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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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A Big Win for Dalit Researchers: Implications for IP

SpicyIP

2023, the Bombay HC (Nagpur Bench) delivered a salient judgement , with significant implications for both the SC/ST Act and Intellectual Property. The couple petitioned the National Commission for Scheduled Caste (NCSC) to seek compensation for the loss caused due to the damage to their intellectual property (IP).

IP 59
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The UK government moves forward with a text and data mining exception for all purposes

Kluwer Copyright Blog

As previously reported , between October 2021 and January 2022 the UK Intellectual Property Office held a public consultation on the intersection between artificial intelligence (AI) and intellectual property laws (more specifically, copyright and patents). Database Dir.: articles 5(a) and 7(1). InfoSoc Dir.:

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

The IPKat

DESIGNS The Düsseldorf Higher Regional Court (OLG Düsseldorf) sent a referral to the CJEU (Case C-684/21) on the role of alternative designs in the examination of Article 8(1) of Regulation 6/2002. SpecialKat Hayleigh Bosher reviewed " Performers' Rights " by the Rt Hon Sir Richard Arnold, Judge of the Court of Appeal of England and Wales.

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Top 10 Posts on the Kluwer Copyright Blog in 2022

Kluwer Copyright Blog

Article 17 survives, but freedom of expression safeguards are key: C-401/19 – Poland v Parliament and Council by João Pedro Quintais. [T]he This post provides a refresher on the contents of Article 17, followed by a brief highlight of the main takeaways to kick-off the discussion. A vanishing right? Part II is available here.

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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. Intellectual Property Law in China, 2nd edition.

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Around the IP Blogs

The IPKat

In addition, potential and tangible intersections between intellectual property and these trending topics were recently discussed by The Trademark Lawyer Magazine. This article provides an overview of the current trends in the U.S. The Judgment of the Court was summarized by legal-patent.com.