36To that end, the protection offered by the sui generis right under Directive 96/9 is intended to ensure that the person who has taken the initiative and assumed the risk of making a substantial investment in terms of human, technical and/or financial resources in the setting up and operation of a database receives a return on his investment by protecting him against the unauthorised appropriation of the results of that investment (see The British Horseracing Board and Others, paragraphs 32 and 46; Fixtures Marketing, paragraph 35; and Directmedia Publishing, paragraph 33).
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