Briefs

LONDON - Many genomics companies, hoping to recoup their investments in high throughput technologies, have created huge databases of gene sequences for which they charge subscription fees. Databases lie at the very heart of the bioinformatics universe. But are US companies missing out on opportunities to protect their investments.

In the United States, innovators have traditionally relied on copyright and confidential-information rights to protect their databases. In Europe, however, database owners have a novel weapon: the database right.

But there's a catch: Database innovators must have sufficient nexus with Europe--actually, the European Economic Area, or EEA--in order for their databases to qualify for protection.

As a point of standard definition, the maker of the database is the person who takes the initiative and the risk of investing in it, so sub-contractors are excluded from the definition of maker. Also, the maker of the database should be a national or resident of EEA.

Owners of databases that contain genetic information can either rely on copyright to protect their work or they can try to keep it secret and hope for the law of confidential information to keep it safe. But European-based genomics, proteomics, and bioinformatics enterprises will benefit from the extra protection afforded by the relatively new database right.

See the full article at http://www.genomeweb.com/articles/view.asp?Article=200241213756