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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. Voting closes at midnight on January 31, 2022, and winners will be announced thereafter.

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A vanishing right? The Sui Generis Database Right and the proposed Data Act

Kluwer Copyright Blog

But for anyone who had expected the Data Act to include a revision of the Database Directive — an ambition that the Commission had signalled in both the 2020 Data Strategy and the 2020 Intellectual Property Action Plan — the final proposal will be a major disappointment. A right that shall not be exercised.

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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

On 23 February 2022, the European Commission (EC) published a Proposal for a ‘Regulation on harmonised rules on fair access to and use of data (Data Act)’. Article 35 Data Act Proposal stipulates that the sui generis right ‘does not apply’ to databases containing data obtained from or generated by the use of IoT devices.

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Around the IP Blogs

The IPKat

This article provides an overview of the current trends in the U.S. Among other things, the proposal clarifies that the " sui generis database right " introduced by the Database Directive does not apply to databases containing data originating from or generated by the use of a connected device.

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

The IPKat

Here’s what Hans writes: Thankfully Kitty found a place where to park her car Content and service aggregation is big business in 2022. Why having seven different newspapers clogging up your mailbox, when you can have that content carefully selected and curated for you according to your interests and taste?

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EU copyright law round up – second trimester of 2022

Kluwer Copyright Blog

Welcome to the second trimester of the 2022 round up of EU copyright law! Polish challenge of Article 17 CDSM, C-401/19. On 26 April 2022, the CJEU finally derlivered its judgment, the main focus of which was the Polish challenge of Article 17 of the CDSM Directive. Photo by Markus Spiske on Unsplash.

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Top 10 Posts on the Kluwer Copyright Blog in 2022

Kluwer Copyright Blog

Article 17 survives, but freedom of expression safeguards are key: C-401/19 – Poland v Parliament and Council by João Pedro Quintais. [T]he This post provides a refresher on the contents of Article 17, followed by a brief highlight of the main takeaways to kick-off the discussion. A vanishing right? Part II is available here.