Re-utilisation definition

View the related practice notes about Re-utilisation

Database right infringement

Database right is a property right, first introduced in the UK by the implementation of Directive 96/9/EC (EU Database Directive), in a database where there has been substantial investment in obtaining, verifying or presenting its contents. Examples of what constitutes a database include: a hard copy or electronic encyclopedia; collections of data on websites; the intranet; a spreadsheet that records a database and a pdf document of such a spreadsheet (see the Forensic Telecommunications Services Limited case); and a document management system. The EU Database Directive was implemented in the UK by the Copyright and Rights in Databases Regulations 1997 (CRD 1997 or Database Regulations 1997), SI 1997/3032. Database right is infringed by extraction or re-utilisation of all or a substantial part of the contents of the database without the consent of the owner of the right. Not all databases are protected by the database right. The only ones that are protected are those in which there has been substantial investment. Retained EU law (REUL) is a legal concept describing...

Legal protection of databases in the UK

UK databases—scope, Brexit and assimilated lawThe law protecting databases in the UK has been significantly influenced by EU legislative initiatives, particularly in the two decades before Brexit. Following the UK’s exit from the EU, EU law introduced, or implemented, after 31 December 2020 (IP completion day) is not binding in the UK. For pre-existing EU legislation, a new category of domestic law, retained EU law, was introduced under the European Union (Withdrawal) Act 2018 (EU(W)A 2018), and case law relating to any such retained EU law prior to the end of 2020 continued to have effect in the UK. The European Union (Withdrawal Agreement) Act 2020 made several changes to EU(W)A 2018 and introduced an implementation period beginning on 31 December 2020. During the implementation period, the legal position was frozen, save where actively amended by UK Parliament. UK courts could have regard to, but were no longer bound by, principles laid down or decisions made by the EU courts after this date. For more information, see Practice Notes: Brexit—key...

View the related precedents about Re-utilisation

Particulars of claim (database right infringement)

Particulars of claim (database right infringement) Case No. [insert number] IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS OF ENGLAND & WALES INTELLECTUAL PROPERTY LIST (ChD) [INTELLECTUAL PROPERTY ENTERPRISE COURT] Between [insert full name of claimant]        Claimant and [insert full name of defendant]        Defendant ________________________________________ PARTICULARS OF CLAIM ________________________________________ The Claimant 1 The Claimant is and has at all material times been [insert details of claimant]. The Claimant’s principal business activity is [insert type of business carried out]. In particular, the Claimant [insert brief description of claimant’s business relating to the database]. The Claimant’s Database 2 The database is a collection of independent [works, data or other materials] which are arranged in a systematic or methodical way and are individually accessible by [electronic or other means]. The database consists of data relating to [insert details of relevant database eg description of contents] (the Database). 3 The Database was created by [the Claimant OR [name of maker], [an employee of the Claimant during the...

Letter of claim—database right infringement

Letter of claim—database right infringement Letter of claim [Alleged infringer’s name and address] [Date] Dear [insert organisation name] [Copyright and] database right infringement: [Name and description of database] We are writing on behalf of [name of client] of [address]. We are writing to you about your activities and actions, which amount to an infringement of our client’s [copyright and] database right. [Name of client] [Name of client] operates in [describe the industry of operation, what the rights owner does, who in the company makes, produces and maintains the database and, if relevant how, they are employed] and is the owner of [Define or give the name of the database ](Database). [Name of client] is the [owner OR owner-assignee OR non-exclusive licensee OR exclusive licensee] of [copyright and] database right in the Database, an extract of which is enclosed for your attention. [In accordance with section 11(2) of the Copyright, Designs and Patents Act 1988 (CDPA 1988) and the Copyright and Rights...

View the related q&as about Re-utilisation

How do I deal with database extraction and re-utilisation?

How do I deal with database extraction and re-utilisation? Protection of investment A database right in a database is infringed if an alleged infringer extracts or re-utilises all or a substantial part of its contents or where systematic extraction or re-utilisation of insubstantial part of the contents of the database amounts to the extraction or re-utilisation of a substantial part of those contents. The right to prevent extraction and re-utilisation stems from the database right that protects the investment of the maker of the database in the arrangement and verification of it. This protection of investment is the main point for the client to understand. The protection is not given to the investment in the creation of information but on investment made in the generation of a database as a storage and processing tool for information. 'Substantial investment' is an investment that is considerable in, for example, financial, human or technical resources in a qualitative (intellectual effort or energy) or quantitative sense, or both (see the ...

When is it lawful to link to other websites?

When is it lawful to link to other websites? Linking and copyright protection Website owners and those using the internet commonly link either to another website's home page or to a page situated away from the home page, deeper into the website. Website pages usually benefit from copyright protection and may be protected by other intellectual property rights. Linking, which creates a copy of a website page on the receiving user's computer when the link is opened, may result in copyright, database right and/or trade mark infringement, passing off and breach of terms and conditions of use of websites. This Q&A deals with legal issues regarding linking to and from websites. There are technical measures such as specialist software available to companies seeking to limit or monitor linking, the details of which are beyond the scope of this note. Potential pitfalls The internet is all about linking and most website owners want you to link to their content. However, certain content-rich business sectors want to prevent other...

View the related News about Re-utilisation

Information Law weekly highlights—17 June 2021

This week’s edition of Information Law weekly highlights includes: news that the French data protection authority (the CNIL) has approved a new code of conduct for cloud infrastructure service providers under the EU’s General Data Protection Regulation (EU GDPR), that the European Commission has announced the launch of process towards adoption of an adequacy decision for South Korea and analysis of the recently published standard contractual clauses (SCCs) for arrangements between controllers and processors in the EEA. It also includes news that the Belgian data protection authority has welcomed a recent ruling by the Court of Justice on the one-stop-shop mechanism, analysis of a recent decision on database rights and news that the European Commission has opened a consultation seeking feedback on amended rules on the legal protection of databases.