Reconciling the Non-Personal Data Framework with Database Protection in India - Part II

About the author:

Muskan Tibrewala is a 5th year law student at Jindal Global Law School. Their research interests are technology law, digital constitutionalism and queer theory. Pavan Kalyan is a 4th year law student at Jindal Global Law School. His research interests are technology law, international trade law and dispute resolution.

In Part I, we examined the implications of the recommendations regarding mandatory sharing of databases in the report in relation to the database protection regime in India-specifically, the Copyright Act and the Information Technology Act. In this part we explore the mandatory database sharing regime espoused by the report with regard to India’s obligations under the TRIPS. We argue that the report must be reconsidered in light of the inconsistencies with the TRIPS obligations. Lastly, we make a case for the introduction of a sui-generis database protection regime in India to balance economic incentives and growth that can be achieved through database sharing. This we argue, will better allow the realization of the goals of the NPD Recommendations.

Compliance of Mandatory Sharing of Copyrightable Databases under TRIPS

As explained previously, the draft report recognizes three different classes of private non-personal data to be shared in different ways: