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The Copyright and Rights in Databases Regulations 1997
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- UK Statutory Instruments
- 1997 No. 3032
- PART III
- Regulation 18
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Changes over time for: Section 18
Version Superseded: 31/12/2020
Alternative versions:
- 01/01/1998- Amendment
- 01/11/2003- Amendment
- 01/11/2003
Point in time - 31/12/2020- Amendment
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Qualification for database rightU.K.
18.—(1) Database right does not subsist in a database unless, at the material time, its maker, or if it was made jointly, one or more of its makers, was—
(a)an individual who was a national of an EEA state or habitually resident within the EEA,
(b)a body which was incorporated under the law of an EEA state and which, at that time, satisfied one of the conditions in paragraph (2), F1...
(c)a partnership or other unincorporated body which was formed under the law of an EEA state and which, at that time, satisfied the condition in paragraph (2)(a)[F2,]
[F3(d)an individual who was habitually resident within the Isle of Man,
(e)a body which was incorporated under the law of the Isle of Man and which, at that time, satisfied one of the conditions in paragraph (2A), or
(f)a partnership or other unincorporated body which was formed under the law of the Isle of Man and which, at that time, satisfied the condition in paragraph (2A)(a).]
(2) The conditions mentioned in paragraphs (1)(b) and (c) are—
(a)that the body has its central administration or principal place of business within the EEA, or
(b)that the body has its registered office within the EEA and the body’s operations are linked on an ongoing basis with the economy of an EEA state.
[F4(2A) The conditions mentioned in paragraphs (1)(e) and (f) are—
(a)that the body has its central administration or principal place of business within the Isle of Man, or
(b)that the body has its registered office within the Isle of Man and the body’s operations are linked on an ongoing basis with the economy of the Isle of Man.]
(3) Paragraph (1) does not apply in any case falling within Regulation 14(4).
(4) In this Regulation—
(a)“EEA” and “EEA state” have the meaning given by section 172A of the 1988 Act;
(b)“the material time” means the time when the database was made, or if the making extended over a period, a substantial part of that period.
Textual Amendments
F1Word in reg. 18(1)(b) omitted (1.11.2003) by virtue of The Copyright and Rights in Databases (Amendment) Regulations 2003 (S.I. 2003/2501), regs. 1(2), 5(a)
F2Reg. 18(1)(c): comma substituted for full stop (1.11.2003) by The Copyright and Rights in Databases (Amendment) Regulations 2003 (S.I. 2003/2501), regs. 1(2), 5(b)
F3Reg. 18(1)(d)-(f) inserted (1.11.2003) by The Copyright and Rights in Databases (Amendment) Regulations 2003 (S.I. 2003/2501), regs. 1(2), 5(c)
F4Reg. 18(2A) inserted (1.11.2003) by The Copyright and Rights in Databases (Amendment) Regulations 2003 (S.I. 2003/2501), regs. 1(2), 5(d)
Commencement Information
I1Reg. 18 in force at 1.1.1998, see reg. 1(2)
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