The following IP practice note provides comprehensive and up to date legal information covering:
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, see Practice Note: Brexit—IP rights.
Databases, especially electronic databases, have for some time now made up an important sector of the economy. They are a vital tool in the development of an information market in the European Community.
Key legislation relevant to the copyright in databases and database rights are:
the Copyright, Designs and Patents Act 1988 (CDPA 1988)
Directive 96/9/EC on the legal protection of databases (Database Directive)
the Copyright and Rights in Databases Regulations 1997 (CRD 1997), SI 1997/3032
A database can be protected in different ways:
copyright can protect literary and artistic works including tables and compilations that form part of a database (literary copyright for tables and compilations was removed for databases by CDPA 1988, s 3(1)(a)), if they are original works
copyright can protect the structure of a database under CDPA 1988, ss 3–3A which gives effect to Article 3 of the Database Directive, if it is an original literary work. The test of originality is that there must be effort spent on the selection and arrangement of the data and
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Unlike many other countries, the UK has no unfair competition law. Brand owners seeking to prevent competitors from marketing ‘copycat’ products or using misleading advertising have to rely on a combination of different intellectual property rights. These rights include the common law right to
What is recklessness?In respect of some statutory offences and common law crimes the prosecution are required to prove a mental element of recklessness on the part of the defendant.Recklessness means unjustified risk taking on the part of the accused.Prior to the House of Lords decision in Re G
A limited company that proposes to issue redeemable shares must comply with the provisions of the Companies Act 2006 (CA 2006).Why do companies issue redeemable shares?A company may wish to issue redeemable shares so that it has an alternative way to return surplus capital to shareholders without
This Practice Note considers the legal concept of mistake in contract law. It examines common mistake, mutual mistake, unilateral mistake, mistake as to identity and mistake as to the document signed (non est factum). It also considers the impact of each of these types of mistake on the contract and
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.