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Database right

A database right is a sui generis property right, comparable to but distinct from copyright, that exists to recognise the investment that is made in compiling a database, even when this does not involve the "creative" aspect that is reflected by copyright.[1] Such rights are often referred to in the plural: database rights.

The TRIPS Agreement requires that copyright protection extends to databases and other compilations if they constitute intellectual creation by virtue of the selection or arrangement of their contents, even if some or all of the contents do not themselves constitute materials protected by copyright.[2] Many countries act in accordance with this requirement, as databases are protected by copyright if this condition is met, and there is no separate intellectual property right protecting databases (or any aspects of them) that do not meet the conditions for copyright protection. The database right extends protection over databases which does not depend on the condition required for copyright protection, and is recognised only in a small number of jurisdictions, most notably the European Union.

  1. ^ "The Copyright and Rights in Databases Regulations 1997". UK Government. A property right ("database right") subsists, in accordance with this part, in a database if there has been a substantial investment in obtaining, verifying or presenting the contents of the database. United Kingdom implementation of the EU directive. Section 13 (1).
  2. ^ Article 10.5, TRIPS Agreement. See WTO Overview of TRIPS Agreement

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