Rights of database makers

[15/11/2022]

Court of Cassation, judgement of 05 October 2022

This interesting judgement reminds the usefulness of the sui generis protection of databases which is granted under French and European law to the database maker, namely the person, (natural or legal) who took the initiative of creating the database and made substantial financial, material or human investments related to the constitution, verification and presentation of its contents.

The case confirms, among others, that the company which did not initiate the database, but acquired it and then made the necessary investments to keep it up to date, is indeed also the holder of the rights, even if it did not take the initiative and the initial risk of creating the database.

In the age of "big data" and artificial intelligence, this is a welcome reminder.

Our staff remains at your disposal for any further information in this regard.

To see the judgement, click here.