DATA BASE 1 A new property right * Before a protection by unfair competition, or concept of misappropriation * A will of uniformisation * Datas are a valuable market * Copyright was too restrictive

2 An european originality An original protection by a sui generis right devoted to protect investors This is a related right to copyright But a refusal outside of Europe

3 Relations with other property rights Without prejudice of copyright or other intellectual rights Consequences in case of infringement

4 Scope of protection a) Who is protected ? Not the creator of content but the producer or maker of the base Whith a condition if the producer is non member of EU Employer and employee

Scope (next) b) What is protected ? Definition of database Necessity of an investment A substantial investment Precisions by CJ : decisions of 9 th november 2004 : no spin-off

Scope (next) c) When ? Duration of protection 15 years Start Extra time

5 Sphere of law protection a)Restricted acts Art 5 Reproduction, distribution, communication to the public….

5 Sphere of law protection (next) b) Exceptions to the restricted acts Art 6 examples

Sphere of protection (next) c) Object of protection Art 7 Prohibited extraction of a substantial part qualitatively or quantatively of the base Notion of substantial extraction Exhausted right Notion of non substantial but repeated extraction

Varieties Renting of database : reference to directive rental and lending rights (2006) Sanctions and remedies : reference to national laws art 12 Competition law : the directive is whitout prejudice of competition law ans for example dominant position Contracts : transfer, or license are possible art 7.3