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Around the IP Blogs

The IPKat

It's time for a weekly review of posts from the surrounding IP blogs over the past week! This article provides an overview of the current trends in the U.S. Marks IP has reported on the background to the dispute and the JPO's decision on the invalidity action. The IPKat has reported on a few of them below.

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Never Too Late: If you missed the IPKat the past 2 weeks!

The IPKat

DESIGNS The Düsseldorf Higher Regional Court (OLG Düsseldorf) sent a referral to the CJEU (Case C-684/21) on the role of alternative designs in the examination of Article 8(1) of Regulation 6/2002. Reminder: last call to vote for your best IP book of 2021 by participating in the poll here !

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A Closer Insight into Copyright related Issues in the Position Statement of the Max Planck Institute for Innovation and Competition on the Commission’s Proposal for a Data Act

Kluwer Copyright Blog

The Data Act Proposal explicitly addresses the relationship between the new right to access and share IoT data and the sui generis database right provided for in Article 7 of Directive 96/9/EC. Key coordination issues. The Institute explains in detail how this provision should be interpreted and how it could be improved.

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Please share nicely — From Database directive to Data (governance) acts

Kluwer Copyright Blog

The consultation document restates the fundamental right to intellectual property as the fundamental principle of ‘protection of the intellectual creations of individuals in the online space’ but is otherwise silent on IP. What ideas the Commission has with respect to the Database directive is difficult to gauge from the consultation.

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Copyright Protection For Databases In India

IP and Legal Filings

Every Indian citizen has the fundamental right to liberty and the right to privacy thanks to the protections provided by Article 21 of the Indian Constitution. In addition to this, numerous other sections address various facets of upholding database rights.

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Dutch court rejects claims for sui generis database protection of national company register

The IPKat

In a recent case before the Dutch (district) court of Midden-Nederland, the question arose whether database rights can be invoked to prevent third parties reusing and offering data retrieved from the national company register. For those Kats accessing a company register frequently, the decision is certainly worth the read.

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Swedish court applies C-762/19 CV-Online Latvia in parking app battle

The IPKat

The CJEU’s recognition of the added value for customers that content aggregators can create, and the refined and subtle (while perhaps not totally clear) balancing act suggested by the decision, makes CV-Online Latvia an important addition to the CJEU’s database right jurisprudence.