The data bases are protected on both grounds :
. their contents is protected by a special regulation according to the European Directive 96/9/CE transposed in France in Articles L.341-1 to L.341-2, L.342-1 to L.342-5 and L.343-1 to L.343-4 of the Intellectual Property Code ; and
. their "form" (the choice or the arrangement of the matters/elements) in the base is protected by the copyright (L. 112-3).
No filing prosecution is necessary.
However, it is advisable to date the database for example by obtaining an IDDN certification before InterDeposit.
1) The contents (L.341-1 to L.341-2)
. Condition concerning the base (L.341-1).
The constituting, the verification or the presentation of the contents of the base reveal a substantial financial, material or human investment.
No novelty nor originality condition is required.
The protection is granted for the benefit of the producer of the base (the one who takes the initiative and the risk of the investments) if he belongs to a State of the European Community (L.341-2).
. Duration (L.342-5)
The contents of the base is protected for 15 years from the first of January following the completion of the data base.
A new substantial investment starts a new protection for 15 years.
. Scope of the protection (L.342-1 to L.342-5)
The producer of the database or his beneficiary may forbid :
- the extraction or the re-use of the whole or of a qualitatively or quantitatively substantial part of the base (L.342-1) ;
- the repeated and systematic use or re-use of qualitatively or quantitatively non-substantial parts of the base (L.342-2).
. Infringement seizure
According to Article L. 332-4, the infringement seizure of a database deemed as infringing is carried out under an order issued on request by the President of the first instance Court. The infringement seizure must be followed by a writ of summons (civil proceedings) or by a citation (criminal proceedings) within 15 days.
At the request of the titular of the rights, a police commissioner may carry out an infringement seizure.
2) The arrangement
The databases are considered as works of the mind subject to the copyright in order to protect the choice or the arrangement of the matters (the collected elements).
Contrary to the software, the databases have not made the subject-matter of special provisions.
. Condition of protection
It results that the protection will be granted for the arrangement of a database if it is original (if it bears the impression of the author).
. Titularity
For a database made by an employee, the rights are not necessarily transferred to the employer.
. Duration : 70 years after the death of the author (L. 123-1 to L. 123-12).
. Scope of the protection
Are prohibited :
- any complete or partial reproduction, performance or dissemination (L. 335-3) ;
- any copy or reproduction of an electronic base when the latter has been disclosed (L. 122-5)
. Infringement seizure
(see the paragraph "Infringement seizure of the above item 1) )
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