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Is there a sui generis protection for computer databases? ( see definition of computer database) Unlike Europe, India does not have sui generis databaserights. 2(o) of the Copyright Act provides that literary work includestables and compilation including acomputer database. Mere proof of ownership would suffice.
In a recent case before the Dutch (district) court of Midden-Nederland, the question arose whether databaserights 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.
The underlying claim concerned the alleged infringement of databaserights and copyright in various aspects of the Bitcoin System. Dr Wright claims to own databaserights in various iterations of the Bitcoin Blockchain and literary copyright in the White Paper and in what is referred to in the claim as the “Bitcoin File Format”.
For instance, he reviews the UK system of protection for computer-generated works and the EU sui generis databaseright. Drawing a parallel with the lack of real impact of the databaseright, Fernández suggests policymakers should avoid creating a special right for AI-generated works.
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.
The authors look at the issue from the perspective of US and EU approaches to database protection. Their analysis is especially relevant in light of the criticism of the EU sui generis databaserights and recent plans to revisit the EU Database Directive.
The Vatican Act does not however detail restricted acts under copyright and other rights, including related and other rights (e.g., the sui generis databaseright). The Vatican approach is admittedly intriguing, also considering the long-vexed issue of ownership of AI-generated outputs.
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