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Among other things, the proposal clarifies that the " sui generis databaseright " introduced by the Database Directive does not apply to databases containing data originating from or generated by the use of a connected device. The Kluwer Copyright Blog, therefore, explains potential challenges that may arise.
The hypothetical case is an invention for a diagnostic device and method, all with the use of an artificial intelligence network to analyse data. The fictitious German inventors want to commercialise their invention, yet do not have sufficient funds to seek patent registration. In the second part, Harrison gradually unfolds the case.
Databases and the Need for Protection: Nowadays, database thieves can use a variety of electronic tools to copy any database and distribute it globally, and they can do so for a fraction of the high cost associated with producing such products. The copyright of a database is safeguarded by the Copyright Act of 1957.
Ownership for patent inventions. Following the consultation, the UK government has now decided to introduce a new copyright and databaseright exception which allows TDM for any purpose, i.e. including commercial uses. The text and data mining (TDM) exception – section 29A CDPA. All-purpose TDM.
Of course, it’s possible to argue that there is not an inherent limitation on the kinds of expressions of computer programs (after all, a text in an invented language [but not the language itself ] can still be protected by copyright) and that compiled code is numerical (binary code), rather than textual, also unreadable by humans.
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