Sui Generis Database Rights in The UK
There are two types of intellectual property protection for databases: sui generis database rights (or just ‘database rights’) and copyright. Both are automatic, unregistered rights that allow the owner to control certain uses of their databases. Copyright protects the selection or arrangement of material in a database where this is original (i.e. ...
Sui Generis Database Rights in The EU
Under the EU Database Directive eligible databases receive protection in all European Economic Area (EEA) member states. Only databases made by EEAnationals, residents or businesses are eligible. UK citizens, residents, and businesses are not eligible to receive or hold database rights in the EEAfor databases created on or after 1 January 2021. UK ...
Existing Sui Generis Database Rights
Database rights that existed in the UK or EEA before 1 January 2021 (whether held by UK or EEA persons or businesses) will continue to exist in the UK and EEAfor the rest of their duration. These rights are guaranteed under the Withdrawal Agreement. Those in the UK who wish to use databases protected by these rights need the permission of the right...
What is the sui generis database right?
The Sui Generis Database Right and the proposed Data Act Last week the European Commission published its proposal for a Data Act. The proposal is the second major element of the European Data Strategy presented in 2020 and complements the Data Governance Act that is expected to be formally adopted this spring.
What are the legal rights of a database?
On 11 March 1996 the Council of the European Union passed Directive 96/9/EC of 11 March 1996 on the legal protection of databases, giving specific and separate legal rights (and limitations) to certain computer records. The law calls these database rights.
What are the copyright and rights in Databases Regulations 1997?
On 1 January 1998, The Copyright and Rights in Databases Regulations 1997 came into force, which implemented the EU Database Directive. These regulations made a number of amendments to the Copyright, Designs and Patents Act 1988 with respect to databases, a database being defined as
The Internet and the Emerging Importance of New Forms of