Case Nos: IL-2023-000080 and IL-2024-000038 - [2025] EWHC 2561 (Ch)

Fecha: 10-Oct-2025

Transitional provisions

Transitional provisions

84.

The Directive provides that databases shall continue to be protected by copyright as well as the sui generis database right introduced by the Directive. The Directive has provisions on copyright law. The Database Regulations amended the 1988 Act accordingly.

85.

In the case of some Member States, such as the UK, the criteria for originality in the Directive are more exacting than those which had applied under national law. The change had the potential to affect copyright protection for existing databases, so this was ameliorated by transitional provisions. Reg.29 of the Database Regulations provides:

‘29. (1) Where a database—

(a)

was created on or before 27th March 1996, and

(b)

copyright shall continue to subsist in the database for the remainder of its copyright term.

(2)

In this Regulation “copyright term” means the period of the duration of copyright under section 12 of the 1988 Act (duration of copyright in literary, dramatic, musical or artistic works).’