Legal protection of databases under the legislation of Ukraine and EU law

• Published in: Науковий вісник Ужгородського національного університету. Серія Право Vol. 1; no. 89; pp. 368 - 374
• Main Author: Lopatnyuk, V. A.
• Format: Journal Article
• Language: English
• Published: 21.07.2025
• ISSN: 2307-3322; 2664-6153
• DOI: 10.24144/2307-3322.2025.89.1.51

The article is dedicated to the legal analysis of individual provisions of the Law of Ukraine «On copyright and related rights», which was adopted at the end of 2022. In particular, the legal protection of databases under the legislation of Ukraine and EU law. It is established that the Law of Ukraine «On copyright and related rights» (2022) has significantly improved the legal regulation of the legal regime of databases; the new law on copyright contains a significant number of innovations regarding the legal regime of databases, in particular, the division of databases into those that are the object of copyright and those that are protected by sui generis law has been introduced. It is proved that copyright remains an appropriate form of protection of the exclusive copyright of the relevant subjects who created such databases with their creative work. It is proved that the division of databases into original, that is, those that are the result of creative activity, and non-original is classical and established. It is established that the subject of copyright for databases is an individual or several individuals who created this database, or a legal entity that acquired the rights to the database as an employer or customer; exclusive copyrights to a database created jointly by a group of individuals (co-authors) belong to them jointly. It is substantiated that it is necessary to distinguish between a database as an object of legal protection and a computer program that can help the database function, in particular, can provide search or other mechanisms. A database can exist both in electronic form and in another objectively expressed form. It is proven that the electronic form of the database is the prevailing one today, since most information in today’s conditions is stored in electronic format. It is established that a special kind of right (sui generis) can be transferred (alienated) in accordance with the legislation, that is, it is possible to conclude relevant agreements on granting permission to use a database on an exclusive or non-exclusive basis, or it is generally possible to alienate rights to the relevant database. The importance of the sui generis right as a regulator of relations arising in connection with the creation, use of non-original databases and protection of rights to them is proven. It is substantiated that a database as an object of legal protection, in our opinion, must have proper legal regulation, and this can be achieved through the adoption of a separate legislative act that would comprehensively determine its legal regime. It is proven that a database goes beyond the scope of copyright legislation, since it can also be protected by the sui generis right. It is substantiated that in Ukraine it is advisable to borrow the experience of legal regulation that exists in the EU (Directive 96/9/EC of the European Parliament and of the Council «On the legal protection of databases» of 01.03.1996), and to adopt the relevant law on the legal protection of databases. It is substantiated that the legislation of Ukraine on the use of databases in the digital environment, on the exercise and protection of rights to databases requires further improvement.