Protection of Digital Databases: Sri Lanka as a Reference Point

Abstract

Economic development in Sri Lanka has relied heavily on foreign and domestic investment. Digital databases are a new and attractive area for this investment. This paper, whilst arguing that investment protection is crucial in attracting future investment seeks to propose a digital database protection mechanism in order to attract investment in relation to digital databases to Sri Lanka. Whilst examining various existing protection measures the paper mainly focuses on the sui generis right protection which confirms the protection of qualitative and/or quantitative substantial investment in obtaining, verification or presentation of the contents of digital databases. In digital databases, this process is carried out by computer programs which establish meaningful and useful data patterns through their data mining process, and which subsequently use those patterns in Knowledge Discovery within database processes. Those processes enhance the value and/or usefulness of the data/information. As this paper proposes, Computer programs need to be protected, by virtue of patent protection as the process carried out by computer programs is that of a technical process - an area for which patents are particularly suitable for the purpose of protecting. The issue of investment in databases is addressed in different ways under the existing mechanisms of intellectual property protection. These include Copyright, Contract, Unfair Competition and Misappropriation and Sui generis right protection. The primary objective of the paper is to improve the laws pertaining to the protection of digital databases in Sri Lanka in order to encourage qualitative and quantitative investment in digital databases in Sri Lanka. To that end this paper suggests a set of mechanisms and rights which consist of existing intellectual protection mechanisms for databases. Through this it is intended to protect the rights and duties of the digital database users and owners/authors and, eventually, to bring positive economic effects to the country. Since digital database protection is a new concept in the Sri Lankan legal context, this paper will provide guidelines for policy-makers, judges and lawyers in Sri Lanka and throughout the South Asian Region.