The following IP guidance note Produced in partnership with Herbert Smith Freehills LLP provides comprehensive and up to date legal information covering:
The provisions of the Copyright, Designs and Patents Act 1988 (CDPA 1988) apply in relation to dealing with database rights and databases as they do to copyright and copyright works, so that database rights may be transmissible by assignment, by testamentary disposition or by operation of law, as personal or moveable property.
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 class of works or on the occurrence of a future event
A licence of database rights need not be in writing unless it is an exclusive licence, in which case it:
must be signed by or on behalf of the right owner
This Practice Note covers the transfer and licensing of database rights and databases; for a further information on the transferring of copyright works generally, see the following Practice Notes:
Copyright assignment and licensing
Transferring and licensing copyright—commercial issues
For further guidance on data protection laws which much be complied with where the database contains personal data, see GDPR toolkit.
The provisions of CDPA 1988 that deal with rights in copyright works apply in
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