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PRECEDENTS
1 General information Date of review [Insert date] Person(s) conducting review [Insert name(s)] 2 Review of action points arising from last report Action point Person responsible Status [Action point] [Identify person responsible for this action point] [Status] [Action point] [Identify person responsible for this action point] [Status] [Action point] [Identify person responsible for this action point] [Status] 3 Data 3.1 Overview Data type In the last [insert period, eg quarter] Over the last 12 months Total number of data subject requests received (all types) [Insert number] [Insert number] Number of requests answered
GLOSSARY
A database is a copyright work which comprises a collection of independent works, data or other material which are arranged in a systematic way and are individually accessible by electronic or other means.
PRECEDENTS
This Agreement is made on [insert date] Parties 1 [insert name] [of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Assignor); and 2 [insert name] [of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Assignee) (each of the Assignor and the Assignee being a party and together the Assignor and the Assignee are the parties). BACKGROUND (A) The Assignor is the owner of the copyright and database rights in the Database. (B) The Assignee is [insert description of the Assignee’s background/background to assignment or relevant transaction]. (C) The Assignor agrees to assign all such copyright and database rights and the Assignee agrees to accept the assignment in accordance with the terms of this Agreement. This Agreement provides: 1 Definitions and interpretation 1.1 In this Agreement: Affiliate • means any entity that directly or indirectly Controls, is controlled by or is under common Control with, another entity; Assigned Rights • means all Intellectual Property Rights in and relating to the Database, including all current, vested, contingent or future rights of copyright and all rights in the nature
PRECEDENTS
This Agreement is made on [insert date] Parties 1 [insert name] [of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Assignor); and 2 [insert name] [of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Assignee) (each of the Assignor and the Assignee being a party and together the Assignor and the Assignee are the parties). Background (A) The Assignor is the owner of the copyright and database rights in the Database. (B) The Assignee is [insert description of the Assignee’s background/background to assignment or relevant transaction]. (C) The Assignor agrees to assign all such copyright and database rights and the Assignee agrees to accept the assignment in accordance with the terms of this Agreement. The parties agree: 1 Definitions and interpretation 1.1 In this Agreement: Affiliate • means any entity that directly or indirectly Controls, is controlled by or is under common Control with, another entity; Assigned Rights • means all current, vested and contingent rights of copyright, being the exclusive right to do and authorise others to do any restricted acts under the Copyright,
GLOSSARY
This is an exclusive right which is granted to the maker of a database where there has been a substantial investment in obtaining, verifying or presenting the contents of the database.
GLOSSARY
A database is protected by database right if there has been a substantial investment in obtaining, verifying or presenting the contents of the database.
NEWS
IP analysis: In a case on whether aggregated search results on a website from third party databases (creating a ‘database of databases’) amounts to the unlawful extracting and re-utilisation of data from those third-party databases, the Court of Justice has concluded that there was an improper extraction and re-utilisation where it creates a risk that the maker would not be able to recover its investment through the normal operation of its database. Written by Phillip Johnson, professor of Commercial Law at Cardiff University and barrister at Packington Street Chambers.
PRACTICE NOTES
Database right is a property right, first introduced in the UK by the implementation of Directive 96/9/EC (EU Database Directive), in a database where there has been substantial investment in obtaining, verifying or presenting its contents. Examples of what constitutes a database include—a hard copy or electronic encyclopedia; collections of data on websites; the intranet; a spreadsheet that records a database and a pdf document of such a spreadsheet (see the Forensic Telecommunications Services Limited case); and a document management system. The EU Database Directive was implemented in the UK by the Copyright and Rights in Databases Regulations 1997 (CRD 1997 or Database Regulations 1997), SI 1997/3032. Database right is infringed by extraction or re-utilisation of all or a substantial part of the contents of the database without the consent of the owner of the right. Not all databases are protected by the database right. The only ones that are protected are those in which there has been substantial investment. Retained EU law (REUL) is a legal concept describing EU-derived rights and legislation preserved by UK law from IP completion
PRACTICE NOTES
The Copyright and Rights in Databases Regulations 1997 (CRD 1997), SI 1997/3032 implemented the EU Database Directive by introducing changes to UK copyright law as it applied to databases. CRD 1997 also brought in a unique or sui generis right—the database right. Unlike copyright, this applies regardless of whether the database is an intellectual creation as long as there has been sufficient ‘investment’. Copyright protection in a database and database right are independent rights. For further reading on copyright in databases and the database right, see Practice Note: Copyright in databases and database right. As EU-derived legislation, CRD 1997 continues to apply in the UK as assimilated law. Assimilated law is the name given to retained EU law (REUL) which remains in force after the end of 2023. The re-categorisation of REUL to assimilated law reflects a change in its status and treatment under UK law, in that it is to be interpreted according to ordinary domestic law and principles and is generally stripped of EU-derived interpretive effects (eg supremacy of EU law, directly effective
PRECEDENTS
This Agreement is made on [insert date] Parties 1 [insert name] [of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Assignor); and 2 [insert name] [of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Assignee), (each of the Assignor and the Assignee being a party and together the Assignor and the Assignee are the parties). BACKGROUND (A) [The Assignor is the owner of all Intellectual Property Rights in the Database. (B) The Assignor is the Controller of the Personal Data in the Database and Data Protection Documentation. (C) The Assignee is [insert description of the Assignee’s background/background to assignment or relevant transaction]. (D) The Assignor agrees to assign all Intellectual Property Rights, and transfer the Transferred Personal Data (as defined in this Agreement), to the Assignee. The Assignee agrees to accept the assignment and such transfers in accordance with the terms of this Agreement. (E) The transfer of the Transferred Personal Data (as defined in this Agreement) to the Assignee is undertaken in order to [explain
PRECEDENTS
This Agreement is made on [insert date] Parties 1 [insert name] [of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Assignor); and 2 [insert name] [of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Assignee), each of the Assignor and the Assignee being a party and together the Assignor and the Assignee are the parties. Background (A) The Assignor is the owner of the copyright and database rights in the Database. (B) The Assignee is [insert description of the Assignee’s background/background to assignment or relevant transaction]. (C) The Assignor agrees to assign all such copyright and database rights and to migrate the contents of the Database to the Assignee and the Assignee agrees to accept the assignment and assist and cooperate with such migration, in accordance with the terms of this Agreement. (D) The transfer of the Transferred Personal Data (as defined in this Agreement) to the Assignee is undertaken in order to [explain as precisely as possible the specific aims the parties
GLOSSARY
Databases, especially electronic databases, have become important tools that drive economic transactions in the information age. Databases can enjoy copyright protection and protection under the sui generis database right. A single database may benefit from both rights.