“Defining the boundaries of the normal use of the database” — article by Tatiana Tereshchenko in collaboration with Alexander Sergeev for the publication “Patents and licenses”

Tatyana Tereshchenko, head of the analytical department of "Prime Advice", co-authored with Alexander Sergeev for the monthly scientific and practical magazine on intellectual property "Patents and licenses", considers the limits of free use of databases.

Introduction

Intellectual property law and the practice of its application are based on the idea of a compromise between the interests of the copyright holder, who is granted an exclusive right and the resulting legal monopoly, and the interests of third parties (society), which should not be restricted without sufficient grounds for the legal/free use of intellectual property objects. The problem is that the boundaries between acceptable behavior and abuse of opportunities are quite mobile and predetermined by a set of evaluation criteria.

It means that only the standard of interpretation can be fixed at the level of the rule of law, in the framework of which the law enforcement agent must interpret in each specific case taking into account the purpose of providing legal protection to the relevant intangible object. The most difficult task for developing a uniform approach is to carefully analyze the definitions used and find acceptable criteria for situational deviations from the general standard. To illustrate what has been said, let us turn to art. 1335.1 the civil code of the Russian Federation "Actions that do not violate the exclusive right of the database manufacturer", which sets the limits of the rights of a person who lawfully uses the published database, as well as the limits of free use of someone else's database.

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