EU law protects databases by copyright if they are sufficiently creative. Other databases, especially those that are compilations of information or commonplace data, such as telephone directories, music charts or football match listings, may benefit from a form of protection introduced by the 1996 Database Directive.

This protection is known as the "sui generis" database right, i.e. a specific property right for databases that is unrelated to other forms of protection such as copyright.

The evaluation focuses on whether the introduction of this right led to an increase in the European database industry's rate of growth and in database production. It also looks at whether the scope of the right targets those areas where Europe needs to encourage innovation.

Internal Market and Services Commissioner Charlie McCreevy explained that:

"Databases are an important part of Europe's economy in the information age. I want to make sure that EU rules encourage the development of this sector. This evaluation helps ensure that we are on the right track. I now call on the industry and other stakeholders to comment and tell us more about how EU database rules affect them."

On the basis of the information available, the evaluation found that the economic impact of the “sui generis” right on database production is unproven.

However, the European publishing industry, consulted in an online survey, argued that “sui generis” protection is crucial to the continued success of their activities. In addition, most respondents to the online survey believed that the "sui generis" right has brought about legal certainty, reduced the costs associated with the protection of databases, created more business opportunities and facilitated the marketing of databases.

Therefore, further evidence on the usefulness of "sui generis" protection needs to be gathered. A staff working paper invites stakeholders to submit their views and comments and to provide further evidence on the economic impact of "sui generis" protection.

Stakeholders are invited to comment on the evaluation by 12 March 2006.