Unlocking the Data Dilemma Intellectual Property and the Challenge of Database Regulation

Databases are protected under copyright law as a part of literary works, but the criteria for protection are more stringent due to their nature as collections of “dressed facts” rather than original creative expressions. This distinction creates challenges because copyright requires originality, and databases mostly comprise factual information organized systematically. In the current information age, databases have gained significant economic and practical importance, as they facilitate efficient access to large volumes of data. This growing relevance has sparked debates about whether the existing copyright framework adequately protects databases or if alternative legal models are needed. This paper explores the development of database protection law, focusing on the limitations posed by the originality requirement in traditional copyright law. It analyses the extent and nature of protection granted under other regimes, emphasizing the balance between protecting creators’ rights and ensuring public access to information. A significant part of the paper examines the European Union’s sui generis database protection regime, which offers a dual system which is copyright protection for creative database structures and a separate right safeguarding the substantial investment in database contents. The paper engages in critique of the effectiveness of this model, which includes concerns about monopoly creation and investment standards. Further, it evaluates the applicability and suitability of adopting a similar sui generis regime in India, given its unique legal, economic, and technological context. Finally, the paper argues for a balanced and context-specific approach to database protection in India, considering international frameworks and domestic policy priorities, rather than adopting a foreign model in its entirety.