The following IP Q&A Produced in partnership with Joshua Marshall of Fieldfisher provides comprehensive and up to date legal information covering:
1. Following Brexit, will the UK need specific legislation for UK national database rights if the EU right no longer applies?
Rights in databases exist in two forms: (1) copyright in the selection or arrangement of the data in the database; and (2) a sui generis database right in the contents of the database where there has been substantial investment in obtaining, verifying or presenting it. Resources invested in the creation of the data itself is irrelevant for determining whether database rights subsist (British Horse Racing Board v William Hill). The copyright in a database is infringed in the same way as any other form of literary copyright. The database right is infringed by extracting or reutilising all or a substantial part of the contents of the database. Fundamentally, the defendant’s work must derive from the claimant’s database.
Directive 96/9/EC (Database Directive) has been implemented in UK law since 1998 through section 3–3A of the Copyright, Designs and Patents Act 1988 (CDPA 1988) and the Copyright and Rights in Databases Regulations 1997, SI 1997/3032. Unless repealed, these provisions will continue in force. The issue is that, as drafted, for database rights to subsist in the database, the qualification requirements under SI 1997/3032, reg 18 must be satisfied. Essentially, this requires the maker to be a national of, resident within, incorporated in or formed within a EEA
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When is quantum meruit and quantum valebat relevant?Claims in quantum meruit (value of services) and quantum valebat (value of goods) arise in diverse situations ranging from where contractual terms are silent on issues of payment to where there is no contract at all (Serck v Drake & Scull).General
BREXIT: As of 31 January 2020, the UK is no longer an EU Member State, but has entered an implementation period during which it continues to be treated by the EU as a Member State for many purposes. As a third country, the UK can no longer participate in the EU’s political institutions, agencies,
There may be times when, rather than assigning the benefit of an agreement to a third party, the original parties wish instead to end their obligations to each other under that agreement and, in effect, recreate it, with the third party stepping into the shoes of one of the original parties. This is
This Practice Note provides a high-level introduction to diversity and inclusion (D&I) and key reasons why it is important to law firms. Specific aspects of D&I are covered in more detail in Practice Notes:•The growing focus on diversity and inclusion (D&I) in law firms•Unconscious bias—law
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