Contractual & intellectual property protection of databases

Issue title: Information online 89. Selected papers from The Fourth Australasian Online Information Conference and Exhibition

Guest editors: Glenn R. Lowry

Article type: Research Article

Authors: Leonard, Peter G. | Spender, Peta A.

Affiliations: Media & Communications Division, Sly and Weigall, Solicitors, 60 Margaret Street, Sydney, N.S.W. 2000, Australia

Abstract: The aim of the paper is to examine the development of intellectual property protection of computer software and databases particularly in the light of the challenges that rapid technological changes in this area create for the law. The response of the courts and the legislature to the particular needs of the computer industry has meant a blurring of the traditional boundaries of intellectual property protection and, in particular, the delineation between ideas and their expressions. The burning policy question is whether massive protection is desirable especially if it stifles the future development of computing by preventing the adoption of successful ideas as “industry standards”. Is the protection of intellectual property going too far if it protects ideas and information per se rather than the expression of these phenomena? The paper will also examine the different types of protection available and their applicability to computer technology generally.

DOI: 10.3233/ISU-1989-91-204

Journal: Information Services & Use, vol. 9, no. 1-2, pp. 33-43, 1989