Ole Streicher <[email protected]> writes: > 2. "Sui Generis Right": By accounting the investment to create the > database.
One thing to add here is article 11: | Beneficiaries of protection under the sui generis right | | 1. The right provided for in Article 7 shall apply to database whose | makers or rightholders are nationals of a Member State or who have | their habitual residence in the territory of the Community. | | 2. Paragraph 1 shall also apply to companies and firms formed in | accordance with the law of a Member State and having their registered | office, central administration or principal place of business within | the Community; however, where such a company or firm has only its | registered office in the territory of the Community, its operations | must be genuinely linked on an ongoing basis with the economy of a | Member State. | | 3. Agreements extending the right provided for in Article 7 to | databases made in third countries and falling outside the provisions | of paragraphs 1 and 2 shall be concluded by the Council acting on a | proposal from the Commission. The term of any protection extended to | databases by virtue of that procedure shall not exceed that available | pursuant to Article 10. As far as I know, there is no extension agreement with the US. So, JPL as the database maker cannot protect the database by article 7. Also, the protection in article 7 expires after 15 years (article 10). The databases DE200 and DE405 are however created 1981 and 1998; so they cannot be protected on this base. Best regards Ole
