La protección jurídica de las bases de datos frente al text & data mining.

Abstract

Intellectual property is a broad notion encompassing creations originating from the human spirit, safeguarding these intangible intellectual assets. Among these creations, databases can be found, which currently play a pivotal role in the success of the information society, facilitating access to the information services they contain. Given the foregoing, protection of databases by means of intellectual property is highly necessary in order to promote innovation and advancement. The international community is aware of this need; consequently, these databases are endowed with a regime of copyright protection, recognized both at the international and national levels. However, it must not be denied that such protection is insufficient in the domestic legislation. This could lead to scenarios where tools designed for the extraction of substantial amounts of data, such as text and data mining, could not only make an appearance but also portray challenges in terms of copyright for the creators of these databases. Therefore, it is of paramount importance to strike a balance between the efficiency of text and data mining and its application in databases, coupled with the proposal of specialized protection that enables the authors of the same to uphold their moral and exploitation rights.