DATE: August 30, 1996
prepared by the Chairman of the Committees of Experts
on a Possible Protocol to the Berne Convention
and on a Possible Instrument for the Protection of the Rights of Performers and Producers of Phonograms
5.01 The wording of Article 5 follows closely the provision on the protection of databases in Article 10.2 of the TRIPS Agreement. The term "collection" has been used in the proposal while the TRIPS Agreement uses the term "compilation". No substantive difference is intended; "collection" is a term used in Article 2(5) of the Berne Convention for a protectable collection of works, while in the proposed Article 5 the term "collection" refers to all collections or compilations of data or other materials, including works. It should be understood that protection under this Article arises by virtue of the creative efforts of the author in selecting or arranging such materials.
5.02 This provision is of a declaratory nature. It confirms what is already covered by the Berne Convention.
Collections of Data (Databases)
Collections of data or other material, in any form, which by reason of the selection or arrangement of their contents constitute intellectual creations, are protected as such. This protection does not extend to the data or the material itself and is without prejudice to any rights subsisting in the data or material contained in the collection.