Database Rights

Database rights form part of intellectual property law, alongside copyright, trade mark rights, design rights, trade name rights, related rights and patent rights. Database rights protect collections of independent elements, such as data, works or other materials, which are arranged in a systematic or methodical way and are individually accessible.

To qualify for protection under database rights, a substantial investment must have been made in compiling the database. This may be a qualitative or quantitative investment. As a result, the maker of the database has the exclusive right to extract and re-utilise its contents.

What is a database?

A database is a collection of elements arranged in a systematic way. This may, for example, consist of music files, photographs, software, customer databases and various other types of data.

Database rights protect against the extraction and re-utilisation of a substantial part of the data contained in a database. In the Netherlands, database rights are implemented in the Dutch Databases Act. Individual elements contained in a database may also be protected under the Dutch Copyright Act.

When is your database legally protected?

To qualify for protection under the Dutch Databases Act, a database must satisfy certain requirements. These requirements are:

A collection of independent elements which…
Are arranged according to a particular system or method; and
Are individually accessible by electronic or other means; and
In respect of which the maker has made a substantial investment.

The investment does not necessarily have to be financial in nature; it may also consist of time spent collecting and organising the contents.

Who owns the database right?

The database right belongs to the maker of the database. The right arises automatically when the database is compiled, and the maker has the exclusive right to extract and re-utilise its contents. In this respect, database rights are similar to copyright, which also arises upon creation.

Duration of database rights: how long are my databases protected?

Database rights apply for a period of 15 years and are renewed for a further 15 years following each substantial investment. In this way, protection may be obtained for a further 15 years each time substantial changes are made to the database.

Why instruct our database rights lawyers?

Determining whether a database is protected by database rights and which legislation applies can sometimes be complex. Legal advice from a lawyer specialising in database rights is therefore advisable in matters of this kind.

Our database rights lawyers have the necessary knowledge and experience of the legislation and practice relating to database rights. This enables us to provide you with the appropriate information and assist you in determining your rights and obligations.

We can also assist you in drafting agreements and policies governing the use of your database, thereby providing better protection for your interests.

A database rights lawyer can also assist you in taking legal action, such as commencing proceedings where your rights have been infringed. Please feel free to contact us to discuss this.