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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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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! 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. The CJEU upheld the provision, subject to its interpretation in light of fundamental rights.

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Top 10 Posts on the Kluwer Copyright Blog in 2022

Kluwer Copyright Blog

A vanishing right? The Sui Generis Database Right and the proposed Data Act by Paul Keller. [T]he T]he European Commission published its proposal for a Data Act.

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

The IPKat

The author gave food for thought on the reproduction of works of art on book covers, on possible moral rights in the discussion, and on Walter Benjamin's notion of the "aura" of a work. Voting closes at midnight on January 31, 2022, and winners will be announced thereafter.

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Training AI models on Synthetic Data: No silver bullet for IP infringement risk in the context of training AI systems (Part 1 of 4)

LexBlog IP

This is because training of GenAI models requires processing of large amounts of data that potentially contain copyrighted works, as well as materials displaying trademarks and data compilations which may be protected by sui generis database rights in the EU, or other information the use of which may be restricted by contract or terms of use.

IP 52
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The UK government moves forward with a text and data mining exception for all purposes

Kluwer Copyright Blog

As previously reported , between October 2021 and January 2022 the UK Intellectual Property Office held a public consultation on the intersection between artificial intelligence (AI) and intellectual property laws (more specifically, copyright and patents). The consultation closed in the beginning of January 2022. All-purpose TDM.

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Around the IP Blogs

The IPKat

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. The Judgment of the Court was summarized by legal-patent.com.