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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 IntellectualProperty Action Plan — the final proposal will be a major disappointment. A right that shall not be exercised.
2023, the Bombay HC (Nagpur Bench) delivered a salient judgement , with significant implications for both the SC/ST Act and IntellectualProperty. The couple petitioned the National Commission for Scheduled Caste (NCSC) to seek compensation for the loss caused due to the damage to their intellectualproperty (IP).
As previously reported , between October 2021 and January 2022 the UK IntellectualProperty Office held a public consultation on the intersection between artificial intelligence (AI) and intellectualproperty laws (more specifically, copyright and patents). Database Dir.: articles 5(a) and 7(1). InfoSoc Dir.:
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.
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.
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. IntellectualProperty Law in China, 2nd edition.
In addition, potential and tangible intersections between intellectualproperty 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.
Fast forward and see: The Database directive stands unchanged and there is still no clear evidence that the then-new intellectualpropertyright is an effective instrument. So effectively, the 2013 directive already curtailed public sector bodies’ copyright and sui generis rights in data.
The Institute acknowledges that the Data Act Proposal seeks to strike a balance between promoting access to and sharing of IoT data and protecting other conflicting rights. This post focuses on selected copyright and related rights matters that the Institute details in its Position Statement. Key coordination issues.
Polish challenge of Article 17 CDSM, C-401/19. On 26 April 2022, the CJEU finally derlivered its judgment, the main focus of which was the Polish challenge of Article 17 of the CDSM Directive. The CJEU upheld the provision, subject to its interpretation in light of fundamental rights. You can read the previous round-ups here.
However, it’s unclear whether the models themselves are currently protected by intellectualproperty laws. However, in the EU there is another strong candidate for protecting model weights: the sui generis protection for databases established in Directive 96/9. If model weights qualify as a database, what then?
This case relates to the sui generis databaseright and its application to the activity of search engines. On 3 June 2021, the European Commission launched another public consultation, which, among other things, seeks input on the review of the Database Directive. CJEU judgments and AG Opinions.
Every Indian citizen has the fundamental right to liberty and the right to privacy thanks to the protections provided by Article 21 of the Indian Constitution. In addition to this, numerous other sections address various facets of upholding databaserights.
” Government should announce a clear policy position on the relationship between intellectualproperty law and generative AI to provide confidence to innovators and investors. labelling) on generated output to support right holders of copyrighted work. 5] See, Article 22 of the UK General Data Protection Regulation.
The last source, scraping internet data, has been the most controversial so far and given rise to concerns from both intellectualproperty and data protection perspectives, and nascent litigation in various jurisdictions when the scraping has been done without permission of the copyright/databaseright holders.
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