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Une analyse économique de la protection contractuelle des bases de données


  • Estelle Derclaye


What is the best protection, from an economic point of view, for the investments in databases? This is the general question addressed in this article. In particular, one asks whether a database producer can, and should, use contractual arrangements to obtain an additional protection on top of the protection already given by IP law. Combining an economic and a legal approach, the article examines to which extent IP law and contract law are complements or substitutes, and how they should be combined so as to promote the optimal level of investment in database creation. JEL code – L51, L63, L88, 034.

Suggested Citation

  • Estelle Derclaye, 2006. "Une analyse économique de la protection contractuelle des bases de données," Reflets et perspectives de la vie économique, De Boeck Université, vol. 0(4), pages 49-73.
  • Handle: RePEc:cai:rpvedb:rpve_454_0049

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    References listed on IDEAS

    1. Carl Shapiro, 2001. "Navigating the Patent Thicket: Cross Licenses, Patent Pools, and Standard Setting," NBER Chapters,in: Innovation Policy and the Economy, Volume 1, pages 119-150 National Bureau of Economic Research, Inc.
    2. Richard Gilbert & Carl Shapiro, 1990. "Optimal Patent Length and Breadth," RAND Journal of Economics, The RAND Corporation, vol. 21(1), pages 106-112, Spring.
    3. Denicolo, Vincenzo, 1996. "Patent Races and Optimal Patent Breadth and Length," Journal of Industrial Economics, Wiley Blackwell, vol. 44(3), pages 249-265, September.
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    JEL classification:

    • L51 - Industrial Organization - - Regulation and Industrial Policy - - - Economics of Regulation
    • L63 - Industrial Organization - - Industry Studies: Manufacturing - - - Microelectronics; Computers; Communications Equipment
    • L88 - Industrial Organization - - Industry Studies: Services - - - Government Policy


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