What rights does sui generis protection give?

The sui generis right grants its holder two categories of rights:

1. the right to prevent the extraction of either all or a substantial part of the database. The term “extraction” refers to the permanent or temporary transfer of the whole or a substantial part of the contents of the database to another medium, by any means or in any form. It implies that some degree of choice or individual appreciation of the content to be extracted is made.

What are the conditions for the sui generis protection of a database?

The sui generis protection of databases applies if a substantial investment was made in obtaining, verifying and presenting its contents. A substantial investment is to be understood as a financial and/or professional investment, which may consist in the deployment of financial resources and the expending of time, effort and energy made in obtaining and collecting the contents.

What are the conditions for the copyright protection of a database?

Copyright protection applies to databases that are creative/original in the selection and/or arrangement of the contents and constitute their authors’ own intellectual creation.

Copyright protection is granted to the author and expires 70 years after the author’s death.

Copyright protection has an international character – databases are protected by copyright in almost all countries in the world. The modalities of such protection may however vary from jurisdiction to jurisdiction.

What is a database?

In the meaning of the European Union Directive 96/9/EC on the legal protection of databases,the term database refers to a collection of independent works, data or other materials, which have been arranged in a systematic or methodical way, and have been made individually accessible by electronic or other means. In the meaning of the Directive the data or materials:

- must not be linked, or must be capable of separation without losing their informative content;