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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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Opinion of the European Copyright Society on selected aspects of the proposed Data Act

Kluwer Copyright Blog

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. More from our authors: Law of Raw Data. Intellectual Property Law in China, 2nd edition. by Christopher Heath. €

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

Kluwer Copyright Blog

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). All-purpose TDM.

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Are AI models’ weights protected databases?

Kluwer Copyright Blog

However, it’s unclear whether the models themselves are currently protected by intellectual property laws. If model weights qualify as a database, what then? The run file is a classic piece of software and does not pose particular difficulties.

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The Jungle Bird, El Diablo, and the Zombie or Machine Learning Models, Computer Programs and Copyright put to the test

Kluwer Copyright Blog

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 database rights 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.

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A “pro-innovation” agenda: the UK Government’s Approach to AI and Digital Technology

LexBlog IP

” Government should announce a clear policy position on the relationship between intellectual property law and generative AI to provide confidence to innovators and investors. One thing is for sure – the legal and regulatory framework in the UK with respect to AI is rapidly evolving, so watch this space. [1]

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Computer and Internet Weekly Updates for 2021-12-04

Barry Sookman

. 'Out of step with other nations': Canada's Crown copyright laws in need of an overhaul, say library associations [link] 2021-12-01. Getting ready for Quebec’s Bill 64 privacy law impacts on outsourcing [link] 2021-12-02. link] 2021-12-02.