The Copyright and Rights in Databases (Amendment) Regulations 2003

Explanatory Note

(This note is not part of the Regulations)

The Regulations implement the provisions of an Agreement in the form of an exchange of letters between the United Kingdom of Great Britain and Northern Ireland on behalf of the Isle of Man and the European Community extending to the Isle of Man the legal protection of databases as provided for in Chapter III of Directive 96/9/EC(1), signed at Brussels on 26th March 2003(2). This Agreement comes into force on 1st November 2003.

The Copyright and Rights in Databases Regulations 1997 (S.I. 1997/3032) (“the 1997 Regulations”) provide for a free-standing database right in some databases, a maker of which is connected in the specified way with an EEA state (as defined in section 172A of the Copyright, Designs and Patents Act 1988 (c. 48)). These Regulations extend the protection of Part III of the 1997 Regulations to databases, a maker of which is connected in the same way with the Isle of Man. As a result of these Regulations, the amended 1997 Regulations will apply the same database right to Isle of Man databases as they do to EEA databases. Database right in Isle of Man databases will therefore be of the same duration as that provided for EEA databases, and will apply to databases made before and after 1st January 1998, in line with the existing provisions in the 1997 Regulations. For qualifying Isle of Man databases made on or after 1st January 1983, and before 1st January 1998, protection will run for 15 years from 1st January 1998, as for qualifying EEA databases made during this period. However, in respect of Isle of Man databases there is a general saving in relation to agreements made before 1st November 2003; in particular acts done in pursuance of such agreements whether before or after this date are not regarded as infringing database right.

(1)

OJ No L 77, 27.3.1996, p 20.

(2)

OJ No L 89, 5.4.2003, p 12; Cm 5836 Treaty Series No 19 (2003).