WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property Rights IP/NIlIDEU/C/lI Add.2 
6 February 2004 
(04-0451) 
Original: English! 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
GERMANY 
Addendum 
The present document reproduces the texe of Article 7 of the Infonnation and 
Communication Services Act, as notified by Gennany under Article 63.2 of the Agreement (see 
document IPIN/lIDEU/l/Rev.lI Add.l). 
Conseil des aspects des droits de proprh~te 
intellectuelle qui touchent au commerce 
PRINCIP ALES LOIS ET REGLEMENTATIONS CONSACREES 
A LA PROPRIETE INTELLECTUELLE NOTIFIEES 
AU TITRE DE L'ARTICLE 63:2 DE L'ACCORD 
ALLEMAGNE 
Addendum 
Le present document contient le texte1 de l'article 7 de la Loi relative aux services 
d'infonnation et de communication, notifie par l'Allemagne au titre de l'article 63:2 de l'Accord (voir 
le document IPINIlIDEU/l/Rev.lIAdd.l). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIP ALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL pARRAFO 2 DEL ARTicULO 63 DEL ACUERDO 
ALEMANIA 
Addendum 
En el presente documento se reproduce el texto 1 del articulo 7 de la Ley de Servicios de 
Infonnaci6n y Comunicaci6n, que Alemania ha notificado en virtud del parrafo 2 del articulo 63 del 
Acuerdo (vease el documento IPINIlIDEU/lIRev.lIAdd.l). 
J In English only'/En anglais seulement.lEn ingles solamente. IP/NIlIDEU/CIlIAdd.2 
Page 2 
Federal Act 
Establishing the General Conditions 
for Information and Communicatjon Services 
-Information and Communication Services Act-
(Informations- und Kommunikationsdienste-Gesetz -luKDG) 
August 1 1997 
Article 1 
Article 2 
Article 3 
Article 4 
Article 5 
Article 6 Article 7 
Amendment of the Copyright Act 
(Urheberrechtsgesetz) IP/N/l/DEU/C/l/ Add.2 
Page 3 
The Copyright Act dated 9 S~ptember 1965 (Federal Law Gazette [BGB!.] Part I, p. 1273), 
last amended by Art. 5 of the Act of 19 July 1996 (I;3GB!. Part I, p. 1014) shall be amended as 
follows: 
1. § 4 shall be worded as follows: 
"§ 4 
Collections and database Works 
(1) Collections of works, data or other independent elements which, by reasori of the 
selection or arrangement of' the elements, constitute a personal intellectual creation 
(collections) shall enjoy protection as independent works without prejudice to a copyright 
or neighbouring right existing in the elements ihcluded in the collection. 
(2) Within the meaning of this Act ? database work is a collection arranged in a 
systematic or methodical way, the elements of which are individually accessible 'either by 
electronic or by other means. A computer program (§ 69 a) used to create the database 
work or to render its elements accessible does not constitute a component of the data 
base work." 
2. § 23 second sentence shall be amended as follows: 
a) The ,word "or" appearing after the word "arts" shall be replaced by a comma. 
b) The words "or of the adaption or other transformation of a database work" shall be 
inserted after the word "architecture".' 
3. § 53 shall be amended as follows: 
a) The following subsection 5 shall be inserted after sUbsection 4: 
"Subsection 1 as well as subsection 2 (2) to (4) shall not apply to database works the 
elements of which are individually accessible by electronic means. Subsection 2 (1) 
shall apply to such database works on condition that the scientific use does not serve 
commercial purposes." 
b) The former subsections 5 and 6 shall become subsections 6 and 7. IPlNll/DEU/C/lI Add. 2 
Page 4 
4. The following § 55a shall be inserted after § 55: 
"§ 55a 
Use of a database Work 
Adaption or other transformation and the reproduction of a database work by the owner of 
1_ ; 
a copy of the data base work, having been put into circwlation with the consent of the 
creator by way of sale, by a person in other ways entitled to use the copy of the database 
work or by anyone to whom a database work has been made accessible on the basis of a 
contract with the creator or with a third party who has the former's consent, spall be 
perrriissible if and to the extent that the adaptation or other transformation or copy-ingis 
. necessary for access to the E;llements of the database work and for its usual use. 'If, on 
the basis of aeontract described in sentence 1, only a part of the data base work is made 
accessible, it shall only be permissible to adapt or otherwise transform and to reproduce 
this portion. Any contractual provisions to the contrary shall be null and void." 
5. § 63 subsection 1 (1) shall be amended as follows: 
a) The following sentence 2 shall be inserted after sentence 1 in §63 subsection. 1 : 
"The same' shall apply to the reproduction of a database work in the cases outlined in §53 
i 
subsection 2 (1) and subsection 3 (1)." 
b) The former sentences 2 and _ 3 shall become sentences 3 and 4. 
6. The following chapter shall be inserted after § 87: 
"Chapter Six 
Protection of the Maker of a Database 
§ 87a 
Definitions 
(1) A database within the meaning of this Act is a collection of works, data or other 
independent elements arranged in a systematic or methodical way the elements- of which 
are individually accessible either by electronic or by other means, and the obtaining, 
verification or presentation of which requires a qualitatively or quantitatively substantial 
investment. A database the contents of which has been changed in a way that is 
qualitatively or quantitatively substantial is deemed a new database provided that the 
change entails a qualitatively or quantitatively substantial investment. IPINIlIDEU/C/lI Add. 2 
PageS 
(2) The maker of a database within the meaning of this Act is the one who has made the 
investment defined in SUbsection 1. 
§ 87b 
Rights of the Maker of the Database 
(1) The maker of the database has the exclusive right to reproduce, to distribute and to 
communicate to the public the whole data base or a qualitatively or quantitatively 
substantial part thereof. The repeated or systematical reproduction, distribution or 
communication to the public of qualitatively and quantitatively insubstantial parts of the 
database 'shall be' deemed as equivalent to the reproduction, distribution' or. 
communication of a qualitatively or quantitatively sub~tantial part of the database provided 
that these acts run counter to a normal exploitation of the database or unreasonably 
prejudice the legitimate interests of the maker of the database. 
(2) § 17 subsection 2 and § 27 subsections 2 and 3 shall apply accordingly. 
§ 87c 
Limitations on the rights of the Maker of a Database 
(1) The reproduction of a qualitatively or quantitatively substantial part of a database shall 
be permissible: 
1. for private use; this shall not apply to a database the elements of which are 
individually accessible by electronic means; 
2. for the purposes of personal scientific use, if and to the extent that the copying for 
this purpose is necessary and the sCientific use does not serve commercial 
purposes; 
3. for personal use in teaching, in non-commercial institutions of education and 
further education and in vocational training in a quantity required for one school 
class. 
In the cases outlined in numbers 2 and 3, the source must be clearly acknowledged. 
(2) The reproduction, distribution and communication to the public of a qualitatively or 
quantitatively substantial part of a database shall be permissible for use in proceedings 
before a court, an arbitration tribunal or a public authority as well as for purposes of public 
security, IP/N/IIDEU/C/1/ Add.2 
Page 6 
§ 87d 
Term of Protection 
The rights of the creator of a database shall expire fifteen years after the publication of the 
database, and fifteen years after the making of the database if it has not been published 
within that period of time. The period of time shall be calculated in accordance with § 69. 
§ 87e 
Contracts Dealing with the Use of a Database 
A contractual agreement according to which the owner of a copy of the database, having 
been put into circulati~niNith the consent of the maker of the database by way of sale, or 
the person in other ways entitled to use the copy of the database or anyone to whom a 
database has been made accessible on the basis of a contract with the maker of the 
database or with a third party who has the former's consent, obligates himself vis-a-vis the 
maker of the database to refrain from reproducing, distributing or communicating to the 
" '-
public qualitatively and quantitatively insubstantial parts uf the database, shall be invaOd to 
the extent that these acts run counter to the normal exploitation of the database nor 
unreasonably prejudice the legitimate interests of the maker of the database." 
7. The following number shall be inserted after § 108 subsection 1 (7): 
"8. uses a database in breach of § 87bsubsection 1." 
8. In § 119 subsection 3 after the word "photographs", the word "and" shall be replaced by a· 
comma and the words "and the databases protected according to § 87b subsection 1" 
shall be inserted after the word "phonogram". 
9. The following § 127 a shall be inserted after § 127: "§ 127a 
Protection of the Creator of a Data Base IP/N/1/DEU/C/1/ Add. 2 
Page 7 
(1) The protection granted by § 87 b shall be available to German citizens and to legal 
entities with a registered office located in the territory in which this Act applies. § 120 
subsection 2 shall apply. 
(2) Legal entities without a registered office in the territory in which this Act applies but 
which have been established according to German law or according to the law of one of 
the states listed in § 120 subsection 2 (2) shall enjoy the protection granted by §87b if: 
1. their central administration or principal place of business is geographically located 
in one of the states listed in § 120 subsection 2 (2); or 
2. their registered office, as defined by the articles of association, is located in one of 
these states and their activities have a de facto connection with. the German 
economy or to the economy of one of these states. 
(3) In the remaining cases, foreign citizens and legal entities shall enjoy the protection 
granted by the provisions of international agreements and the protection of agreements 
. '. ' 
entered into between the Europeari Community and third party states; these agreements· 
are published by the Federal Ministry of Justice in the BundesgesetzbJatt [Federal Law 
Gazette]." 
10. The following §. 137g shall be inserted after § 137f: 
"§ 137g 
Transitional regulation 
in implementing Directive 96/9/EC 
(1) §:23 second sentence, § 53 subsection 5, § 55a and § 63 subsection 1-second sentence 
shall also apply to database works created prior to 1 January 1998. 
(2) The provisions contained in Chapter Six of Part 11 shall also apply to databasescreated 
between 1 January 1983 and 31 December 1997. The term of protection in such cases shall 
commence on 1 January 1998. 
(3) § 55a and § 87e shall not apply to contracts concluded before 1 January 1998." IP/N/IIDEU/C/ll Add.2 
Page 8 
Article 8 
Article 9 
Article 10 
Article 11 
Entry into Force 
This Act shall enter into force on 1 August 1997 with the exception of Article 7, which shall enter 
into force on 1 January 1998. 