Database Directive

[2] Article 1(2) defines a database as "a collection of independent works, data or other materials arranged in a systematic or methodical way and individually accessible by electronic or other means".[1] Under Article 3, databases which, "by reason of the selection or arrangement of their contents, constitute the author's own intellectual creation" are protected by copyright as collections: no other criterion may be used by Member States.This follows from the 1994 Agreement on the Trade-Related Aspects of Intellectual Property Rights (TRIPS), a widely adopted treaty to which all World Trade Organization members are party.The European Court of Justice (ECJ) ruled in 2004 that the resources used for the creation of materials which make up the contents of a database are not protected and BHB duly lost their litigation.[7] An ECJ ruling (ECLI:EU:C:2021:434) in June 2021 markedly raised the threshold for infringement to occur: a claimant now needs to establish that an alleged "substantial extraction" also caused "significant detriment" to its investment in that database.
European Union directiveEuropean ParliamentCouncilJournalCommissiondirectiveEuropean Unioncopyrightinternal marketTreaty of Romedatabasessui generisData ActDirective 91/250/EECAgreement on the Trade-Related Aspects of Intellectual Property RightsWorld Trade OrganizationBerne Convention for the Protection of Literary and Artistic Worksexhaustion of rightsDirective 93/98/EECEU copyright case lawBritish Horseracing BoardEuropean Court of JusticeextractionLatvian