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.

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.


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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

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?

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.

The UK government moves forward with a text and data mining exception for all purposes

Kluwer Copyright Blog

Thus, the government cautiously decided to keep monitoring developments in the field and reserved its right to “amend, replace or remove protection in future if the evidence supports it”. Rights. Database Dir.: Database Dir.: Photo by Kevin Ku 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.