Journal of Intellectual Property Rights

Vol 15, November 2010, pp 447-454

Bioinformatics Databases: Intellectual Property Protection

Strategy*
Junli Chang and Xuezhong Zhu
Institute of Intellectual Property Strategy, Huazhong University of Science and Technology (HUST), Wuhan,
China, 430074
Received 15 September 2010, revised 24 October 2010

Intellectual property (IP) protection for bioinformatics databases plays a key role in accelerating
development
biological sciencesofand biotechnological industry. This paper presents current and global position of IP
protection in database. A protection method has been proposed after analysing characteristics of bioinformatics
bioinformatics
database
and s
considering different database protection methods. Further, the paper seeks to analyse the diffusion process of
biological
information and develops an argument that bioinformatics primar y database should be put in public domain,
though
may bethey
given financial subsidies by the government or other public funds according to the diffusion phase of
biological
information. Suitable methods of IP protection in the bioinformatics secondary database have been suggested.

Keywords : Intellectual property, bioinformatics database, transmission model, copyright, contract, , trade
sui generis
secret,
trademark

Bioinformatics is the science of information At present, in most countries, bioinformatics

generation, transmission, receipt, and interpretation databases are in protected by the existing intellectual
biological systems. It is one of the disciplines which However,
1 propertythelaws.
protection
3 is often not
consists of compiling, analysing, simulating, adequate, due to lack of encouraging prospects for
modeling and predicting using huge biological database providers which is a limiting factor in the
information by application of computing anddevelopment of bioinformatics databases. The
information technologies. strategy of IP protection for bioinformatics databases
In the current information technology has become
era, more and more important for experts in
bioinformatics is growing and developing rapidly due biological science and law. 4 -6
to the robust database systems available and the vast
The Classification of Bioinformatics Databases
and increasing amount of the biological data published.
According to the contents and characteristics of
For example, there were approximately 40 million
bioinformatics databases, they can be classified as a
known gene sequences in GenBank (NIHprimary database) or insecondary database. Primary databases
2004 compared to approximately 15,000 known genes
consist of gene related data including nucleic acid,
in 1987, representing a 2,500-fold increase. 2
proteins sequences, with information about features of
Bioinformatics database is a combined producttheofnucleic acid, amino acid sequences and
biotechnology and information technology and plays a
biochemical reactions, metabolic pathway, etc.
vital role in accelerating modern life science research.
Secondary databases, on the other hand, are created
Due to the perceived importance of bioinformatics
based on primary databases and the information
databases, many countries including the United States,
derived from the primary databases. The primary and
the
ThisEuropean
expending
bioinformatics
well
These
national
*Email:
(No. asefforts
or
the
70633003) Union,
regional
a and
private
lot
Corresponding
____________
support
paper
fromis part
the have
National
of Japan,
databases,
theof growth
already
effort
sector
author:
Institute
authors India
with
in
to and
providing
made
science
study
the China
great
cjl@smail.hust.edu.cn
Natural of
doctoral Intellectual
Science
work and Property
Foundation
received have
governments,
and
and
financial
data,
secondary
databases
structure
contents
protein
Primary
Strategy
financial
of China been
contribution
construct
technology.
completely
which
databases
Magnetic
support.
sequencing,
obtained
databases
of
record
databases
as
are
DNAto
updated
are
Resonance
derived
mainly
from
and
contain
special
X-ray
have
protein
genomic
very
from
experimental
some
extremely
diffractometry
measurements.
infast.
the
that
sequence
differences.
mapping,
They
primary
their
large
results
have
contents
and
amounts
Secondary
databases.
DNA
Primary
like
Nuclear
aprotein
lotand
the
are
of
448 J INTELLEC PROP RIGHTS, NOVEMBER 2010

users and require big hard disk spacedatabases

and database
was available to countries and parties under
management systems with high efficiency. the Berne
Secondary
Convention or Trade-Related Aspects of
database have less information than the Intellectual
primary Property Rights (TRIPS) Agreement and
database and updating rates are slower. the
rightsuiwas
generis
made available only to
At present, a majority of bioinformatics makers
databases
who are nationals of EU member states
are sequence databases, including DNA,(orRN have
A their
and habitual residence in the community, or
protein sequences. There are also a lot ofcompanies
databases on formed in accordance with the law of a
gene mapping, protein structure and literature member state and having their registered office,
citations (Table 1). These bioinformatics central
databases,
administration or principal place or business
special sequence and structure databases are the most within the community).
useful types, for life science researchers. In US, copyright law is used to protect databases.
Before 1991, it was assessed whether databases can
Intellectual Property Protection for Bioinformatics
be protected by copyright, or the standards of
Databases: Transnational Perspectivesindustrious collection or sweat of the brow can be
Presently, in many countries, laws which appliedprotect
to them. Since, financial and professional
bioinformatics databases are the sameinvestments
as those that are made in obtaining and collecting the
protect other databases. The European Unionof(EU),
contents a database, it was concluded at that time
takes the sui generis route to protect thatbioinformatics
most databases can be protected by the copyright
databases, whereas in most other countries the law in USA. After 1991, stringent originality
copyright law is used. 6, 16 standards were demanded in protecting databases
In July 1995, the EU Database Directive was
through copyright law. As a result, many databases
passed which suggested a two-tier protection for
could not be protected since they did not meet the
databases. On one hand, there was the copyright to originality standards.
protect databases, whereas, on the other Thewasfactthesui
that the laws in the EU and USA are so
generis right which could be used to different,
protect the have a significant impact and the possibility
makers investment on some special but non-original
of a collaborative effort between EU and the US
databases which involved much manpower, seemsmaterial
remote. The EU may be affected by being
resources and money and can provideexcluded useful from collaborations with non-EU countries.
information to contribute to the users creative work.Thus, 17
the system of IP rights can result in
The aim of Database Directive was to protect the unintentional consequences. Due to these
database investor and for the first time to protectcontradictions, complex databases such as the
databases by a special right. A balance was worked
bioinformatics databases are not well covered by the
out as a result of which, copyright protection for database law.4
Table 1 The type of bioinformatics database
The Strategy of Intellectual Property Protection in
Type Available database Bioinformatics Database
DNA sequence database EMBL , GenBank , DDBJ
7 8 As bioinformatics databases are classified into
9

(primary) primary and secondary databases, the problem of

Genomic database (primary) GDB 10 , ACeDB, SGD
protecting these databases is very complex. Moreover,
Protein sequence database SWISS PROT 11
(primary)
due to the selection and arrangement, the contents of
Protein structure database PDB 12 , CarbBank primary and secondary databases are very different. It
(primary)
Genomic
Protein
Literature
(secondary)
Miscellaneous
Comprehensive
sequence
structure
database
database
database
database
database
databaseBioWarehouse
EcoWeb,
TrEMBL
DSSP,
DBcat,
HUMAT
BIOCAT,
TaxonomyTAED
FSSP,
MEDLINE, funding
financially
RansFacbesides
Secondly,
GENDIAG,
13 financially
method
First
, PROSITE
HSSP
15 is
characteristics
SCI,14therefore,
of
bodies,
the
LIMB,forin
all,
supported
supported
protecting
government
order
most
while
differences
necessary
primary
to
ofby
these
some
by
make
the
the
and
enterprises
database
that
databases.
governments
databases
to
secondary
the
society
take
need
datain
into
tofunding
and
There
comprehensive
are
be
strategizing
databases
account
and
considered:
individuals
commonly
arebodies.
society
some
are
thea
 CHANG & ZHU: BIOINFORMATICS DATABASES: IP PROTECTION STRATEGY 449

and authoritative, some important primary (iv) databases

The arrangement of data in primary databases
will exchange data every day through is notInternet,
uniquewhile and often uses existing formats for the
secondary databases cannot exchange data in same. most Besides, the content is an organisms
cases. Thirdly, the amount of data in primary discovered original sequence or structure data.
databases is very huge and updated quickly, Therefore, whereas,
these databases do not satisfy the criteria
the data in secondary databases is basedofon originality
a primaryfor the selection and arrangement of the
database and often require software fordatabases exploitation.contents, which leads to the fact that many
The updated rate of the secondary database data isdatabases
primary far cannot be protected by copyright
slower than that of primary database. Finally, law,
manythe traditional form of IP protection for
primary databases contents make use of prevalent or databases.
similar ways to the arrangement of data, while Thoughthethe above arguments support including
arrangement of secondary database content primary hasdatabases
a in public domain, since they are
more original design. subsidized by government or public funds, the grant
of public funds is a practice that needs to be
Bioinformatics Primary Databases re-evaluated in terms of maximizing availability of
Primary Database in Public Domain government funds.
Primary databases play an important part in
bioinformatics and form the cornerstone of Improve the Availability of the Government Subsidies for
bioinformatics research. The exploitation and creation Primary Databases
of primary databases (for instance databases The main like aim of government action is to enhance
Genbank, EMBL, DDBJ and PDB) are the carried reachoutofbybiotechnology, thereby promoting the
the government, the academia, etc. At present, development
many of and welfare of society in general. To
them do not have IP protection and are in public achieve this objective, government should provide
domain. An analysis of this arrangement financial
leads to subsidies
the to the makers of bioinformatics
conclusion that primary databases should databases.
not be As a result of these financial subsidies,
primary databases
protected by IP. The reasons for this interpretation are: can be made freely available to
(i) A significant number of primary usersdatabases
involvedare in active research. Furthermore, it can
funded by the government and utilizereduce the cost of secondary databases for researchers.
taxpayers
money, and therefore, should be laid open However, financial resources of a government are
to benefit
the public. limited and a method to improve the availability of
(ii) IP protection for primary databases will shake these limited resources is analysed below:
the foundations of research in life sciences, since;
these databases are the lifeline to scientists in the field Diffusion of Biological Information
of research gene engineering, molecular biology The diffusionand of the biologica l informa tion plays
proteomics. The use of free primary databases a very will important role in the proposed technique
promote communication among research which groups includes
and invention, creation and diffusion.
avoid tedious and expensive repetitions. Invention is the cre ation of new knowledge, new
(iii) It is difficult to confirm the source of principles, data in or new models, resulting out of
important primary databases because they are scientific research. Creation is to develop the
provided by not only the makers of the databaseinvention but further, operationalize the new
also active researchers in the field of life science. technology, For new product and at times implement
example,
sources
researchers
authors
the
results.
registration
databases.
different
againsequence
making
to
Papers
including
countries,
the
provide
18 Further,
who
ofitdata
before
sequences
difficult
are
register
the
publications
exchange
of
when
often
publication
database
Genbank
todata.
rejected
databases
in
trace
of
bioinformatics
registration
Many
the
and
data
comes
offor
source
through
is
are
their
journals
very
lack
diffusion
platform
from
biological
process
observed
Providing
governed
of
number
research
the
creating
of
frequent,
applied.
data.
many
ask
first
during
for
process
ofimportant
in
information.
by
data
commercial
athe
Inbioinformatics
whic
or
this
researcher
diffusion
in the
this
me
hprocess
biological
the
However,
chanism,
technique.
application.
and
creation
tothan
database
further
spread
there
information
diffusion
the
The
isDiffusion
creation
obtain
of
diffused
isispurpose
biological
to
a ispattern
give
newer
is
itself.
more
is
and
the
ofa
450 J INTELLEC PROP RIGHTS, NOVEMBER 2010

information. The transmission model is theThis mostmodel has been verified by a number of
appropriate to explain the diffusion process of researchers and the value of the coefficients anda)(
biological information. can be calculated based on actual data. The same
The transmission model is based on the epidemic
transmission model can be applied to the diffusion of
model. During the spread of an epidemic, biological
the numberinformation, which in turn is defined by the
of carriers initially increases and so does the rate
diffusion of
characteristics of the biological information
spreading, until the number of healthy individuals is as follows.
small when the rate of spreading startsIn declining. In
the first phase of the curve, researchers need to
case of transmission model for diffusion the utilities for the diffusion of new biological
examine
information is the variable. In the beginninginformation and and explore ways of its possible
midway during diffusion, the rate of applications.
information So the cost is high and users are less,
spread becomes faster and faster and whichmostleads
of theto the slow diffusion. But after a period
information is used, until the remaining potential
of accumulation, the value of biological information
users lack the ability to use new technology.
can be assessed, the area of technology development
Hereafter, the rate of diffusion becomes slower and
determined and the expected returns can be predicted.
slower and finally stops. The transmission In in the
the second phase of diffusion of biological
diffusion process is expressed in Fig. 1. information, more users get involved and the
Shown in the figure of the diffusion process diffusionis rate
an of biological information becomes
S shaped curve that is defined by thefaster following
and faster where the information is mostly used.
equation: In the third phase, the biological information has been
utilized sufficiently and most researchers have
d X t( X) (t )(1
X t ( )) mastered them. Meanwhile, because of the high
= -
dt diffusion, the ways to obtain the biological
information will also increase, while the research on
where X (t) is the ratio of the technology diffusion and
the biological information will decrease. The rate of
is the diffusion coefficient. the diffusion at this phase will become stable and not
The solution of the equation is change much.
The Government Strategy
1
X t (e ) 1 = +
- -a t
Considering the above model, it will be appropriate
for the government to give varying financial subsidies
When d 2X t ( ) 0 - a to bioinformatics databases depending on the
= , then t diffusion
= andphase of the biological information. Only
d 2t
1
when the funds are distributed reasonably can the
X (t ) = - a 1 is the inflexion point
financialof subsidies
the of the government be utilized more
[,]
2 2
efficiently.
curve in Fig. 1. For the first phase of biological information
diffusion which is the first slow stage of S curve
(Fig. 1), there is a lot of research on application,
which is a sensitive indicator of database cost. If cost
of using the bioinformatics database is high, diffusion
adequate
slower,
ofnumber
Fig. 1 Transmission model for diffusion processresearch.
period
The
the
But
thewhich
biological
second
and
because
financial
of
first
Therefore,
there
commercial
will
phase,
phase
of
information
are
subsidies
hinder
costs
earlier
still
the
for
ofofapplications
diffusion
agovernment
the
bioinformatics
application
lot
research
to will
of
progress
make
research
become
is breakthroughs,
up
involved
the
based
should
offor
databases
applications.
life
accelerative
slower
research.
the
provide
science
inhigh
and
the
ina
 CHANG & ZHU: BIOINFORMATICS DATABASES: IP PROTECTION STRATEGY 451

use of the biological information have already been Copyright Law

formalized. Since the cost factor is now One low, of the the most popular methods of protecting
government should reduce the financial databases
subsidies is through the copyright law. Here, a database
grant and only provide partial support is usually
to the considered as a compilation work. According
bioinformatics database. This is equivalent to the TRIPS to notAgreement, compilations of data or other
providing any subsidies to the users of material,
the secondarywhether in machine readable or other form,
databases but still supporting the userswhich of the by reason of the selection or arrangement of their
primary
database. contents constitute intellectual creations shall be
During the third phase of diffusion,protected also the asfinal such. Such protection, which shall not
stage, the diffusion and applications extend of the to the data or material itself, shall be without
biological
information are relatively mature and government prejudice to any copyright subsisting in the data or
subsidies are no longer required. Therefore, at this The
material
Berne itself.
Convention,
22 states that
stage of biological information diffusion, the collections of literary or artistic works such as
government may cancel subsidies fully encyclopaedias
and the and anthologies which, by reason of the
operation of the bioinformatics database selection can and be arrangement of their contents, constitute
regulated by the market, which willintellectual reduce thecreations shall be protected as such, without
government's financial burden. prejudice to the copyright in each of the works forming
part of Insuch a secondary
collections. database,
23 a
Intellectual Property Protection in large Bioinformatics
portion of the original data is reprocessed which
Secondary Databases involves creative labour, and further selection and
Although secondary databases have arrangement a direct of its contents are also original. They
relationship with primary databases, they also
therefore, qualify have a for protection under the copyright law.
lot of the differences. The data in a secondary Nevertheless, the main limitation of copyright
database is not simply a collection, protection but is analysed to databases is that the contents of a database
and upgraded for a section of specific users.
may be copied and rearranged electronically without
Secondary databases should be protected whether of the maker to produce a database of
authorization
funded by government or private identical funds for content the which does not infringe any copyright
following reasons: in the arrangement of the In USA,database.
the4
Primarily, the selection and a rrangeme Supreme nt ofCourt the explored the restrictions of copyright
content in a secondary database is original enough protection for Feist
compilations
Publications in Incv
to satisfy the copyright criterion unlike a prima ry Rural Telephone
. It was observed
Service Co that Facts
database . In secondary databases, the data from are not the copyrightable, but compilations of facts
primary database is reprocessed using generally are and Originality sine quais non the
of
bioinformatic s software. Sec ondly,copyright the content andofcopyright
a protection may extend only to
secondary database is what makes itthose significantly
components of a work that are original to the
different from a primary database. Thirdly, author.24 Applying
s principles, Feist copyright
secondary databases form the core ofprotection would extend only to an original selection or
bioinformatic s re search. A large pe rc entage ofinthe
arrangement bioinformatics databases. A competitor
investment in the bioinformatics sector is in
who creates his own database using individual elements
creation of seconda ry database s, reseaofrcthe h incopyrighted
them database would not infringe the
and their exploitation. If attention iscopyright not paidasto long as the competitor does not use the
theirbioinformatics
likely
government
put
be
would
profits
of
the time.
halted
governme
inprotection,
public
to
be
from
Therefore,
be
when
to cit
domain;
protect
nt.
adversely
reand
ated
funds
the
database
the
inmakers
sec
bioinformatics
related
are
turn
affected.
appropriate
ondary
sunavailable
encourage
of
which
research
these
databases,
Finally,
database
are
databases
mechanism
may
databa
at
provide
development
same
funded
and
ifaha
earn
ny
maker
all
Having
ses
,countries
ve
aselection
which
are
point
the
sufficient
significant
by
the
are
tomayunderstood
shall
have
or
gain.
database
copyright
protection
Sui arrangement
deterrent
doestablished
This
away
18that
generis law
isin
Law to
with
copyright
to
a the
as
very
protect
theany
the
database,
cause
system
bigbenefits
copyrighted
databases.
law drawback
ofcannot
ofusing
some
sui
the
452 J INTELLEC PROP RIGHTS, NOVEMBER 2010

generis law to protect databases. The sui generis provided

law is weaker than the methods already
is intended as a unique system of protection discussed. which
The database can be protected by the trade
can adapt to the development of the database secretindustry.
because the maker takes all measures to prevent
A sui generislaw can protect the interests the content of thefrom being known to public. But in this
database maker as well as the content itself. era of information technology, it is very difficult to
Although a sui generis law can protect the keep such vast biological data secret.
bioinformatics resource and benefit the investor, Secondary it hasdatabases can also be protected by the
some disadvantages. For instance, intrademark the case law. of It will however, only protect the database
British Horseracing Board Limited trademark and Othersand vnot content of the database; protecting
William Hill Organization , litigation arose
25 only overfamous the secondary databases. This method is
use of information taken from the BHB database seldomofused to protect the secondary databases.
British Horseracing Board Limited by William Hill
Organization, for the purpose of organizing betting on Contract Law
horse racing. Britains Magistrates ' Court TheofmakersJusticeof a database can also gain protection
and High Court of Justice gave similar judgments from thethat copyright law. They can prevent third parties
the defendants had infringed the BHB from database copyingby or accessing contents using contract
unlicensed use of information. The European law. UsingCourt contract
of law to protect databases is very
Justice however, ruled that the defendants useful had in anot complementary manner. For non-original
infringed the BHB database since thedatabase, BHB database the contract law almost becomes the only
was not within the scope ofsui generis mode of protection,
protection. It especially in countries that have
therefore appears that the scope of sui generis not set up a sui generic
legal or
mechanism
an anti-
protection is ambiguous and different unfair courts competition law. According to stipulations in
interpreted the content of Directive 96/9/EC the contract, the maker of the database can prevent
differently. Furthermore, the sui generis protection breach of faith and infringement.
may grant monopoly to even non-original databases, At present, Shrinkwrap licences and Clickwrap
especially information in public domain. licences Theare same two of the extensively used contracts to
problems shall also be applicable when protect this lawdatabases.
is Shrinkwrap licence is used for
employed for protection of bioinformaticsdatabases databases.in CDs and is the licence, which is put
Some other considerations include the fact down in that
writing during a products packaging. When
these rights can be enforced in a specific customers buy In
territory. the products, they have the option of
the above instance, sui generis law is onlyretaining applicable or returning the product depending on
in the European Economic Area (EEA).whether As farthey as agree or disagree with the licence. Once
corporations or unincorporated bodiesthe arebuyer uses the product, it means that he agrees to
concerned,
they must be registered in an EEA statethe or contract.
have theirClickwrap licence on the other hand is
principal place of business or a registered used for Internet databases. When the buyers want to
office
within the EEA during the creation of access the content
the database. It in the database, they should enter
follows that genomic databases created agree online
outside thewhich means that they have agreed to
EEA (e.g. the United States) do not qualify the contract.
forsui Generally, the contract determines the
generis protection.26 Also, a bioinformatics database kind of information that can be accessed or
is a contributor to improving research in science. downloaded.
However, some of the existing sui generisBioinformatics
laws databases are network databases
contain
protection
be
shall
will
information
protect
The
detrimental
Trade hinder
nottrade
secondary
regulations
become
Secret period
and
communication
andsecret
in
disturb
available
of
the
databases
which
isrenewable
Trademark long
also
scientific
Lawin
allow
an
run
ofthe
though
the
available
databases
since
development.can
public
prolongation
biological
the
and
transmitting
will
these
the
applicable
of
database,
contents
domain.
protection
means
hence
freedom
which
be
contract
databases
valid
ofcan
to
of
This
prohibit
implement
may
laws
the
ofonly
may
the
use
contract,
data.
without
database
not
include
between
Clickwrap
aInagainst
third
more
the
addition,
violating
database
or
restrictions
the
party
stringent
any
licences.
forbid
parties
third
under
from
them.
makers
downloading
terms
party.
of
on
The
accessing
However
the
the
the
and
principle
terms
contract,
than
use
users
this
the
of
or
 CHANG & ZHU: BIOINFORMATICS DATABASES: IP PROTECTION STRATEGY 453

For instance, the GENSCAN service center them2 7cannot

, follow traditional means. Since,
which provides access to its programbioinformatics Genscan for databases are classified into primary and
predicting locations and exon-intron structures secondary ofdatabases and differ in creation, selection
genes in genomic sequences from a and variety
arrangement,
of protection should take into account
organisms, has an Academic Use Licence this classification.
Agreement Primary databases should remain in
on its website. The users responsibilities
28 public anddomain
rights because they are very important for
are prescribed in the terms of Clickwrap research
licence. in life science and also since they cannot be
The contract law is a good method to protected
protect by conventional IP laws. However, they may
bioinformatics databases, especially those which are differing be offered financial subsidies through
not original and in countries where government there are noor sui public funds according to the diffusion
generislaws. Most privately created databases phaseuse ofthethe biological information. Secondary
contract route for protection. However, databases,
the terms however,
of must be protected because of the
contract should not violate current law.nature The contract
of their content and presently, contract law
shall be considered invalid if the contract contains theseems the best option for its protection.
clauses indicative of malicious collusion,Although infringesprotecting
the bioinformatics databases will
state, or a third party, harms public interest motivate or the maker and promote development, an
fraudulently projects illegal objectivesappropriate as legal. Inmethod should be selected to protect it. If
addition, the terms of contract for databases theshould
methodbeis too strict, it may be opposed by
regulated so as to not limit or deprive legal researchers.
rights of the Whatever the protection means, it should
user, prohibit unfair or unreasonable terms and beprevent
reasonable enough to allow access for non-
the imbalance of interests between the producer commercial
and uses like educational or research
user of the database. The best approach purposes.
would Admittedly,
be to the goal would be to benefit the
design each contract according to the user needs. investor as well as promote science.
Besides, the contract law also has some
shortcomings, such as (i) just as it can solve the References
dispute between two parties of a contract, there is no 1 RamsdenBioinformatics:
Jeremy J, An Introduction
edn 2
nd

provision to deal with third party disputes and (Springer-Verlag Limited, London), 2009, p.2.
(ii) the rules of contract law are rigid, and often 2 Kane Michael, Bioinformatics outstrips information
conflict with public policy and the law. Technology, Genomic and , 6 (2)
Proteomics
(2006) 32.
3 Langender fer J & Kopp S W, Which way to the revolution?
The above arguments clearly spell out thatThe consequences of database protection as a new form of
secondary bioinformatics database should be intellectual
Journal
property,
of Public Policy and
protected; only the means need to be ascertained. The Marketing , 22 (1) (2003) 83-95.
available means include use of copyright law, sui 4 McCubbin Caroline, Legal issue s in bioinformatics, Journal
of Commercial Biotechnology
, 9 (3) (2003) 249-265.
generis law, trade secret or contract law for protecting 5 Howard Elizabeth & Ramsey Gabriel, Bioinformatics
databases. In practice, it is up to the database maker to databases: Questions
Biopharm of copyright,
International,
select the suitable law to protect his work according to 11 (2002) 46-48.
the relevant situation. Comparing the various 6 Westmacott
existing Philip & Obhi Harjinder, The database right:
methods, although the contract law has some Copyright and confidential Journalinformation,
of Database
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protecting financial returns of the database maker. sequence database: Developments Nucleicin Acids
2005,
The
hence contract
infringement
database
contract
where
Conclusion
promoting
inherent law
Bioinformatics
isother
an
more
law
nature
the can
attractive
means
can
efficiently,
development
such
of prevent
comprehensive
ofbe
databases
option
used
protection
and breach
databases,
freely
for
ofplay
rights.
give
life
database
in of
ascience.
may
the
IP faith
Furthermore,
key
any maker
protection
makers.
be
role
country
Due
absent
89in
10
11 ofand
to
Yao the
for
even
the
andmtDNA Research , 34 (1) (2006) 10-15.
http://morissardjerome.free.fr/infobiogen/www.gdb.org/gdb/
Sugawara
Boeckmann
Jrgen,
29 Yong-Gang,
H,B,
Ogasawara
Blatter
Salas
data
American
Y,
36
index.html
and
biological
(2005)
DDBJ
Antonio,
(2008)
mining
Mfunctional
O,
C882-899.
&Okubo
with
Journal
D22-D24.
context,
(15
in
Famiglietti
Logan
GenBank
new
May
Nucleic
diversity:
K,
Nucleic
,ofIan,
system
85
Gojobori
2009).
Human
(6)
L,
annotation
Bandelt
needs
Acids
Acids
Protein
2009
,and
328
Genetics
Tsurveying,
Swiss
face,
Research,
Research
&929-933.
&(10-11)
variety
Tateno
Hans-
inProt
The
- its
454 J INTELLEC PROP RIGHTS, NOVEMBER 2010

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