Database Rights

In the modern economy, data is one of the most valuable business assets. Databases, whether containing customer information, research data, financial records, or product catalogues - represent substantial investment in collection, verification, and organisation. Database rights exist to protect this investment from unauthorised use, extraction, or reproduction.

Database protection is essential for companies operating in information-heavy industries such as finance, retail, healthcare, and technology. It safeguards both the structure and the contents of databases, ensuring that businesses can control and monetise their data responsibly and lawfully.

‍

Legal and Commercial Framework

Database rights in the UK are protected under the Copyright and Rights in Databases Regulations 1997, which implemented the EU Database Directive (96/9/EC). These rights operate in parallel with copyright, though they protect different aspects of a database.

A database right arises automatically when there has been a substantial investment in obtaining, verifying, or presenting the contents of the database. Protection lasts for 15 years from the date of completion but can be renewed if significant updates are made.

Copyright may also subsist in the structure or selection of a database if the arrangement demonstrates originality. Together, these rights offer a dual layer of protection against unauthorised extraction, copying, or reuse.

‍

Typical Issues and Considerations

Disputes often arise where data is copied or extracted without permission, particularly in digital industries where large-scale scraping and replication can occur with ease. Questions of ownership and authorship can also be complex - especially where multiple contributors, contractors, or third-party data sources are involved.

Businesses must also navigate the interface between database rights, copyright, and data protection law, ensuring compliance with regulations such as the UK GDPR when collecting and processing personal data.

‍

How We Can Help

Culbert Ellis advises businesses and institutions on protecting and leveraging their data assets, offering services including:

• Assessment and registration advice to secure and document database rights.
• Enforcement and defence against unauthorised copying or extraction of data.
• Drafting and negotiation of database licensing and data-sharing agreements.
• Advising on ownership and authorship, particularly in collaborative data projects.
• Data protection compliance advice, ensuring alignment between IP and regulatory obligations.

Our team combines intellectual property expertise with commercial and regulatory insight, helping clients secure, commercialise, and protect the value of their data-driven operations.

‍

Free Initial Discussion

If you require advice or representation relating to database protection, ownership, or enforcement, contact us for a confidential discussion with one of our intellectual property specialists.