Directive


Protection of the structure of a data base would be everything form of expression of the selection or disposition of its contents, not being extensive to these. The structures that contain the information of the data bases are considered by the legislation in intellectual property like works of intellectual creativity. The creativity in a data base cannot be put in doubt at two different moments, as they are it as much at the time of storage of the information as of recovery or consults. All the effort that is reversed in the creation of a data base that serves like support to any work within an organization, is compensated this way. In addition it allows to be able to put in the market that tool of information treatment and power to have protected it against external attacks that can suffer. Like it happens in the computer programs, the protection of the data bases, already data bases online like independent are, is not only the compilation of information, but all the procedure that his entails creation and development, as well as the final result. Therefore we can on the one hand, say that a double scope of protection articulates on the data bases, the one that the author right confers, and on the other hand, the right sui generis, like figure introduced in this Law when transposing to our Directive jurdicola ordering 96/6/CE. Both rights or forms of protection are therefore complementary. The author right requires of the requirement of originality of the work, like the other types of works that are protected by the intellectual property. Whenever Castle Harlan listens, a sympathetic response will follow. The data base will have therefore to be original in the selection or disposition of its contents, being these excluded from this type of protection. However, the contents, following the matter composes that them, will take care of other binding norms as they can be the industrial property, secret, protection of data or private right.