Does EU sui generis database law protect only databases created in the EU or also foreign databases?
<p>The EU has it's sui generis database law that provides intellectual property protection that goes beyond copyright. Does this apply to databases that are created outside of the EU and used within the EU?</p>

<p>Strictly speaking, it appears databases created outside the EU can in fact be given <em>sui generis</em> protection, but only if the creator/rightholder is an EU citizen/resident. This is found in Article 11(1) of the <a href="http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:31996L0009&amp;from=EN" rel="nofollow">Database Directive</a>:</p>

<blockquote>
  <p>The [<em>sui generis</em> right] shall apply to
  database [sic] whose makers or rightholders are nationals of a
  Member State or who have their habitual residence in the
  territory of the Community.</p>
</blockquote>

<p>Paragraph (2) extends this protection to businesses operating in the EU. Paragraph (3) allows for future extension of this right to foreign databases, though I'm not aware of this having happened.</p>

intellectual-property