[Ecommerce] Evaluation of EU rules on database

[Manon Ress]

QUOTE
the evaluation finds that the economic impact of the =93sui generis=94
right on database production is unproven.
END OF QUOTE

More studies to come.

See: Intellectual property: evaluation of EU rules on databases

http://europa.eu.int/rapid/pressReleasesAction.do?reference=3DIP/
05/1567&format=3DHTML&aged=3D0&language=3DEN&guiLanguage=3Den

Reference:  IP/05/1567    Date:  12/12/2005
IP/05/1567

Brussels, 12 December 2005

Intellectual property: evaluation of EU rules on databases

The European Commission has published an evaluation of the protection
EU law gives to databases. EU law protects databases by copyright if
they are sufficiently creative. Other databases, especially those
that are compilations of information or commonplace data, such as
telephone directories, music charts or football match listings, may
benefit from a new form of protection introduced by the 1996 Database
Directive. This protection is known as the 'sui generis' database
right, i.e. a specific property right for databases that is unrelated
to other forms of protection such as copyright. The evaluation
focuses on whether the introduction of this right led to an increase
in the European database industry's rate of growth and in database
production. It also looks at whether the scope of the right targets
those areas where Europe needs to encourage innovation. Stakeholders
are invited to comment on the evaluation by 12 March 2006.

Internal Market and Services Commissioner Charlie McCreevy said:
"Databases are an important part of Europe's economy in the
information age. I want to make sure that EU rules encourage the
development of this sector. This evaluation helps ensure that we are
on the right track. I now call on the industry and other stakeholders
to comment and tell us more about how EU database rules affect them."

The evaluation was conducted on the basis of two information sources:
first, an online survey addressed to the European database industry
carried out by the Commission in August and September 2005; and
second, the Gale Directory of Databases (=93the GDD=94), which is the
largest existing database directory and contains statistics
indicating the growth of the global database industry since the
1970s. Individual views expressed outside the stakeholder survey were
also taken into account.

On the basis of the information available, the evaluation finds that
the economic impact of the =93sui generis=94 right on database production
is unproven. However, the European publishing industry, consulted in
the online survey, argued that =93sui generis=94 protection is crucial to
the continued success of their activities. In addition, most
respondents to the online survey believe that the "sui generis" right
has brought about legal certainty, reduced the costs associated with
the protection of databases, created more business opportunities and
facilitated the marketing of databases.

Therefore, further evidence on the usefulness of "sui generis"
protection needs to be gathered. The staff working paper invites
stakeholders to submit their views and comments and to provide
further evidence on the economic impact of "sui generis" protection.
The evaluation is available at:

http://europa.eu.int/comm/internal_market/copyright/prot-databases/
prot-databases_en.htm

************************************************
Manon Anne Ress
manon.ress@cptech.org,
www.cptech.org

Consumer Project on Technology
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