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A vanishing right? The Sui Generis Database Right and the proposed Data Act

Kluwer Copyright Blog

The proposal is the second major element of the European Data Strategy presented in 2020 and complements the Data Governance Act that is expected to be formally adopted this spring. In the impact assessment report this intervention is now described as a targeted review of the Database Right. A right that shall not be exercised.

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Dutch court rejects claims for sui generis database protection of national company register

The IPKat

In a recent case before the Dutch (district) court of Midden-Nederland, the question arose whether database rights 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.

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[Guest post] The UK’s AI and copyright consultation – will data protection law render any commercial TDM exception ineffective?

The IPKat

by Adrian Aronsson-Storrier and Sam Berriman IPKat-approved scraping As regular readers of the IPKat will be aware, the UK government is currently undertaking a consultation on AI and copyright , previously covered here and here. What does this mean for the AI and copyright consultation?

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

Kluwer Copyright Blog

The outcome of the consultation is supposed to inform the government with respect to a potential legislative reform of the UK Copyright Designs and Patents Act 1988 (CDPA). With respect to the CGW provision the government has decided to make no changes to the law. The consultation closed in the beginning of January 2022.

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Please share nicely — From Database directive to Data (governance) acts

Kluwer Copyright Blog

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. Stage II: The Data Governance Act. But the Data governance act would do more. 1(6) Open data directive).

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DPG Media et al vs. HowardsHome – A national ruling on DSM’s press publishers’ rights and TDM exceptions

Kluwer Copyright Blog

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 database rights.

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Art. 17 DSM Directive: International Application in EU cross-border scenarios – Or: Why the EU needs a faithful implementation into national law

Kluwer Copyright Blog

Although this decision only concerns the “re-utilization” of databases protected by the sui generis right (related right) of the EU Database Directive 96/9, there are strong arguments that the decision also applies to Art. 3 InfoSoc Directive as a conflict of law rule governing its international application.

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