What are the conditions for the sui generis protection of a database?

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The sui generis protection of databases applies if a substantial investment was made in obtaining, verifying and presenting its contents. A substantial investment is to be understood as a financial and/or professional investment, which may consist in the deployment of financial resources and the expending of time, effort and energy made in obtaining and collecting the contents.

The collection of data should be contained in a fixed base, which includes technical means – electronic, electromagnetic or electro-optical processes or other means – index, table of contents, plan or method of classification, to allow the retrieval of any independent material contained therein.

Database protection can apply to both electronic and non-electronic (paper) databases as well as both static and dynamic databases.

The term of protection of the sui generis right is 15 years following the database’s completion. However, if the database is published during this time, the 15-year term will start running from the publication date.

If a new substantial investment is made to an existing database (updates or supplements), the creator will have a new right to the altered database or its substantial part.