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@article{198249,
        author = {SIVA S and Gowri Shankari R},
        title = {DATABASE PROTECTION: A COMPARATIVE STUDY INDIA VS EUROPEAN UNION},
        journal = {International Journal of Innovative Research in Technology},
        year = {2026},
        volume = {12},
        number = {11},
        pages = {13377-13392},
        issn = {2349-6002},
        url = {https://ijirt.org/article?manuscript=198249},
        abstract = {In the contemporary digital economy, databases have become indispensable assets, underpinning the functioning of data-intensive industries such as finance, healthcare, e-commerce, and artificial intelligence. As structured collections of information, databases facilitate efficient storage, organization, and retrieval of vast quantities of data, thereby generating significant commercial value. However, their legal protection presents complex challenges, primarily because databases often consist of factual information that does not qualify for protection under traditional copyright principles. This has necessitated the evolution of specialized legal frameworks to address the unique nature of databases.
This paper critically examines the legal protection of databases in the context of rapidly expanding data-driven economies, with a particular focus on the contrasting approaches adopted by the European Union and India. The European Union’s introduction of a sui generis database right represents a proactive and distinct legal mechanism designed to safeguard the substantial investment involved in the creation and maintenance of databases, irrespective of originality. In contrast, India continues to rely predominantly on copyright law, supplemented by judicial interpretations, to extend limited protection to databases that meet the threshold of originality through selection or arrangement.
The divergence between these legal regimes raises significant concerns regarding the adequacy and effectiveness of existing laws in addressing modern technological realities. This study evaluates whether India’s current framework sufficiently protects database creators while ensuring access to information and fostering innovation. It also explores the broader implications of adopting a sui generis model in India, considering economic, legal, and policy dimensions. Ultimately, the paper seeks to contribute to the ongoing discourse on developing a balanced and adaptive legal regime that aligns with the demands of the digital age and the principles of equitable information access.},
        keywords = {Database Protection, Digital Economy, Copyright Law, Sui Generis Right, European Union, India, Intellectual Property, Big Data, Legal Framework, Data Ownership},
        month = {April},
        }