The IPKat
JANUARY 17, 2022
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.
The IPKat
MARCH 6, 2022
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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The IPKat
JANUARY 30, 2022
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 !
Kluwer Copyright Blog
JUNE 28, 2022
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.
Kluwer Copyright Blog
JANUARY 9, 2023
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.
Kluwer Copyright Blog
AUGUST 18, 2021
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.
Kluwer Copyright Blog
MAY 16, 2022
35) to reduce the availability of IP rights over some datasets is welcome. The European Copyright Society posted an opinion on selected aspects of the proposed Data Act. The aim of the Data Act’s sui generis clause (art. However, its drafting is flawed and risks creating even more fragmentation in the laws of Member States.
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