- Database right infringement must adversely affect the owner’s substantial investment (CV-Online Latvia)
- What are the practical implications of this opinion?
- What was the background?
- What did the AG opine?
- Case details
IP analysis: A Latvian company, SIA CV-Online Latvia (CV-Online) sued a content aggregator for the extraction and reutilisation of job notice advertisements hosted in CV-Online’s website database. The database contained metatags, allowing internet search engines to index the webpages. The content aggregator allowed users to search job adverts using keywords and provided a hyperlink to adverts hosted on third party sites and the metatags displayed in the advert. Advocate General (AG) Szpunar opined that the content aggregator extracted and reutilised CV-Online’s database. However, in assessing whether infringement had occurred, national courts should assess whether the extraction or reutilisation adversely affects the substantial investment incurred which gives rise to the sui generis database right. Written by Joshua Marshall, senior associate, at Fieldfisher LLP.
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