The sui generis right belongs to the producer of the database, who is therefore the right holder.
The database producer is the natural or legal person who took the initiative and risked the investments that are at the origin of the database.
If a database is created in the context of an employment contract, the sui generis right holder is in principle the employer, given that he made the financial investment necessary for protection - by paying for the salary and the tools provided to the employee.
If the database is created on behalf of a client (commission contract), the client is the database producer as he takes the initiative and pays the cost of the commission.
Last update
24 March 2022
