Dual Protection

Protection of a database structure would be any form of expression of the selection or arrangement of their contents, not being extended to them. Structures containing the information of the databases are considered by the legislation on intellectual property such as works of intellectual creativity. Creativity in a database cannot be put in doubt at two different times, as they are both at the time of the storage and retrieval or query. The effort invested in the creation of a database that serves as support for any work within an organization, be rewarded in this way. Also allows to put that tool’s treatment of information in the market and to have her protected against external attacks that could suffer. As it happens in the computer programs, the protection of databases, whether they are databases online as autonomous, is not only collecting information, but the entire procedure that entails the creation and development, as well as the final result. Therefore we can say that he articulates a double scope of protection on databases, on the one hand, which confers copyright, and on the other hand, the right sui generis, as Figure inserted in the Act to transpose our juridicola system Directive 96/6/EC.

Both rights or forms of protection are therefore complementary. Copyright requires originality of the work requirement, like other types of works that are protected by intellectual property. The database should therefore be original in the selection or arrangement of their contents, these excluded this type of protection. However, the contents, depending on the subject making them up, will attend other binding standards such as industrial property, secrets, data protection or private law. Copyright protection also extends to the elements that are necessary for the operation or consultation of databases such as thesaurus systems Indexing; though yes they will be protected by the sui generis right. The sui generis right on database aims to protect the substantial investment, evaluated qualitatively and/or quantitatively, that its manufacturer performs either financial means, use of time, effort, energy or others of a similar nature, for the obtaining, verification or presentation of their contents.

Addition, the protection offered by such right would also fall on further substantial changes that occur in a data base, provided that they comply with all requirements that grant such protection to a database. The sui generis right is independent with regard to the protection afforded to its content by legislation which applies, as it happens with any other type of work protected by copyright. In addition, it is important to note that it is not an absolute right, but it is expressly envisaged a series of legally priced exceptions. The beneficiary of the sui generis protection It would be the manufacturer of the database, either physical person as legal, which has taken the initiative and assume the investment risk. This type of law arises at the moment in which completes the creation of the database and has a duration of 15 years from January 1 the following year ended the process. This right would not be of application prior to the completion of the database. Any change that is made on the basis of data and involves a substantial new investment, generated a new term of protection of 15 years for the new derived base, product modification. In this way, the protection of the database could extend indefinitely; consequence of the permanent update of the database.

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