sui generis right

Simon Geiregat (Ghent University)

Data Portability Rights versus IP – Part II

September 29, 2022

Carolina Banda (Max Planck Institute for Innovation and Competition) , Begoña González Otero (Max Planck Institute for Innovation and Competition) , Valentina Moscon (Max Planck Institute for Innovation and Competition)

A Closer Insight into Copyright related Issues in the Position Statement of the Max Planck Institute for Innovation and Competition on the Commission’s Proposal for a Data Act

June 29, 2022

Image by Pete Linforth from Pixabay Introduction On 23 February 2022, the European Commission (EC) published a Proposal for a ‘Regulation on harmonised rules on fair access to and use of data (Data…

Paul Keller (Institute for Information Law (IViR))

A vanishing right? The Sui Generis Database Right and the proposed Data Act

March 4, 2022

Tape Robot at the Institute for Sound and Vision, Paul Keller, CC BY 4.0 Last week the European Commission published its proposal for a Data Act. The proposal is the second major element of the…

Mireille van Eechoud (Institute for Information Law (IViR))

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

August 18, 2021

In retrospect, life was simple in 1996, the year that gave us the Database directive and its much-maligned sui generis right aimed at promoting a European database industry. Fast forward and see: The…

Martin Husovec (London School of Economics) , Estelle Derclaye (The University of Nottingham)

Access to information and competition concerns enter the sui generis right’s infringement test – The CJEU redefines the database right

June 17, 2021

Photo by mcmurryjulie via Pixabay On 3 June 2021, the CJEU handed down its judgment in CV-Online Latvia v Melons (with Ilešič as a reporting judge), a case involving Melons’ infringement of CV…

Alina Trapova (University College London) , João Pedro Quintais (Institute for Information Law (IViR))

EU copyright law round up – first trimester of 2021

April 6, 2021

Photo by Markus Spiske on Unsplash In this new series we will be updating readers every three months on developments in EU copyright law. This will include Court of Justice (CJEU) and General Court…

Tatiana Synodinou (University of Cyprus)

Search engines and databases in the search for a balance: the AG’s Opinion in the ‘CV-Online Latvia’ case

February 22, 2021

Image by Mediamodifier from Pixabay On 14 January 2021, Advocate General (AG) Szpunar delivered his Opinion in Case C‑762/19, SIA ‘CV-Online Latvia’ v SIA ‘Melons’, a further case relating to the…

Patricia Mariscal (Elzaburu)

Pharmaceutical big data as a valuable asset: the IMS Health case

September 17, 2018

The Spanish Supreme Court dismissed the cassation appeal filed by the Spanish affiliate of the American group IMS HEALTH against the judgment of the Provincial Appellate Court of Madrid ordering…

Leon Trapman (Institute for Information Law (IViR))

Pearson v. Bär Software: on the use of unprotected databases

January 31, 2017

On 22 November 2016, the Court of Appeal of Amsterdam decided the case Pearson v. Bär Software (the judgment is only available in Dutch). The judgment seems remarkable in light of the CJEU’s earlier…