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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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A Big Win for Dalit Researchers: Implications for IP

SpicyIP

2023, the Bombay HC (Nagpur Bench) delivered a salient judgement , with significant implications for both the SC/ST Act and Intellectual Property. 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).

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Around the IP Blogs

The IPKat

The IPKat has reported on a few of them below. In addition, potential and tangible intersections between intellectual property and these trending topics were recently discussed by The Trademark Lawyer Magazine. Marks IP has reported on the background to the dispute and the JPO's decision on the invalidity action.

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Never Too Late: If you missed the IPKat the past 2 weeks!

The IPKat

The author gave food for thought on the reproduction of works of art on book covers, on possible moral rights in the discussion, and on Walter Benjamin's notion of the "aura" of a work. PATENTS GuestKat Rose Hughes reported on a decision by the Court of Appeal of the Federal Circuit (CAFC) in the life science field on a dosage regime claim.

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

Kluwer Copyright Blog

Fast forward and see: The Database directive stands unchanged and there is still no clear evidence that the then-new intellectual property right is an effective instrument. Stage I: to the Open data directive.

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Top 10 Posts on the Kluwer Copyright Blog in 2022

Kluwer Copyright Blog

YouTube’s first Copyright Transparency Report 2021 – A step towards “factfulness” by Jan Bernd Nordemann. At the end of 2021, YouTube’s first Copyright Transparency Report 2021 (“Report”) was published. In any case, this first YouTube Report is indeed a promising start (Paul Keller, op cit.), A vanishing right?

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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). Users reported mixed experiences with licensing.