Protecting databases

The need to distinguish between the creation of building blocks and specific investments

In a ruling dated 12 November 2015, the Court of Cassation reiterated that, in order to justify a rejection of database protection, it is not sufficient to consider that the producer of a database has not provided proof of specific investment in the creation and constitution of the said database, but that it is necessary to define precisely which investments linked to the collection of data and their dissemination fall under the creation of the elements constituting the content of the database and which investments fall under investments specific to the creation and constitution of the database.

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