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“Is it always possible to get related rights and legal monopoly on the database?” — Tatiana Tereshchenko for the blog Zakon.ru

The answer is no.

With the regulation of information (or rather the lack of such regulation of information as an object of civil rights) there are nuances, especially in the context of common problems with different Large and Small Dates.

For example, how does section 5 of chapter 71 of the civil code?

Our regulation of databases as an object of related rights is similar to the European one. Therefore, one goal is to protect significant investments.  This is stated in paragraph 7.8 of the Preamble of Directive 96/9/EC "On the legal protection of databases" of 11 March 1996 // https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A31996L0009 mmm.

Accordingly, to obtain a legal monopoly by virtue of art. 1333 of the civil code need a formula

(a) not only to organize the creation of the database and the collection, processing and arrangement of its constituent materials, but also +

(b) incur significant financial, material, organizational or other costs.

Only in this case it is clear what is protected – commercial interest.

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