How do I deal with database extraction and re-utilisation?

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Published on LexisPSL on 04/12/2013

The following IP Q&A provides comprehensive and up to date legal information covering:

  • How do I deal with database extraction and re-utilisation?
  • Protection of investment
  • Bringing a claim—the risks
  • Confirm the extraction
  • Diagnostics and evidence
  • Defences
  • Cease and desist
  • Data protection
  • Key legislative provisions
  • Key cases

Protection of investment

A database right in a database is infringed if an alleged infringer extracts or re-utilises all or a substantial part of its contents or where systematic extraction or re-utilisation of insubstantial part of the contents of the database amounts to the extraction or re-utilisation of a substantial part of those contents. The right to prevent extraction and re-utilisation stems from the database right that protects the investment of the maker of the database in the arrangement and verification of it. This protection of investment is the main point for the client to understand.

The protection is not given to the investment in the creation of information but on investment made in the generation of a database as a storage and processing tool for information. 'Substantial investment' is an investment that is considerable in, for example, financial, human or technical resources in a qualitative (intellectual effort or energy) or quantitative sense, or both (see the Directmedia case).

Bringing a claim—the risks

Database right arises naturally (without a need to register) in a database where there has been substantial investment in obtaining, verifying or presenting its contents. Not all databases are protected b

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