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Register a new userIntellectual Property for Databases in Syrian and comparative Laws
الملكية الفكرية لقواعد البيانات في القانون السوري و المقارن
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حاول هذا البحث معالجة مسألة تعرض لها قانون حقوق المؤلف السوري لعام 2001 باقتضاب واضح. فهو يناقش أولاً ماهية قواعد البيانات من حيث تعريفها و خصائصها و ما يميزها عن سواها من المصنفات المحمية؛ ثم ينتقل إلى بيان الحقوق التي يمكن أن ترد عليها. بعد ذلك يدرس البحث الحماية التي أعطاها القانون السوري لأصحاب الحقوق في قواعد البيانات سواء كانوا مؤلفين أو مستثمرين، مناقشاً ذلك في إطار الدراسة المقارنة مع التشريعات العربية و الأجنبية و الدولية. ليخلص في النهاية إلى ضرورة إفراد قواعد البيانات بأحكام قانونية أكثر تخصصاً و تلاؤماً مع طبيعتها المتميزة؛ ناصحاً أصحاب الحقوق عليها في الاهتمام بالحماية الاتفاقية لما توفره من عامل مساعد للوصول إلى حماية مرضية.
This research is on attempt to answer a question that is not dealt with completely by the Syrian Copyright Act of 2001 the research argues the essence of databases, by defining it, mentioning its characteristics and what makes it different from the other protected compilations; then it shows the rights which may arise on databases. After that, the research studies the protection which is granted by Syrian Law to the right holders of databases, whether they are authors or investors, arguing, in the scope of comparative study with, Arabic, foreign, and international statutes. the end, the researcher Lott the need to include databases with more individualized legal rules, which suit its special nature; the researcher recommends right holders to emphasize the importance of contractual protection since it provides a helping factor in reaching the satisfactory protection. ...
References used
Hladjk, Jőrg , The protection of databases under US and EU law – Sui generis right as an appropriate concept? – Part I – US law, Computer Law & Security Report Vol. 20 no. 4 2004, Elsevier, available at www.sciencedirect.com
Kierkegaard, Patrick and colleague, (Wikitopia: Balancing intellectual property rights within open source research databases), Computer Law & Security Review, Elsevier, 26/2010, available at www.sciencedirect.com
بدر، أسامة أحمد - الوسائط المتعددة الملتيميديا دراسة مقارنة، دار الكتب القانونية، مصر. المحلة الكبرى، 2006
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