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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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Are AI models’ weights protected databases?

Kluwer Copyright Blog

However, it’s unclear whether the models themselves are currently protected by intellectual property laws. However, in the EU there is another strong candidate for protecting model weights: the sui generis protection for databases established in Directive 96/9. If model weights qualify as a database, what then?

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Opinion of the European Copyright Society on selected aspects of the proposed Data Act

Kluwer Copyright Blog

35) to reduce the availability of IP rights over some datasets is welcome. However, its drafting is flawed and risks creating even more fragmentation in the laws of Member States. More from our authors: Law of Raw Data. Intellectual Property Law in China, 2nd edition. by Christopher Heath. €

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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). Database Dir.: articles 5(a) and 7(1).

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A “pro-innovation” agenda: the UK Government’s Approach to AI and Digital Technology

LexBlog IP

” Government should announce a clear policy position on the relationship between intellectual property law and generative AI to provide confidence to innovators and investors. 5] See, Article 22 of the UK General Data Protection Regulation. ” (available here ). [4]