No innovation net benefit – EU database proves
Kazeeva 24 [Iana Kazeeva is a postdoctoral researcher at the Department of Innovation and Digitalisation in Law at the University of Vienna. She studied international commercial and tax law in Moscow and holds a Candidate of Sciences degree (Ph.D. equivalent) in international financial law (dissertation on fiscal decentralization). Prior to joining the Department, she worked at the Mountain View office of a California-based public software-as-a-service company, primarily engaged in reviewing and negotiating technology and commercial contracts. She also gained practical experience as a senior legal counsel at the legal department of a global producer of mineral fertilizers, focusing on project finance and legal compliance. At the Department, the primary focus of her research is on intellectual property, data security, and data protection law., Sui Generis Intellectual Property Protection Comparison of EU and U.S. Regulatory Perspectives in Law, Business and Innovation, ALB]
This book has demonstrated that the sui generis intellectual property regimes de facto serve as gap fillers for the protection of subject matter that cannot be adequately protected with the standard instruments of intellectual property protection. The analysis of sui generis intellectual property protection for databases, designs, and plant varieties in the EU and U.S. allows to make the following conclusions: 1. Introduction of sui generis rights does not always trigger innovation and public or private investment into the protected subject matter. It is generally considered that the introduction of new intellectual property rights helps enhance innovation. However, this book has demonstrated that this has not always been the case. In particular, the database sui generis right in the EU has not had any proven economic impact on the production of databases. The introduction of a design right specifically for vessel hulls under the VHDPA and granting a plant variety right under the PVPA in the U.S. have not had significant impact on the amount of investments or innovation in these areas