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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

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. 41 of the judgment also opens doors to the assessment of fundamental rights, such as freedom of expression and of information, on the level of infringement test.

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

The IPKat

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.

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

Kluwer Copyright Blog

For public sector bodies — producers and holders of vast quantities of data — as well as for the companies that act as suppliers, the sui generis database right has been slowly eroded since 2003. What ideas the Commission has with respect to the Database directive is difficult to gauge from the consultation.

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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. A right that shall not be exercised.

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Around the IP Blogs

The IPKat

The IPKat has reported on a few of them below. Marks IP has reported on the background to the dispute and the JPO's decision on the invalidity action. The concepts and role of the informed user and the degree of freedom of choice were recently clarified in Turkish design law, and Marques has reported on the case.

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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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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

This is because training of GenAI models requires processing of large amounts of data that potentially contain copyrighted works, as well as materials displaying trademarks and data compilations which may be protected by sui generis database rights in the EU, or other information the use of which may be restricted by contract or terms of use.

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