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There are no general property rights in data. There is an exception, however, where the data is capable of attracting copyright or database right protection. The provisions of the Copyright, Designs and Patents Act 1988 (CDPA 1988) that deal with rights in copyright works apply in relation to database rights and databases as they do to copyright and copyright works, meaning that database rights are transmissible by assignment, testamentary disposition or the operation of law (Copyright and Rights in Databases Regulations 1997, SI 1997/3032, reg 23 and CDPA 1988, s 90(1)).
An assignment transfers ownership of copyright or database right from one entity to another, so that the assignor is no longer the owner of it and therefore cannot use that right in the database unless the assignee grants a licence back to the assignor.
An assignment of database rights:
must be in writing
must be signed by or on behalf of the assignor
may be total or partial
may include prospective rights which will or may come into existence in the future, either on the creation of a future work or clas
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When defendants are guilty, they have a choice to plead guilty or to put the prosecution to proof. When they plead guilty they may benefit from a reduction in their sentence as a result, see Practice Note: Credit for guilty plea. However, the Sentencing Council's overarching guidelines on reduction
Tipping off and prejudicing an investigationIt would undermine the benefit to the authorities if, a suspicious activity report (SAR) having been made, the alleged offender were to be made aware of the interest in their activities so that they could take steps to cover up their misdeeds or disappear.
BREXIT: As of exit day (31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Practice Note. For further guidance on
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and procedure in the civil courts that have been introduced as a result of the coronavirus (COVID-19) pandemic. For guidance, see Practice Note: Coronavirus
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