اليونان

LAW NO.2819/2000

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Article 7

IIannonizatiulJ with the I)ireetivc ()(>I91H' or the Luropean Parliament

and or the ('ouneil of' II March 19()() on the lL:gal protection or

databases and other provisions

1. Paragraph 2a IS added after para.2 or article 2 or Law

212111 ()l)l (Ofricial Journal 25 1\') as rollows:

"2a. Datahases which, by reason or the selection or

arrangement of their contents, constitute the author's intellectual

creation, shall be protected as such by copyright. The copyright

protcction shall not ex tend to the contents 0 f databases and shall be

without prejudice any rights subsisting in those contents themselves.

"Database" is a colkction or independent works, data or other

materials arranged in a systematic or mcthodical way and individually

accessible by electronic or other means".

(articles 3 and 1 ]xlra.2 of Directive 96/())

2. In article 2, para.2 of Law 212111()93, sixth line, the

words "ane! databases" arc deleted and the conjunction "anel" is added

before the word "anthologies".

l. A new paragraph numbcred 3 is added at the end 0 f

article l or Law 2121/1()l)l as follows:

":\. The author of a datab~lse shall have the exclusive right to

carry out or to authorii,e: a) temporary or permanent reproduction by

any means and in any form, in whole or in part, b) translation,

adaptation, arrangement and any other alteration, c) any ic.ml1 of

distrihution to the public of' the datahase or of copies the:reof. The first

sale in the Coml11unity oj' a copy or the database by the: rightholder or

with his consent shall exhaust the right to control resale or that copy

within the Community, d) any communication, display or performance

to the public, e) any reproduction, distribution, communication,

display or perrormance to the public of the results or the acts rerelTed to in (b). The perrormance by the lawrul user or a database or of a

copy thereof" of" any or the acts listed above which is necessary for the

purposes of" access to the contents of" the databases and normal use of"

the contents by the lawltIl user shall not require the authorisation of

the author or the database. Where the lawftIl user is authorised to lise

only part of the database, this provision shall apply only to that part.

Any agreement contrary to the provisions or the previous two

sentences shall be null and void". (articles 5, 6 para. I and 15 of

Directive 9()/9).

4. The words "and the SUI genens right of" the database

maker" arc added at the end or the title of the seventh chapter of Law

2 I2 I/1993.

5. Article 45A is added alter article 45 of Law 2121/1993

as rollows:

Article 4SA

Sui generis right of the maker or the database

I. The maker of a database has the right, which shows that

there has been qualitatively and/or quantitatively a substantial

investmcnt in either the obtaining, verification or presentation of the

contents, to prevent cxtraction and/or re-lltilisation or thc whole or of a

substantial part, cvaluated qualitatively and/or quantitatively, of the

contents of that database. The maker of a database is the individual or

legal entity who takes the initiativc and bears the risk or investment.

The database contractor is not considered as maker.

(article 7 para. I 0(" Directive %/9)

2. For the purposes of this article: a) "extraction shall mean

the permanent or temporary transfer of all or a substantial part of the

contents of a database to another medium by any means or in any

form, and b) "re-utilisation" shall mean any form of making ~lVailablc

to the public all or a substantial part of the contents of a database by

the distribution of copies, by renting, by on-line or other forms of

transmission. The first sale of a copy of a database within the

('ommunity by the rightholder or with his consent shall exhaust the

right to control resale of that copy within the Community. When the

specific company or lirm has only its registered o/lice in the territory

of the Community, its operations must be gcnuinely linked on an

ongoing basis with the economy of a Member State.

(articles 9 and 11 of Directive 06/9)

3. The right rel'crred to in paragraph I is clTective regardless of

whether the said database or the content thereof arc protected by the

provisions on copyright or other provisions. Protection on the basis of

the right relcrred to in paragraph I does not prejUdice potential rights

on their content. The sui generis right of the maker of a database may

be transl'crred with or without consideration and its exploitation may

be assigned by licence or contract (article 7 pared and 4 of Directive

98/9).

4. The repeated and systematic extraction and/or re-

utilisation of immaterial parts of the content of the database are not

aHowell, iI' they invol ve actions opposed to the normal exploitat ion 0 I'

the database or llnjllstiliably prejudice the lawful rights of the maker

of the database (article 7, para.S of Directive %/9).

5. The maker or a database made available to the public by

any means cannot prevent the lawl'uilltilisation or the database from

extracting and/or re-llsing immaterial parts of its content, being

evaluated qualitatively or quantitatively, for any purpose. If the lawful

user is entitled to extract and/or re-utilise pal1 only of the database, the

present paragraph is applicable only to such part. The lawful uscr of a

database made available to the public by any means cannot: a) perform

acts that arc opposed to the normal exploitation of such database or

unjustifiably prejudice tile lawful interests of the maker thereof, b)

cause damage to the beneficiaries of the copyright or related rights ror

works or performances contained in the said database. Any agreements

contrary to tllc arrangements providcd for in the prescnt paragraph are

null and void (articles Hand 15 or Directive 96/9).

(). The lawful user or a database made available to the

public by any means may, without the permission of the maker of the

database, extract and/or re-utilise a material part of its content: a)

when the extraction is made for educational or research purposes,

providcd that the source is quoted, and to the cxtent that it is justilied

by the non

commercial purposc pursued, b) when the cxtraction and/or rc-

utilisation is madc It)r rcasons of public safcty or for purposcs of

administrative or judicial procedure. The sui gcneris right is clTcctive

Il)r databases whose makers or bencJ'iciaries are citizens of a member-

state or have their usual residence on ('ommunity territory. [t is also

applicable to companies and firms established in accordancc with the

legislation of a mcmber-statc, whosc registcred officcs, ccntral

administration or mall1 cstablishmcnt arc located within thc

Community. When the spccific company or lirm has only its registered

office in the territory or the Community, its operations mLlst be

genuinely linked on an ongoing basis with the economy a l11ember-

statc (articles 9 and 11 or Directive 96/9).

7. Thc right providcd for in this article shall run from the

date of completion of the making of the database. It shall expire

fifteen (15) years rrom the first of January or the year rollowing the

date or completion. [n the case of a database which is made availahle

to the public in whatever manner bcCore expiry of the period provided

for above, the term or protection by that right sha[1 expire fifken years

from the fIrst of January of the year following the date when the

database was first made available to the public. Any suhstantial

change, evaluated qualitatively and/or quantitatively, to the contents or

a databasc, including any suhstantial change resulting rrom the

accumulation or successive additions, deletions or alterations, which

would result in the database being considered to bc a substantial ncw

investmcnt, evaluated qualitatively and/or quantitatively, shall qualify

the database resulting from that investment for its own term or

protection" .

(article 10 of Directive %/9)

(J. A new paragraph numbered H is added at the end of

article 72 of l.aw 2121/1 ()9J, as subsequently modi ried by article 10 of

Law 24J5/199C> (OflicialJournal H9 N), as follows:

"8. The regulations on the right of the author of a database and the

sui generis right or the maker of a database shall be without prejudice

to provisions concerning ill particular copyright, rights related to

copyright or any other rights or obligations subsisting in the data,

works or other materials incorporated into a database, patent rights,

trade marks, design rights, the protection of national treasures, laws on

restrictive practices and unfair competition, trade secrets, security,

confIdentiality, data protection and privacy, access to public

documents and the law or contract".

(article I J of Directive %/9)

7. A sentence is added at the end orartielc ()4 as follows:

"The above regulation are also applied in case or infl-ingement of intellectual property of the author of a database and of the sui

generis right of the maker of a database".

(article 12 or Directive %/9) ~. Paragraph () is added at the end of article ()5 or Law

212111 ()93, as modified by article 3 of Law 2435/1 ()96, as follows:

"(). The civil penalties of this article arc also applied in case

of infringement of intellectual property of the author of a database and

of the sui generis right of the maker ofa database"

(article 12 of Directive %/9)

9. Paragraphs <) and 10 are added at the end of article ()() of

Law 2121/1<)93, as modifIed by article 3 of Law 2435/1996, as

follows:

"!). Any persoll who proceeds to authorised temporary or

permanent reproduction of the database, translation, adaptation,

arrangement and any other alteration or the database, distribution to

the public of the database or of copies thereof, communication, display

or performance of the database to the publie, is punished by

imprisonment of at least one (I) year and a fine of one (1) to five (5)

mi II ion drachmas.

10. Any person who proceeds to extraction and/or re-

utilisation of the whole or or a substantial part of the contents or the

database without the authorisation oj' the author thereof, is punished by

imprisonment orat least one (I) year and a fine of one (I) to five (5)

mi 11 ion drachmas".

(article 12 of Directive 96/())

10. Protection of the makers of databases pursuant to the

provisions of this law as regards copyright shall also be available in

respect of databases created prior to the date of entry into force of

article of this law which, on that date, fulill the requirements laid

down in this law as regards copyright protection of databases. This

protection shall be without prejudice to any acts concluded and rights

acquired before the date or entry into Corce or this law.

(article 14 para. I or Directive <)()/<))

II. Protection of datahases as regards the sui generis right of

the maker or a database shall also be available in respect of databases

the making of which was completed not more than Ilneen years prior

to the date of entry into rorce of this law, and which on the date or

entry into force of this law fulfil the requirements concerning the

protection of the maker by the sui generis right. This protection shall

be without prejudice to any acts concluded and rights acquired bcl"ore

the date of entry of this law.

(article 14, para.3 and 4 of Directive %/9)

12. Paragraph 5 is added at the end of article 71 of Law

2121/1993, as modified by article R para.12 or Law 255711<)97, as

follows:

"5. Articles 2a, 3 para.3, 45A, ()4 last sentence, 65 para.(), 65

para() and 10, 72 para.R of this law are adopted in application of

Directive 9()/<)/EC or the I~uropean Parliament and or the Council of II March I ()96 on the legal protection or databases".

(article 16 para.2 of Directive %/9)

13. Article () para.2 case a' or the presidential decree

31111<)<)4 is abolished. Article ()l) para.2 item a' or Law 212111993 is

modi lIed as follows:

"The Intellectual Property Organisation shall be subsidized with

a contribution of I (Yt) of the annul gross revenue of each collective

management organisation, payable by 31 ,( October or each year, on the

basis of the balance sheet or the previous year, and received in

accordance with thc Public Rcvenue Collection Code. The annual

balance sheets of collective management organisations shall be

submitted to the Intellectual Property Organisation and the Ministry of

Culture. The above are also applicable to the collective protection

organisations obliged to draw up an annLlal balance sheet, which is

submitted to the Intellectual Property Organisation and the Ministry of

Culture. Gross revenue is the revenue defined in the Unified

Accounting Plan".

14. A presidential decree or joint resolution of the Ministers

of ('ulture and National I:conomy and any other competent Minister as

the case may be, regulate the matters concerning the adaptation and

harmonization with the Directive on the right or surveillance and the Directive on the harmoni;:ation or certain matters or intellectual

property and related rights in the information society, issued by the

competent bodies of the i-:uropean Union.