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Moreover, does equating IP with tangible property risk distorting its fundamental purpose? 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). Data and Intellectual Property What was the IP involved in this case?
In a recent case before the Dutch (district) court of Midden-Nederland, the question arose whether databaserights can be invoked to prevent third parties reusing and offering data retrieved from the national company register. For those Kats accessing a company register frequently, the decision is certainly worth the read.
This can include information such as the name, address or the IP address of a person, their appearance or voice. By way of brief overview of data protection law, under the UK GDPR personal data means any information relating to an identified or identifiable natural person. What does this mean for the AI and copyright consultation?
It's time for a weekly review of posts from the surrounding IP blogs over the past week! This article provides an overview of the current trends in the U.S. Marks IP has reported on the background to the dispute and the JPO's decision on the invalidity action. The IPKat has reported on a few of them below.
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. Reminder: last call to vote for your best IP book of 2021 by participating in the poll here !
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 IPrights over some datasets is welcome. The European Copyright Society posted an opinion on selected aspects of the proposed Data Act. The aim of the Data Act’s sui generis clause (art. However, its drafting is flawed and risks creating even more fragmentation in the laws of Member States.
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.
The Data Act Proposal explicitly addresses the relationship between the new right to access and share IoT data and the sui generis databaseright provided for in Article 7 of Directive 96/9/EC. Key coordination issues. The Institute explains in detail how this provision should be interpreted and how it could be improved.
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.
The CJEU’s recognition of the added value for customers that content aggregators can create, and the refined and subtle (while perhaps not totally clear) balancing act suggested by the decision, makes CV-Online Latvia an important addition to the CJEU’s databaseright jurisprudence.
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.
The AG is of the opinion that such national legislation is precluded by EU law and in particular by Article 3(2) of Directive 2000/31 , as well as Article 16(1) and 2(d) of Directive 2006/123. According to the AG, it follows from Article 297 TFEU that EU law is, in principle, not capable of benefiting from copyright protection.
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.
1] See, [link] [2] A previous proposal to introduce a new copyright and databaseright exception which allows text and data mining for any purpose (including commercial exploitation) was formally abandoned by the UK Government in early 2023. [3] 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 intellectual property 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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