Databases are likely to receive twofold protection:

  1. A specific “sui generis” right protects the content of the database, i.e. all the data that it contains. This sui generis right (or database right) can protect databases, even if they are not original.

    The purpose of this sui generis right is to protect the investments made in the sector and to prevent competitors from copying database content.

    The provisions on the protection of databases by the sui generis right can be found in section 7 of Book XI of the Code of Economic Law.

  2. Copyright protects the structure of the database if it is original.

    The possibility of copyright protection is not sufficient for databases because many databases do not meet the originality requirement since they are intended to have a methodical or exhaustive presentation.

    The protection of databases by copyright is regulated by section 5 of Book XI of the Code of Economic Law.

If the requirements for each of these protection systems are fulfilled, the systems can be used in an accumulated manner. That means that a database can be protected by both the database right (sui generis right) and copyright.

Last update
24 March 2022