Do you recognise specific intellectual property rights in respect of data/databases?

Technology (second edition)

Switzerland Small Flag Switzerland

Data/databases may be protected under COPA as collective works to the extent they qualify as original creations with individual character with respect to their selection and arrangement. Unlike EU law, Swiss law does not provide for general protection of databases by way of a right of its own (sui generis right) in favour of the creator. If databases do not reach the threshold of copyright protection as collective works, the economic effort to compile such database is generally not protected in Switzerland. In contrast, the UCA protects marketable work results against technical reproduction performed without commensurate effort by the reproducing party (see Question 6).

China Small Flag China

According to the General Rules of Civil Law, data may be protected in accordance with special laws or regulations. However, under the current legal framework, data is only protected by the Anti-unfair Competition Law as trade secret if it is a qualified subject matter, where the data 1) possesses secrecy, 2) derives economic value, and 3) has utility and is kept secret by its owners through taking certain measures. The database, as a whole, may be protected by copyright as a compilation if the selection or arrangement of the content elements is with originality.

Updated: July 13, 2018