Kluwer Copyright Blog
AUGUST 16, 2021
Welcome to the second trimester of 2021 round up of EU copyright law! On 3 June 2021, the CJEU delivered its judgment in CV-Online Latvia. This case relates to the sui generis database right and its application to the activity of search engines. The deadline to implement the CDSM Directive passed on 7 June 2021.
The IPKat
JANUARY 30, 2022
GuestKat Becky Knott commented on the decision of the 2nd Board of Appeal in case R 609/2021-2 [ Volkswagen Aktiengesellschaft v European Flipper / Pinball Factory GmbH ], which shows that it is possible to rely on 3D marks in the context of opposition proceedings.
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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. Cyando AG, for which the judgment date has been set for June 22, 2021.
Kluwer Copyright Blog
JULY 7, 2022
We started this rubric back in 2021. The implementation of the CDSM Directive is still far from over, despite the fact that the implementation deadline passed more than a year ago – on 7 June 2021. The copyright in these two titles expired at the beginning of 2021. Photo by Markus Spiske on Unsplash. Stay tuned! by Edward J.
Kluwer Copyright Blog
MARCH 4, 2022
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.
Kluwer Copyright Blog
JUNE 17, 2021
On 3 June 2021, the CJEU handed down its judgment in CV-Online Latvia v Melons (with Ileši? 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. Photo by mcmurryjulie via Pixabay.
Kluwer Copyright Blog
AUGUST 18, 2021
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. The implementation deadline for the revamped directive has just passed (17 July 2021).
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