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. One of the Proposal’s objectives is to foster data availability, facilitating the uptake of data-driven markets.

Copyright 52

Copyright Intellectual Property Database Right Related Rights 52

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.

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Copyright Blogging Fair Use Reporting 95

Kluwer Copyright Blog

JULY 7, 2022

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. The CJEU upheld the provision, subject to its interpretation in light of fundamental rights. You can read the previous round-ups here.

Copyright Law 52

Copyright Law Copyright Law Publishing 52

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.

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Government Database Right Intellectual Property Copyright 56

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.

Intellectual Property Law 83

Intellectual Property Law Copyright Intellectual Property Editing 83

Kluwer Copyright Blog

JUNE 29, 2023

The AG is of the opinion that such national legislation is precluded by EU law and in particular by Article 3(2) of Directive 2000/31 , as well as Article 16(1) and 2(d) of Directive 2006/123. According to the AG, it follows from Article 297 TFEU that EU law is, in principle, not capable of benefiting from copyright protection.

Copyright Law 60

Copyright Law Law Copyright Publishing 60

The IPKat

FEBRUARY 4, 2022

According to the CJEU, the key to fairly balancing these interest lies in ensuring that the makers of databases can redeem their investment. Content aggregators should be free to create and market new products and services based on the information in publicly available databases, as long as the database maker can still redeem the investment.

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