Rights in databases—training materials—practical scenario

The following IP practice note provides comprehensive and up to date legal information covering:

  • Rights in databases—training materials—practical scenario
  • Meditech scenario on database right and database copyright
  • Some background facts
  • Sui generis database right
  • Is there a database?
  • Does database right subsist in Meditech’s database under the law of England and Wales?
  • Has that database right been infringed?
  • Database copyright
  • Does copyright subsist in Meditech’s database as a ‘database’?
  • Is copyright in Meditech’s database ‘as a database’ infringed?
  • More...

Rights in databases—training materials—practical scenario

Meditech scenario on database right and database copyright

This training scenario accompanies Precedent: Rights in databases—training materials. It is designed to help those new to the subject apply their new knowledge and achieve a deeper understanding of the subject.

Some background facts

Meditech provided a health screening service, supplied via an internet-based analysis and reporting system, to Custech. The system used a medical device which recorded patient data to take a reading from a patient. The patient data were then inputted into system via a web-based processing system. The patient data were then reviewed by a qualified professional who selected from a range of options from menus. The menus corresponded with variables contained in a database. The database comprised a set of classifications of relevant physical characteristics, such as resting heart rate, recorded by the medical device. For each classification, the database contained a number of options such as ‘normal’, ‘fast’ or ‘slow’. Within the system, a risk status was associated with each option. Explanatory text was also provided in relation to the options to provide further information to the patient on their reading.

To enable the patient to access the results of the screening, the system (using software) output an extensible mark-up language (XML) file with a standardised format. The XML file was then used to generate a report for distribution to the

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