Protecting Your Database Rights

If you believe that your database has been breached and copied, we can advise you on the best course of action.

A database can be one of the most effective marketing tools in your organisation, whether it is used for product development, retargeting campaigns or an email list, the database and its contents are your intellectual property.

A database is afforded protection as an intellectual property right under statutory database rights legislation. Once information is out, it is out. So you may need to take urgent legal action such as an injunction to prevent loss alongside a damages claim.

We can help you maximise the protection of your database rights — both legally and in practical terms — while boosting your revenue streams from commercialising your data via licensing or otherwise. If you need industry-recognised lawyers for database protection advice, get in touch to book a free assessment or use the form provided.

Client Testimonial

“Briffa have been amazing in dealing with my case from start to finish. Anastasia in particular – has a wealth of knowledge, as well as being super responsive and professional. Could not recommend enough! A company who delivers their ethos. Thank you for all your help.”

– Siri Muang, Client

Understanding Database Protection

How A Database Is Protected Under UK Law

A database is afforded protection as an Intellectual Property right in one of the two following ways:

  • Under the copyright laws outlined in the Copyright Designs and Patents Act 1998
  • In its own right as a database under the Copyright and Rights in Databases Regulations 1997

One of the benefits of owning a database that falls within the statutory definitions in the above Acts is that protection will last for 15 years.

The rules are surprisingly technical and the best way to look at this issue in the event of a problem is in conjunction with other possible legal options, which may be contractual or based on copyright or employment law, as appropriate. Our experienced intellectual property experts will guide you to the right solution.

How Briffa Can Help Protect Your Database Rights

A database is any organised collection or arrangement of ‘works’, e.g. a collection of literary/text works, images, recordings, and so on. The individual ‘works’ in the database are protected by copyright because of the skill, labour, judgement that goes into the creation of such works.

However, separate to this, the arrangement of the works into a database is also protected by copyright because of the investment that went into that organisation.

We can help you:

  • Maximise the protection of your database rights legally and in practical terms
  • Boost revenue streams from commercialising your data and database, whether via licensing or otherwise
  • By investigating and taking swift and decisive legal action where you suspect unlawful misuse of your data, copying and/or use of your database, whether by competitors, employees or former employees.

Why Choose Briffa?

We have been providing database rights protection services since 1995

We offer a free consultation to discuss your database rights needs before any fixed fee quotes are given

We have offices in the UK, the Republic of Ireland and Malta

We offer an industry leading service with short turnaround times and business-focused advice

FAQs

My database contains confidential information. How am I protected?

On top of the legal protections for databases outline above, confidential information can be protected in law by the duty of confidentiality, if it meets a set of requirements.

We also advise on how best to secure confidential information, offering more thorough legal protection and recourse in the event of a data breach.

Can you help me monetise my database?

Of course! Any database you own is a valuable intellectual property asset (but you already know this), so why leave money on the table. We can aid with licensing, protection and management of all of your IP assets.

How long does database rights protection last in the UK?

If your database meets the requirements of the Copyright and Rights in Databases Regulations 1997 it is eligible for protection for a period of 15 years unless a ‘substantial new investment’ is made in the database, in which case the period of legal protection begins another 15 year period, meaning indefinite protection could be afforded to continually updated databases.

This is still less than the period of protection afforded by copyright (up to 70 years after the originator’s death).

If you need any help understanding your database protection rights and how to ensure you’re covered, just get in touch and we’ll guide you through the details and advise on the next steps you can take.

Meet The Team

Briffa’s specialist solicitors have been practising intellectual property law in the UK and Europe for over twenty-five years. Meet our team and see the faces behind our success stories. Find the key contacts for this area below, or follow the link to meet the rest of the team.

Éamon Chawke

Partner

Tom Synott

Senior Associate

Katie Moruzzi

Solicitor
Meet the rest of the team

Book a free consultation with one of our specialist solicitors.

We’ll start with a no obligation chat where we’ll get to know you and understand your current challenges.

Book your free consultation now

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