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.

Access to information and competition concerns enter the sui generis right’s infringement test – The CJEU redefines the database right

Kluwer Copyright Blog

as a reporting judge), a case involving Melons’ infringement of CV-Online Latvia’s database of job advertisements arguably protected by the sui generis right. This important caveat introduces the raison d’être of the database protection into the infringement test.


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Dutch court rejects claims for sui generis database protection of national company register

The IPKat

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.

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. The revision of the Database Directive that is included in the Data Act does not address the status of public sector data nor does it enable access and use of data for research, but it should.

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

The Institute acknowledges that the Data Act Proposal seeks to strike a balance between promoting access to and sharing of IoT data and protecting other conflicting rights. This post focuses on selected copyright and related rights matters that the Institute details in its Position Statement.

Please share nicely — From Database directive to Data (governance) acts

Kluwer Copyright Blog

In retrospect, life was simple in 1996, the year that gave us the Database directive and its much-maligned sui generis right aimed at promoting a European database industry. Will the Database directive survive the crowded field of data regulation?

UK plans to diverge from EU on AI-related IP exemption

IAM Magazine

Moves announced after consultation will affect copyright and database rights, but leave status quo in place for inventorship

New possibilities for data : European Union legal developments

JD Supra Law

database rights), reinforcing the possibility to re-use the data of public administrations, and exploring the possibility for consumers to provide personal data in exchange.

Computer and Internet Weekly Updates for 2021-12-04

Barry Sookman

UK law on database rights post brexit, Genius Sports Technologies Ltd & Ors v Soft Construct (Malta) Ltd & Ors [202… [link] 2021-12-02. Computer and Internet Weekly Updates for 2021-11-27 [link] 2021-11-28. 'Out

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

The IPKat

COPYRIGHT Katfriend Moritz Sutterer posted on a new competition tool that the German Competition Authority recently tried out against Google in relation to press publishers' neighbouring right. patent related rights shape mark trade marks

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.

Art. 17 DSM Directive: International Application in EU cross-border scenarios – Or: Why the EU needs a faithful implementation into national law

Kluwer Copyright Blog

Article 17 Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (“DSM Directive”) is currently being implemented into national law in the EU Member States. There is some controversy as to how the right of communication to the public as mentioned in Art.

EU copyright law round up – second trimester of 2022

Kluwer Copyright Blog

The CJEU upheld the provision, subject to its interpretation in light of fundamental rights. In addition, in order to help EU companies protect their AI with IP rights, the EU’s position as a global standard-setter should be strengthened. Photo by Markus Spiske on Unsplash.

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

The IPKat

But digital aggregation often involves the use of different data sets, including the use of data protected as databases, and the makers of databases often want to protect their own investment against aggregators that are perceived as free riders.

The Jungle Bird, El Diablo, and the Zombie or Machine Learning Models, Computer Programs and Copyright put to the test

Kluwer Copyright Blog

Those versed in the intersection between IP rights and technology know that computer programs protection has always caused inevitable frictions IP law. The license is not triggered in most open licenses if applied to subject matter not protected by copyright (or related rights).

EU copyright law round up – second trimester of 2021

Kluwer Copyright Blog

This case relates to the sui generis database right and its application to the activity of search engines. June was a particularly eventful month for the communication to the public right and platform liability. Photo by Markus Spiske on Unsplash.