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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 databaseright. The CJEU says that Melons does give “users access, on its own website, to job advertisements contained in [CV-Online Latvia’s] database […].”
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 is the only option that achieves the Directive’s stated objective, the creation of a digital single market.
A vanishing right? The Sui Generis DatabaseRight 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.
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.
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