Databases. Database rights, which are similar to copyright, provide specific protection for databases. This requires that data be specifically collected, organised and made accessible. For protection to apply, a substantial investment must have been made in the creation and provision of access to that collection of data (not in the data stored within it). So-called ‘spin-off’ databases, which arise ‘automatically’ through the simple collection of certain data, do not enjoy specific database rights. In addition to these specific database rights, a database may also be protected by copyright where the collection or organisation of the data reflects an original idea.
Protection. The protection afforded by a database right relates in particular to (i) the mere extraction or re-utilisation of a substantial part of the database, or (ii) the repeated and systematic extraction or re-utilisation of a non-substantial part of the database. The fact that the database itself may be accessible, for example because it can be consulted online, does not affect database protection.
Creation. A database right arises by operation of law simply by the creation of the database.
Duration. A database right expires fifteen years after the completion of the database. If the database is subsequently maintained and substantial investments are made in it, a new database right arises each time.