Kluwer Copyright Blog
MARCH 4, 2022
The proposal is the second major element of the European Data Strategy presented in 2020 and complements the Data Governance Act that is expected to be formally adopted this spring. In the impact assessment report this intervention is now described as a targeted review of the Database Right. A right that shall not be exercised.
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.
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Kluwer Copyright Blog
JUNE 17, 2021
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. This judgment thus breaks this trend and gives a more measured and mature view of the right.
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.
Kluwer Copyright Blog
JANUARY 9, 2023
A vanishing right? The Sui Generis Database Right and the proposed Data Act by Paul Keller. [T]he The proposal is the second major element of the European Data Strategy presented in 2020 and complements the Data Governance Act that is expected to be formally adopted this spring.
Kluwer Copyright Blog
JUNE 21, 2021
Although this decision only concerns the “re-utilization” of databases protected by the sui generis right (related right) of the EU Database Directive 96/9, there are strong arguments that the decision also applies to Art. 3 InfoSoc Directive as a conflict of law rule governing its international application.
Kluwer Copyright Blog
JULY 14, 2023
The initial pre-print version was drafted with the collaboration of academics from different universities and led to an international conference in 2020 in Geneva. Minimize database rights to favour access to and use of digital works. version with further considerations (e.g., This post summarizes these findings. Proposal 4.
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