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In a nutshell, a specialist search engine engaging in re-use of substantial parts of the database of a job adverts website was accused of violating sui generis databaseright. The Copyright / Trademark Interface: How the Expansion of Trademark Protection Is Stifling Cultural Creativity. by Tito Rendas. €
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. by Tito Rendas. €
In addition, potential and tangible intersections between intellectual property and these trending topics were recently discussed by The Trademark Lawyer Magazine. TRADE MARKS The so-called "metaverse" and "non-fungible tokens" (NFTs) have generated hype among technology enthusiasts over the past two years.
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.
The second edition offers revised, or wholly rewritten chapters to the overlaps discussed in the first edition so as to reflect recent developments, as well as to include new chapters (the overlap between privacy and copyright law; privacy and secrecy; trademarks certification marks and collective marks; and IP and traditional knowledge).
This case relates to the sui generis databaseright and its application to the activity of search engines. The Copyright / Trademark Interface: How the Expansion of Trademark Protection Is Stifling Cultural Creativity. CJEU judgments and AG Opinions. CV-Online Latvia, Court of Justice, Case C ?762/19. by Tito Rendas. €
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.
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