Regulation 18 Qualification for database rightI1

United Kingdom

(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 F1 the United Kingdom or habitually resident within F2the United Kingdom,

(b)

a body which was incorporated under the law of F3any part of the United Kingdom and which, at that time, satisfied one of the conditions in paragraph (2), F4...

(c)

a partnership or other unincorporated body which was formed under the law of F5any part of the United Kingdom and which, at that time, satisfied the condition in paragraph (2)(a)F6,

F7(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 F8the United Kingdom, or

(b)

that the body has its registered office within the United Kingdom and the body’s operations are linked on an ongoing basis with the economy of the United Kingdom.

F9(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—

F10(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

Annotations

Textual amendments

F1: Words in reg. 18(1)(a) substituted (31.12.2020) by The Intellectual Property (Copyright and Related Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/605), regs. 1(2), 28(3)(a)(ii) (with reg. 38) (as amended by S.I. 2020/1050, regs. 1(2), 4); 2020 c. 1, Sch. 5 para. 1(1)
F2: Words in reg. 18(1) substituted (31.12.2020) by The Intellectual Property (Copyright and Related Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/605), regs. 1(2), 28(3)(a)(i) (with reg. 38) (as amended by S.I. 2020/1050, regs. 1(2), 4); 2020 c. 1, Sch. 5 para. 1(1)
F3: Words in reg. 18(1)(b) substituted (31.12.2020) by The Intellectual Property (Copyright and Related Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/605), regs. 1(2), 28(3)(a)(iii) (with reg. 38) (as amended by S.I. 2020/1050, regs. 1(2), 4); 2020 c. 1, Sch. 5 para. 1(1)
F4: Word 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)
F5: Words in reg. 18(1)(c) substituted (31.12.2020) by The Intellectual Property (Copyright and Related Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/605), regs. 1(2), 28(3)(a)(iii) (with reg. 38) (as amended by S.I. 2020/1050, regs. 1(2), 4); 2020 c. 1, Sch. 5 para. 1(1)
F6: Reg. 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)
F7: Reg. 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)
F8: Words in reg. 18(2) substituted (31.12.2020) by The Intellectual Property (Copyright and Related Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/605), regs. 1(2), 28(3)(b) (with reg. 38) (as amended by S.I. 2020/1050, regs. 1(2), 4); 2020 c. 1, Sch. 5 para. 1(1)
F9: Reg. 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)
F10: Reg. 18(4)(a) omitted (31.12.2020) by virtue of The Intellectual Property (Copyright and Related Rights) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/605), regs. 1(2), 28(3)(c) (with reg. 38) (as amended by S.I. 2020/1050, regs. 1(2), 4); 2020 c. 1, Sch. 5 para. 1(1)

Commencement

I1: Reg. 18 in force at 1.1.1998, see reg. 1(2)