Poetic justice for owners of database right

Nettleton, Ewan

doi:10.1057/dbm.2009.2

J Database Mark Cust Strategy Manag

2009

DOI: 10.1057/dbm.2009.2

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Poetic justice for owners of database right

Ewan Nettleton¹

Abstract: Bristows. He specialises in Intellectual Property Law with an emphasis on litigation. He has an MA in Chemistry and a D.Phil. in Protein Chemistry and is particularly interested in matters relating to the IT and pharmaceutical industries.

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Worth making a song and dance about database right?

Nettleton¹,

Ohta²

2009

J Database Mark Cust Strategy Manag

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is a trainee at Bristows, who will qualify shortly as an associate in the Commercial Disputes Department. He has a BA in Modern History, and is particularly interested in matters affecting the technology, media and telecommunications sector and the consumer products industries.ABSTRACT Database right has trodden an unsteady course since it was created over a decade ago. Many practitioners wrote off this relatively fl edgling intellectual property right following the European Court of Justice ' s (ECJ) ruling in the British Horseracing Board ( BHB ) and Fixtures Marketing cases, which seemed to severely curtail the protection it affords. However, the more recent ruling from the ECJ in the Directmedia case reinvigorated interest in the right, confi rming that the acts that can infringe it are broad. Hot on the heels of Directmedia comes the most recent ECJ decision on database right, Apis v. Lakorda , a referral from the national courts of recent EU entrant, Bulgaria. This article considers where Bulgaria ' s fi rst intellectual property referral to the ECJ leaves database owners.

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Worth making a song and dance about database right?

Nettleton¹,

Ohta²

2009

J Database Mark Cust Strategy Manag

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Less Is More? Protecting Databases in the EU after Ryanair

Myška

Harašta

2016

MUJLT

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This paper discussed the current status quo of legal protection of databases after the Ryanair case (C-30/14). The first part focuses on the subject matter, scope and limits of legal protection for databases according to the Directive 96/9/EC and the related relevant Court of Justice of the European Union case law. Next, it briefly discusses further possibilities of protection for databases not protected by the copyright and/or sui generis database rights. The second part analyses the recent decision of the Court of Justice of the European Union in the case Ryanair (C-30/14). The third part then discusses the consequences of this decision as regards to potential monopolisation of synthetic data by contract. The conclusions are summed up in the final fourth part.

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Poetic justice for owners of database right

Abstract: Bristows. He specialises in Intellectual Property Law with an emphasis on litigation. He has an MA in Chemistry and a D.Phil. in Protein Chemistry and is particularly interested in matters relating to the IT and pharmaceutical industries.

Cited by 2 publications

References 1 publication

Worth making a song and dance about database right?

Worth making a song and dance about database right?

Less Is More? Protecting Databases in the EU after Ryanair

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