[OSM-legal-talk] Brexit & EU database rights

[Tom Hummel]

Simon,

sorry for reopening.

> This was the subject of the original message in this thread. The 
> situation post December 31st 2020 is such that protection for sui 
> generis databases will remain for database published before that date in 
> the UK till the protection term runs out. In the case of OSM when the 15 

Thanks, I see you are referring to art. 58 of the withdrawal agreement
https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1580206007232&uri=CELEX%3A12019W/TXT%2802%29

The UK government explains this as follows: “Database rights that exist in the UK or EEA before 1 January 2021 (whether held by UK or EEA persons or businesses) *will continue* to exist in the UK *and EEA* for the rest of their duration.”

As far as I understand the article, however, there is protection within the UK for European entities. Yet, I can’t find a provision which covers the issue vice versa, i.e. an UK entity would loose protection within EEA.

I think the accepted term for this is ’reciprocity gap’. I am not sure if my understanding of english legal communications is good enough for this.

The 15y period was not intended to provide protection against change of law. I suppose it’s a protection of investment for a certain amount of time. Without EU membership the premises for the law changes. According to this, OSMF might loose standing in respect to the directive in german courts. (EEA too?)

Thanks

Tom