Databankenrecht
Database Law
The database right is the sui generis right that protects the maker of a database against the unauthorised extraction of its contents. It affords an exclusive form of protection, alongside copyright, for substantial investments in obtaining, verifying or presenting data.
The database right, as established in the Database Act implementing the European Database Directive, confers on the maker of a database the exclusive right to exploit its contents. This right arises upon a qualitatively or quantitatively substantial investment and endures for fifteen years.
The significance of this right lies in encouraging investment in databases by affording temporary protection against systematic extraction or re-utilisation by third parties. Without such protection, the economic value of collected data could readily be undermined.
In practice, the database right is frequently invoked in disputes concerning customer databases, online platforms or scientific collections, where courts examine whether a protectable investment exists and whether unauthorised appropriation has occurred.
“The company successfully relied on its database right to prevent a competitor from taking over a substantial portion of the compiled customer data.”
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