Cap. 415 Art. 29Qualification for protection sui generis right in respect of databases.

The right conferred by this article shall only apply to a database -

(a) whose maker or rightholder is at the time when the database is made -

(i) an individual who is a citizen of, or is domiciled or permanently resident in Malta or in a State in which such a sui generis right in respect of databases is protected under an international agreement to which Malta is also a party;

(ii) a body of persons or a commercial partnership constituted, established, registered and vested with legal personality under the laws of Malta or of a State in which such a sui generis right in respect of databases is protected under an international agreement to which Malta is also a party; or

(b) which is made or first made available to the public in Malta or in a State in which such a right in sui generis respect of databases is protected under an international agreement to which Malta is also a party; or

(c) which is made by or under the direction or control of the Government of Malta and also such governments of other States, international bodies or other inter-governmental organisations as may be prescribed.