Kluwer Copyright Blog

JUNE 28, 2022

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.

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Kluwer Copyright Blog

AUGUST 18, 2021

Fast forward and see: The Database directive stands unchanged and there is still no clear evidence that the then-new intellectual property right is an effective instrument. So effectively, the 2013 directive already curtailed public sector bodies’ copyright and sui generis rights in data.

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Kluwer Copyright Blog

AUGUST 24, 2022

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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Kluwer Copyright Blog

MAY 16, 2022

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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Kluwer Copyright Blog

JULY 7, 2022

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.

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Kluwer Copyright Blog

JANUARY 9, 2023

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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Kluwer Copyright Blog

AUGUST 16, 2021

This case relates to the sui generis database right 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.

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