Database manufacturer law
The database manufacturer right (also sui generis right for databases ) is a right to protect investments in database works . It is based on the database directive 96/9 / EC and was implemented in Germany on January 1, 1998 by the Information and Communication Services Act (IuKDG).
Protection purpose
The purpose of database manufacturer law is to protect investments in databases . The need to protect databases has increased in the digital age as it is becoming easier and easier to copy data on a large scale. The database manufacturer law is intended to prevent investments in non-creative databases from being skimmed off by competitors without infringing the law. This is to encourage investment in data collection.
Protection requirements and subject matter
Protection arises when there is a database and when the acquisition, review or presentation of the data is based on a substantial investment. A database is a collection of works, data, or other independent elements, organized systematically or methodically and individually accessible by electronic means or otherwise. The database is not protected against any intervention, but only against the removal and re-use of essential parts. For example, anyone who uses map material from a third-party database by framing map excerpts without having a valid license is liable for damages.
criticism
It is sometimes alleged that the database manufacturer law has failed to meet its competition policy objective of promoting investments in databases. The EU confirmed this in an evaluation report in the 2010s.
Individual evidence
- ↑ BGH, (final) judgment of June 29, 2009 , Az. I ZR 191/05, full text.
- ↑ BGH, (partial) judgment of April 30, 2009 , Az. I ZR 191/05, full text.
- ↑ KG Berlin, judgment of March 21, 2012 , Az. 24 U 130/10, full text.
- ↑ Evaluation report (PDF; 422 kB).
