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

Kluwer Copyright Blog

In a nutshell, a specialist search engine engaging in re-use of substantial parts of the database of a job adverts website was accused of violating sui generis database right. The CJEU says that Melons does give “users access, on its own website, to job advertisements contained in [CV-Online Latvia’s] database […].”

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

Kluwer Copyright Blog

Fast forward and see: The Database directive stands unchanged and there is still no clear evidence that the then-new intellectual property right is an effective instrument. The 2018 review of the Database directive and accompanying public consultation perpetuated this stasis. Stage I: to the Open data directive.

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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

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.

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EU copyright law round up – second trimester of 2023

Kluwer Copyright Blog

Photo by Markus Spiske on Unsplash Welcome to the second trimester of the 2023 round up of EU copyright law! In this series, every three months we update you on what has happened in EU copyright law. According to the AG, it follows from Article 297 TFEU that EU law is, in principle, not capable of benefiting from copyright protection.

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EU copyright law round up – second trimester of 2022

Kluwer Copyright Blog

Welcome to the second trimester of the 2022 round up of EU copyright law! In this series, we update readers every three months on developments in EU copyright law. This is perhaps one of the most awaited judgemnts in the history of EU copyright law. Internet Law: A Concise Guide to Regulation Around the World. Stay tuned!

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EU copyright law round up – second trimester of 2021

Kluwer Copyright Blog

Welcome to the second trimester of 2021 round up of EU copyright law! In this series, we update readers every three months on developments in EU copyright law. This case relates to the sui generis database right and its application to the activity of search engines. Photo by Markus Spiske on Unsplash. Stay tuned!

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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. 17 DSM Directive into the laws of the EU Member States. To date, there is no CJEU case law on the international application of Art.

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