SCHEDULE 2LICENSING OF DATABASE RIGHT

Powers exercisable in consequence of competition report

15.

(1)

Where the matters specified in a report of the F1Competition Commission as being those which in the Commission’s opinion operate, may be expected to operate or have operated against the public interest include—

(a)

conditions in licences granted by the owner of database right in a database restricting the use of the database by the licensee or the right of the owner of the database right to grant other licences, or

(b)

a refusal of an owner of database right to grant licences on reasonable terms,

the powers conferred by Part I of Schedule 8 to the Fair Trading Act 197311 (powers exercisable for purpose of remedying or preventing adverse effects specified in report of Commission) include power to cancel or modify those conditions and, instead or in addition, to provide that licences in respect of the database right shall be available as of right.

(2)

The references in sections 56(2) and 73(2) of that Act, and sections 10(2)(b) and 12(5) of the Competition Act 198012, to the powers specified in that Part of that Schedule shall be construed accordingly.

(3)

The terms of a licence available by virtue of this paragraph shall, in default of agreement, be settled by the Copyright Tribunal on an application by the person requiring the licence; and terms so settled shall authorise the licensee to do everything in respect of which a licence is so available.

(4)

Where the terms of a licence are settled by the Tribunal, the licence has effect from the date on which the application to the Tribunal was made.