Database Directive: Failure to transpose in time


Subject: Database Directive: Failure to transpose in time
From: Barbara Schleihagen (Eblida@nblc.nl)
Date: ma 03 elo    1998 - 14:14:49 EEST


The Commission has decided to send reasoned opinions (second stage of
infringement proceedings) to Belgium, Denmark, Greece, Ireland, Italy,
Luxembourg, the Netherlands, Portugal, France, Germany and Austria in
sixteen cases in which these Member States have failed in their obligation
to transpose single-market Directives by the deadlines set. The Directives
in question concern the legal protection of databases, the recognition of
diplomas and the abolition of border controls (works of art). Should a
Member State which has received a reasoned opinion fail to give a
satisfactory reply within two months, the Commission may refer the matter
to the Court of Justice. The Commission has also decided to bring a case
before the Court of Justice against Greece for its failure to notify
measures implementing the reduced VAT rate in the flower-growing sector.

Legal protection of databases

The Commission has decided to send reasoned opinions to Belgium, Denmark,
Greece, Ireland, Italy, Luxembourg, the Netherlands and Portugal for
non-transposition Directive 96/9/EC on the legal protection of databases.
The Directive harmonises copyright protection applicable to the structure
of on- and off-line databases (in electronic form or on paper). It also
introduced a new sui generis right protecting for a period of fifteen years
the work of makers and producers of databases, whether or not their
databases are intrinsically innovative (see IP/96/171). The Directive is of
crucial importance in the context of the information society since most
on-line services will be accessed using databases. Member States were
supposed to implement the Directive by 1 January 1998.

(Source: RAPID, The Spokesman's Service of the European Commission of 28
July 1998)

Barbara Schleihagen

*************************************************************************
EBLIDA
Barbara Schleihagen, Director
Heidi Grootscholten, EU Policy Officer
P.O. Box 43300
NL-2504 AH The Hague
Tel: +31-70-309 06 08
Fax: +31-70-309 07 08
email: eblida@nblc.nl
http://www.kaapeli.fi/~eblida/



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