Database Right and IP - Intellectual Property Pulse

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

IAM Magazine

JUNE 29, 2022

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

Database Right

Database Right IP Copyright

New possibilities for data : European Union legal developments

JD Supra Law

DECEMBER 23, 2021

This approach is being implemented, among other aspects, by introducing IP exceptions (e.g., 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.

Database Right

Database Right IP

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

IAM Magazine

JUNE 29, 2022

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

Database Right

Database Right IP Copyright

Around the IP Blogs

The IPKat

MARCH 6, 2022

It's time for a weekly review of posts from the surrounding IP blogs over the past week! 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. Meanwhile, in Japan, Apple Inc.

Blogging

Blogging Non-Fungible Tokens IP Intellectual Property

Book review: Guidebook to Intellectual Property + discount code

The IPKat

MARCH 18, 2023

It provides an outline of the basic legal principles and how the IP system works. The preface reiterates that the purpose of the book is to describe the essential nature of living IP law: "What we want is the reader to come away with a good idea of how IP works in practice."

Intellectual Property

Intellectual Property Moral Rights Database Right Editing

Training AI models on Synthetic Data: No silver bullet for IP infringement risk in the context of training AI systems (Part 1 of 4)

LexBlog IP

DECEMBER 12, 2023

Yet, beneath the surface of the transformative potential of AI lies a complex legal web of intellectual property (“IP”) risks, particularly concerning the use of “real-world” training data, which may lead to alleged infringement of third-party IP rights if AI training data is not appropriately sourced.

IP

IP Database Right Intellectual Property Copyright

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

The IPKat

JANUARY 30, 2022

The author gave food for thought on the reproduction of works of art on book covers, on possible moral rights in the discussion, and on Walter Benjamin's notion of the "aura" of a work. Reminder: last call to vote for your best IP book of 2021 by participating in the poll here !

Moral Rights

Moral Rights Database Right Designs Design

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

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.

Government

Government Database Right Intellectual Property Copyright

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

JUNE 28, 2022

This post focuses on selected copyright and related rights matters that the Institute details in its Position Statement. 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.

Copyright

Copyright Intellectual Property Database Right Related Rights

Digital collections from GLAM institutions: Policy Paper

Kluwer Copyright Blog

JULY 14, 2023

Minimize database rights to favour access to and use of digital works. National policymakers should review existing sui generis database rights or similar rights, when they exist, in order to avoid limiting access and use of public domain works. Proposal 4. Proposal 12.

Database Right

Database Right Licensing Public Domain Artwork

Copyright Protection For Databases In India

IP and Legal Filings

AUGUST 19, 2022

In addition to this, numerous other sections address various facets of upholding database rights. The copyright of a database is safeguarded by the Copyright Act of 1957. The post Copyright Protection For Databases In India first appeared on IPLF.

Copyright

Copyright Database Right Privacy Technology

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

Kluwer Copyright Blog

DECEMBER 12, 2021

European and international policymakers have raised how artificial intelligence (AI) interacts with intellectual property (IP) law on several occasions. Nonetheless, before any policy and law-making endeavour can be undertaken, a fitness test of the existing IP framework is indispensable. These topics are in need of further research.

Copyright

Copyright Public Domain Intellectual Property Database Right

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

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.

Database Right

Database Right Government Law Ownership

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

The IPKat

FEBRUARY 4, 2022

The CJEU’s recognition of the added value for customers that content aggregators can create, and the refined and subtle (while perhaps not totally clear) balancing act suggested by the decision, makes CV-Online Latvia an important addition to the CJEU’s database right jurisprudence.

Cease and Desist

Cease and Desist Database Right Litigation Marketing

Kluwer Copyright Blog

JULY 7, 2022

Focusing on SMEs, the report highlits that IP protection among these remains low. 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. EU Intellectual Property Office, 2022 IP Youth Scoreboard. Coming soon and latest referrals.

Copyright Law

Copyright Law Copyright Law Publishing

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

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

Intellectual Property Law Copyright Intellectual Property Editing

Book Review: Overlapping Intellectual Property Rights (Second Edition)

The IPKat

MAY 29, 2023

Now in its second edition, the book offers a perspective on how one can address the overlap between intellectual property (IP) rights, either to reconcile them in whole or in part, or to pre-empt one over the other. The authors look at the issue from the perspective of US and EU approaches to database protection.

Intellectual Property

Intellectual Property Editing Privacy Moral Rights

Kluwer Copyright Blog

JUNE 29, 2023

On the copyright side, it stresses that some of the sources used to research the sector may be subject to copyright and database rights and as such it warns against infringement with an important focus on exceptions.

Copyright Law

Copyright Law Law Copyright Publishing

Kluwer Copyright Blog

AUGUST 16, 2021

This case relates to the sui generis database right and its application to the activity of search engines. CJEU judgments and AG Opinions. CV-Online Latvia, Court of Justice, Case C ?762/19. On 3 June 2021, the CJEU delivered its judgment in CV-Online Latvia. You can read a comment on the case here.

Copyright Law

Copyright Law Copyright Law Art

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

LexBlog IP

APRIL 25, 2023

1] See, [link] [2] A previous proposal to introduce a new copyright and database right exception which allows text and data mining for any purpose (including commercial exploitation) was formally abandoned by the UK Government in early 2023. [3]

Technology

Technology Government Reporting Intellectual Property

Intellectual Property Pulse

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

New possibilities for data : European Union legal developments

Trending Sources

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

Around the IP Blogs

Book review: Guidebook to Intellectual Property + discount code

Training AI models on Synthetic Data: No silver bullet for IP infringement risk in the context of training AI systems (Part 1 of 4)

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

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

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

Digital collections from GLAM institutions: Policy Paper

Copyright Protection For Databases In India

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

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

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

EU copyright law round up – second trimester of 2022

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

Book Review: Overlapping Intellectual Property Rights (Second Edition)

EU copyright law round up – second trimester of 2023

EU copyright law round up – second trimester of 2021

Top 10 Posts on the Kluwer Copyright Blog in 2022

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

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