protected under copyright law. India (which has been a major beneficiary of electronic commerce) provides copyright protection to databases. The adequacy of this protection is analysed in this paper, which considers the developments in digital technology that make most of the database manufacturers susceptible to free-rider competition. The paper aims to demonstrate that adoption of the Feist doctrine by the Indian courts leads to inequitable results. The solution advocated is the adoption of a sui generis legislation which clearly prescribes the property rights and limitations, to database creators in India. The present legal environment in India grants protection to databases under the Copyright Act 1957. The judiciary has interpreted this protection utilizing the ‘sweat of the brow’ theory as applied in Feist Publications, Inc. v Rural Telephone Service Co. The article argues that this is a thin layer of protection and acts as a significant deterrent to a database author's economic interests. The solution which the article suggests is a statutory sui generis database right. With the increased digitization of data, India is increasingly seen as the back office of the world. This outsourcing of work to India has brought in an economic boom particularly in Information Technology Enabled Services. The creation and exploitation of databases is a natural component of such services. Without the granting of an adequate standard of protection to the authors of the databases, the economic boom will not be sustainable.