Kluwer Copyright Blog

MARCH 4, 2022

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.

Database Right 75

Database Right Due Diligence Intellectual Property Government 75

Kluwer Copyright Blog

DECEMBER 12, 2021

Access to APIs, such as in the case of OpenAI’s model GPT-3 , the use of technical protection measures and access to training data limited by database rights are some already existing examples. On the whole, it seems there is no justification for the creation of a sui generis right or ancillary right for the protection of ML models.

Copyright 52

Copyright Public Domain Intellectual Property Database Right 52

Kluwer Copyright Blog

MAY 16, 2022

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. More from our authors: Law of Raw Data. Intellectual Property Law in China, 2nd edition. by Christopher Heath. €

Intellectual Property Law 84

Intellectual Property Law Copyright Intellectual Property Editing 84