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.