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Sui generis right protection

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ESA / About Us / Law at ESA / Intellectual Property Rights

The sui generis right prohibits the extraction or re-utilisation of any database in which there has been a substantial investment in obtaining, verifying or presenting the data contents. Thus there is no requirement for creativity or originality. This right lasts 15 years from the date the non-creative database was made.

A sui generis right granted under this Directive does not apply to databases created by companies located outside the European Union. Therefore, until the USA pass a law, European companies have greater protection for their databases than companies in the USA.