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

Kluwer Copyright Blog

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.

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

The IPKat

In the era of fake news, reliable sources of information are more valuable than ever. Accessing those registers usually comes at a cost, prompting some commercial parties to offer the same information at a lower price. Although generic information (e.g. All Dutch companies are by law required to register with the KvK.

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Access to information and competition concerns enter the sui generis right’s infringement test – The CJEU redefines the database right

Kluwer Copyright Blog

In a nutshell, a specialist search engine engaging in re-use of substantial parts of the database of a job adverts website was accused of violating sui generis database right. price transparency for consumers), there is no infringement unless the risk to the database maker’s initial investment outweighs these considerations.

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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

Such rights reservations are often informally described as opt outs. 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.

Copyright 111
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A Big Win for Dalit Researchers: Implications for IP

SpicyIP

here and here ) In this case, one will need to prove that the data compilation does qualify as TS or confidential information. Is there a sui generis protection for computer databases? ( see definition of computer database) Unlike Europe, India does not have sui generis database rights. However, sec.

IP 59
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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. So effectively, the 2013 directive already curtailed public sector bodies’ copyright and sui generis rights in data.

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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

HowardsHome obtains the information for its alerts mainly from Really Simple Syndication-feeds ( RSS-feeds “) of news items publicly available online. RSS-feeds contain various information about an article. Press publishers right The press publishers right is recognised in Article 15 DSM Directive.