Selling or licensing a database
Produced in partnership with Herbert Smith Freehills LLP
Selling or licensing a database

The following IP practice note Produced in partnership with Herbert Smith Freehills LLP provides comprehensive and up to date legal information covering:

  • Selling or licensing a database
  • Assignment
  • Format
  • Wording
  • Key points to consider in the assignment
  • Licensing
  • Format and wording
  • Key points to consider in a licence

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for intellectual property?

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: What does IP completion day mean for intellectual property?

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:

  1. must be in writing

  2. must be signed by or on behalf of the assignor

  3. may be total or partial

  4. may include prospective

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