Unión Europea
Canadá
Derecho de autor y derechos conexos
8. Article 10(2) of the TRIPS Agreement requires that compilations of data or other material be protected. It is further provided that such protection shall not extend to the data or material itself and shall be without prejudice to any copyright subsisting in the data or material itself. Section 2.1(2) of the Copyright Act provides that the fact that a work is included in a compilation does not increase, decrease or otherwise affect the protection conferred by the Act in respect of the copyright in the work or the moral rights in respect of the work. Does the Copyright Act also expressly provide that the protection accorded to compilations of data or other material does not extend to the data or material itself? If not, does the protection accorded to compilations of data or other material extend to the data or material itself?
Although the point is clear from case law, the Copyright Act nowhere explicitly provides that the protection accorded to compilations of data or other material does not extend to the data or material itself. With respect to compilations of data or other material, Canada's laws are fully consistent with TRIPS requirements.