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This is a review of Guidebook to Intellectual Property (seventh edition) authored by Sir Robin Jacob (8 New Square and UCL, Matthew Fisher (UCL) and Lynne Chave (UCL). A discount for IPkat readers has kindly been provided by the publisher, please see below for the code.
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. More from our authors: Law of Raw Data. by Jan Bernd Nordemann, Christian Czychowski. €
On the copyright side, it stresses that some of the sources used to research the sector may be subject to copyright and databaserights and as such it warns against infringement with an important focus on exceptions. More from our authors: Guide to EU and UK Pharmaceutical Regulatory Law, Eighth Edition by Sally Shorthose € 265
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.
The underlying claim concerned the alleged infringement of databaserights and copyright in various aspects of the Bitcoin System. Dr Wright claims to own databaserights in various iterations of the Bitcoin Blockchain and literary copyright in the White Paper and in what is referred to in the claim as the “Bitcoin File Format”.
The Publishers argue that this infringes their exclusive rights to reproduction and to making available their work to the public. At its core, this dispute is about whether HowardsHome’s alert service infringes the Publishers’ press publishers right, copyright and databaserights.
Now in its second edition, the book offers a primer on copyright-related challenges that artificial intelligence (AI) presents. For instance, he reviews the UK system of protection for computer-generated works and the EU sui generis databaseright. This might slow down the development of this market in Europe.
Access to APIs, such as in the case of OpenAI’s model GPT-3 , the use of technical protection measures and access to training data limited by databaserights are some already existing examples. On the whole, it seems there is no justification for the creation of a sui generis right or ancillary right for the protection of ML models.
This Kat is pleased to review the “ Overlapping Intellectual Property rights ”, edited by Neil Wilkof [full disclosure: a member of the IPKat team], Shamnad Basheer, and Irene Calboli (OUP, 2023, 864 pp.). The volume is a beautiful testimony to the work of late Shamnad Basheer, who co-edited the first edition.
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