PART IIIDATABASE RIGHT
Qualification for database right18
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), or
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).
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.
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.