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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.
The ICO response to the consultation series on generative AI In January 2024, the ICO launched a consultation series on how aspects of data protection law should apply to the development and use of generative AI models, and the ICO released their outcomes report in December 2024.
as a reporting judge), a case involving Melons’ infringement of CV-Online Latvia’s database of job advertisements arguably protected by the sui generis right. 41 of the judgment also opens doors to the assessment of fundamental rights, such as freedom of expression and of information, on the level of infringement test.
NCSC, nudged by the BHC, initiated an inquiry and submitted a report recommending compensation as per the Atrocities Act and rules In response, the State refused to provide compensation for the loss of raw data collected during the survey under Rule 12(4) for damage to property. Is there a sui generis protection for computer databases? (
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.
The IPKat has reported on a few of them below. Marks IP has reported on the background to the dispute and the JPO's decision on the invalidity action. The concepts and role of the informed user and the degree of freedom of choice were recently clarified in Turkish design law, and Marques has reported on the case.
For public sector bodies — producers and holders of vast quantities of data — as well as for the companies that act as suppliers, the sui generis databaseright has been slowly eroded since 2003. What ideas the Commission has with respect to the Database directive is difficult to gauge from the consultation.
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?
As reported on The IPKat and elsewhere , the Hamburg court ruled that LAION could rely on the exception found in Section 60d UrhG (TDM for scientific research purposes). 3 and 4 of the DSM Directive (310 O 227/23). By this provision, Germany had transposed Art. 3 of the DSM Directive into its own law.
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. Photo by Kevin Ku on Unsplash.
This post focuses on selected copyright and related rights matters that the Institute details in its Position Statement. The Data Act Proposal explicitly addresses the relationship between the new right to access and share IoT data and the sui generis databaseright provided for in Article 7 of Directive 96/9/EC.
Although this decision only concerns the “re-utilization” of databases protected by the sui generis right (related right) of the EU Database Directive 96/9, there are strong arguments that the decision also applies to Art. 3 InfoSoc Directive as a conflict of law rule governing its international application.
European Parliament, Report on AI in the Digital Age. In the beginning of April, the European Parliament published a report on AI in the Digital Age. The report, prepared by the very well-known to the copyright audience Mr Axel Voss, stresses the importance of harmonisation and clear and transparent enforcement of IPRs.
The first report of this project was published on 15 March 2023 (the “ Vallance Report ”), and the UK Government released its response (the “ Government’s Response ”) shortly after. 3] “The Government is committed to bringing forward this legislation when parliamentary time allows.”
This is because training of GenAI models requires processing of large amounts of data that potentially contain copyrighted works, as well as materials displaying trademarks and data compilations which may be protected by sui generis databaserights in the EU, or other information the use of which may be restricted by contract or terms of use.
This case relates to the sui generis databaseright and its application to the activity of search engines. Following a report by the Legal Affairs Committee, on 19 May 2021 the European Parliament adopted a Resolution on the challenges of sports events organisers in the digital environment (discussed on the blog here ).
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