Database Protection—The European Way
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International Intellectual Property Law
ee--RRGG Electronic Resource Guide International Intellectual Property Law * Jonathan Franklin This page was last updated February 8, 2013. his electronic resource guide, often called the ERG, has been published online by the American Society of International Law (ASIL) since 1997. T Since then it has been systematically updated and continuously expanded. The chapter format of the ERG is designed to be used by students, teachers, practitioners and researchers as a self-guided tour of relevant, quality, up-to-date online resources covering important areas of international law. The ERG also serves as a ready-made teaching tool at graduate and undergraduate levels. The narrative format of the ERG is complemented and augmented by EISIL (Electronic Information System for International Law), a free online database that organizes and provides links to, and useful information on, web resources from the full spectrum of international law. EISIL's subject-organized format and expert-provided content also enhances its potential as teaching tool. 2 This page was last updated February 8, 2013. I. Introduction II. Overview III. Research Guides and Bibliographies a. International Intellectual Property Law b. International Patent Law i. Public Health and IP ii. Agriculture, Plant Varieties, and IP c. International Copyright Law i. Art, Cultural Property, and IP d. International Trademark Law e. Trade and IP f. Arbitration, Mediation, and IP g. Traditional Knowledge and IP h. Geographical Indications IV. General Search Strategies V. Primary Sources VI. Primary National Legislation and Decisions VII. Recommended Link sites VIII. Selected Non-Governmental Organizations IX. Electronic Current Awareness 3 This page was last updated February 8, 2013. -
The Expansion of Intellectual Property for the Protection of Databases Lionel M
Santa Clara Law Review Volume 38 | Number 1 Article 1 1-1-1997 Database Rights and Technical Data Rights: the Expansion of Intellectual Property for the Protection of Databases Lionel M. Lavenue Follow this and additional works at: http://digitalcommons.law.scu.edu/lawreview Part of the Law Commons Recommended Citation Lionel M. Lavenue, Database Rights and Technical Data Rights: the Expansion of Intellectual Property for the Protection of Databases, 38 Santa Clara L. Rev. 1 (1997). Available at: http://digitalcommons.law.scu.edu/lawreview/vol38/iss1/1 This Article is brought to you for free and open access by the Journals at Santa Clara Law Digital Commons. It has been accepted for inclusion in Santa Clara Law Review by an authorized administrator of Santa Clara Law Digital Commons. For more information, please contact [email protected]. ARTICLES DATABASE RIGHTS AND TECHNICAL DATA RIGHTS: THE EXPANSION OF INTELLECTUAL PROPERTY FOR THE PROTECTION OF DATABASES Lionel M. Lavenue* INTRODUCTION Databases represent the most valuable form of technical data.' Indeed, all businesses utilize some form of database, whether an inventory, price schedule, or customer list.' Da- tabases play a critical role in all facets of computer technol- ogy as every type of computer hardware utilizes computer software which, in turn, utilizes some form of database.' Da- Associate, Finnegan, Henderson, Farabow, Garrett, & Dunner, L.L.P., Washington, D.C.; Fulbright Scholar (1996-97), Max Planck Institute of Foreign and International Patent, Copyright, and Competition Law, Munich, Germany; Law Clerk (1994-96), Chief Judge Glenn L. Archer, Jr., United States Court of Appeals of the Federal Circuit; Law Clerk (1992-94), Judge Robert J. -
Read the Chapter
ICLG The International Comparative Legal Guide to: Corporate Recovery & Insolvency 2016 10th Edition A practical cross-border insight into corporate recovery and insolvency work Published by Global Legal Group, in association with CDR, with contributions from: Ali Budiardjo, Nugroho, Reksodiputro Lenz & Staehelin Bojović&Partners Macfarlanes LLP BonelliErede Nishimura & Asahi Bredin Prat Olswang LLP Brian Kahn Inc. Paul, Weiss, Rifkind, Wharton & Garrison LLP Campbells Pinheiro Neto Advogados Dhir & Dhir Associates Roschier, Attorneys Ltd. Ferraiuoli LLC Schindler Rechtsanwälte GmbH Gall Sedgwick Chudleigh Ltd. Gilbert + Tobin Slaughter and May Gorrissen Federspiel Soteris Flourentzos & Associates LLC GRATA Law Firm LLP Strelia Hengeler Mueller Partnerschaft Sullivan & Cromwell LLP von Rechtsanwälten mbB Thornton Grout Finnigan LLP INFRALEX Uría Menéndez Kim & Chang White & Case LLP Kubas Kos Gałkowski Yonev Valkov Nenov Kvale Advokatfirma DA The International Comparative Legal Guide to: Corporate Recovery & Insolvency 2016 General Chapters: 1 An Effective Insolvency Framework Within the EU? – Tom Vickers & Megan Sparber, Slaughter and May 1 2 Developments in Directors’ Duties under English Law – Alicia Videon & Louise Bell, Olswang LLP 4 3 Liability Management as a Restructuring Tool – Chris Beatty, Sullivan & Cromwell LLP 10 4 Fund Lenders: Potential New Challenges for the Next Wave of Loan Restructuring Transactions – Contributing Editor Jat Bains & Paul Keddie, Macfarlanes LLP 16 Tom Vickers, Partner, Slaughter and May Sales Director -
On the Treatment of the Sui Generis Database Rights in Version 3.0 of the Creative Commons Licenses
On the treatment of the sui generis database rights in Version 3.0 of the Creative Commons licenses. Background: Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases (the "Database Directive") created a new basis for the protection of databases ("sui generis database protection") not previously recognized under copyright law. The database directive has by now been implemented by the 25 member states of the EU (plus some of the countries such as Norway that are part of the European Economic Area - EEA). Outside of Europe there is no sui generis protection of Databases. In some countries (for example Germany) the database directive has been implemented as part of the national copyright act, while others (such as the Netherlands) have chosen to implement via a separate act (in this case the database act). The lawmakers of the European Union decided that in order to provide greater protection to collections of information they should have a unified legal protection for databases. To this end, they created a sui generis right called database right. The database right lasts for 15 years under this regime, but can be extended if the database is updated. Database rights prevent copying of substantial parts of a database (including frequent extraction of insubstantial parts). However unlike copyright the protection of the database right is not over the form of expression of information but of the information itself [source: en.wikipedia.org/wiki/Database_rights]. Prior to Version 3.0, some localized and translated versions of the Creative Commons licenses (Belgium, Netherlands, France and Germany) contained references to national legislation passed pursuant to the Database Directive, by defining a "work" to include databases protected by these laws. -
Winners List 2
M&A AWARDS 2012 Winners List Afghanistan China Rosenstock Legal Afghan M&A Law Firm of the Year PricewaterhouseCoopers Overall Financial Advisory Firm of the Year: China Albania DLA Piper Chinese Employment Law Firm of the Year E. I. HAJDINI Albanian Commercial Law Firm of the Year NYGT (Hong Kong) Limited Mid-Sized Asset Management Firm of the Year: China Argentina Rouse Chinese Intellectual Property Law Firm of Estudio Beccar Varela Argentinian M&A Law Firm of the Year the Year Salaberren & López Sansón Argentinian Cross Border Law Firm of the Year Brons & Salas Argentinian Corporate Tax Law Firm of the Year Colombia Barrios, Vélez, Gutiérrez Abogados IT Due Diligence Provider of the Year: Colombia Australia Clayton Utz Australian Full Service Law Firm of the Year Congo (Democratic Rep) Queensland Bar Chambers Australian Mining & Energy Barrister of the Year YAV & ASSOCIATES DRC M&A Law Firm of the Year Truman Hoyle Australian IT Due Diligence Law Firm of the Year Minter Ellison Overall Law Firm of the Year: Australia Costa Rica Corrs Chambers Westgarth Australian Corporate Tax Law Firm of the Year Quirós Abogados Central Law M&A Law Firm of the Year: Costa Rica Henry Davis York Australian Public M&A Law Firm of the Year Katherine Pavlidis Johnson, Mediator Australian Corporate Mediator of the Year Croatia Middletons Australian Vendor Due Diligence Law Firm Wolf Theiss Overall Law Firm of the Year: Croatia of the Year Piper Alderman Australian Legal Adviser of the year: Cyprus Beach Energy/Adelaide Energy InterQuality Cypriot Auditors of the Year Maddocks Australian Employment Law Firm of the Year Awford Legal Australian Aviation Law Firm of the Year Denmark Pacific Equity Partners Pty. -
Review of the EU Copyright Framework
Review of the EU copyright framework European Implementation Assessment Review of the EU copyright framework: The implementation, application and effects of the "InfoSoc" Directive (2001/29/EC) and of its related instruments European Implementation Assessment Study In October 2014, the Committee on Legal Affairs (JURI) requested from the European Parliament Research Service (EPRS) an Ex Post Impact Assessment on Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society (InfoSoc). This EPRS publication was originally commissioned in the context of JURI's own- initiative implementation report, which was adopted in Plenary in July 2015, Rapporteur Julia Reda MEP. However, it is also relevant to the work of JURI Committees' Working Group on Intellectual Property Rights and Copyright (CWG), chaired by Jean Marie Cavada MEP. Furthermore, this request was made in the wider context of the Commission's review of the EU legislative framework on copyright, and the ensuing legislative proposals, which have been a long time in the planning and which are now expected for the 4th quarter of 2015. The objective of these proposals is to modernise the EU copyright framework, and in particular the InfoSoc Directive, in light of the digital transformation. Accordingly, in response to the JURI request, the Ex-Post Impact Assessment Unit of the European Parliament Research Service decided to produce a "European Implementation Assessment on the review of the EU copyright framework". Implementation reports of EP committees are now routinely accompanied by European Implementation Assessments, drawn up by the Ex-Post Impact Assessment Unit of the Directorate for Impact Assessment and European Added Value, within the European Parliament's Directorate-General for Parliamentary Research Services. -
Text and Data Mining in EU Copyright Law
Department of Law Spring Term 2020 Master Programme in Intellectual Property Law Master’s Thesis 30 ECTS Text and Data Mining in EU Copyright Law Author: Gabriella Svensson Supervisor: Kacper Szkalej 1 Table of Contents INTRODUCTION ................................................................................................................................................ 3 Subject and Purpose ........................................................................................................................................ 3 Material and Method ...................................................................................................................................... 4 Delimitations .................................................................................................................................................. 5 Outline ............................................................................................................................................................ 5 1. A BRIEF INTRODUCTION TO TEXT AND DATA MINING ................................................................... 7 2. FUNDAMENTAL EU COPYRIGHT LAW .............................................................................................. 11 2.1 Protectable Subject Matter and Exclusive Rights .......................................................................... 11 2.2 The DSM Directive and TDM ....................................................................................................... 14 3. WHY AND HOW MIGHT -
Ecmi Report Q1 2021
An Acuris Company A unique look at UK ECM activity in the first quarter of 2021. April 2021 ECMi Report Q1 2021 perfectinfo.com Perfect Information ECMi Report Q1 2021 Introduction 2 Welcome to Perfect Information's ECM Insight (“ECMi”) market analysis report for Q1 2021. This report takes a unique look at UK ECM activity and examines the factors that have shaped market behaviour during the period. The information contained within is based solely on UK markets, providing a more in-depth examination than similar reviews focused on Pravin Patil Senior ECM Analyst EMEA. This analysis provides a general overview of market activity during the period before delving into some of the more interesting and noteworthy trends that have developed. In particular, this report looks at IPOs, secondary offerings, sector trends and carries out a thorough investigation of underwriting and banking fees. We have provided our own UK centric league tables for banks, legal advisers, financial advisers, reporting accountants and financial PR firms, as sorted by volume and value. perfectinfo.com Perfect Information ECMi Report Q1 2021 Contents 3 A unique look at UK ECM activity throughout the first quarter of 2021. Edited by Pravin Patil Senior ECM Analyst ECM Insight & Report Methodology 04 Overview 05 ECM Q1 2021 Highlights 06 Top 5 Deals 07 UK ECM Breakdown 08 UK ECM Overview 09 Top 5 IPOs & UK IPO Breakdown 10 Sector Analysis 11 Q1 2020 / Q1 2021 12 Q1 2020 / Q1 2021 AIM 13 Fees 14 Average Commission Breakdown 15 Average Commission 16 Fee Disclosure 17 League Tables 18 Criteria 26 Contacts 27 perfectinfo.com Perfect Information ECMi Report Q1 2021 ECM Insight Report Methodology 4 ECM Insight Report Methodology ECMi delivers fully verified ECM practice information to our This report sources its data from extracted and fully verified end users in minutes. -
A Proposal for the Protection of Digital Databases in Sri Lanka Submitted
A Proposal for the Protection of Digital Databases in Sri Lanka Submitted by Thusitha Bernad Abeysekara to the University of Exeter as a thesis for the degree of Doctor of Philosophy in Law in July 2013 This thesis is available for Library use on the understanding that it is copyright material and that no quotation from the thesis may be published without proper acknowledgement. I certify that all material in this thesis which is not my own work has been identified and that no material has previously been submitted and approved for the award of a degree by this or any other University. Signature: ………………………………………………………….. 1 ABSTRACT Economic development in Sri Lanka has relied heavily on foreign and domestic investment. Digital databases are a new and attractive area for this investment. This thesis argues that investment needs protection and this is crucial to attract future investment. The thesis therefore proposes a digital database protection mechanism with a view to attracting investment in digital databases to Sri Lanka. The research examines various existing protection measures whilst mainly focusing on the sui generis right protection which confirms the protection of qualitative and/or quantitative substantial investment in the obtaining, verification or presentation of the contents of digital databases. In digital databases, this process is carried out by computer programs which establish meaningful and useful data patterns through their data mining process, and subsequently use those patterns in Knowledge Discovery within database processes. Those processes enhance the value and/or usefulness of the data/information. Computer programs need to be protected, as this thesis proposes, by virtue of patent protection because the process carried out by computer programs is that of a technical process - an area for which patents are particularly suitable for the purpose of protecting. -
RIGHTS in DATA HANDBOOK Protecting and Exploiting IP in Data and Databases Internationally RIGHTS in DATA HANDBOOK
January 2013 RIGHTS IN DATA HANDBOOK Protecting and exploiting IP in data and databases internationally RIGHTS IN DATA HANDBOOK January 2013 Edition EDITORS INTRODUCTION The value of data and databases to business is undeniable and continues to increase. As a result the laws which enable data to be protected and exploited are crucial to many industries, from horseracing to !nancial services. Nonetheless, while much has been written about the neighbouring area of data privacy/data protection, the issue of IP rights in data and databases has John Wilks, Editor traditionally received almost no attention. This guide sets out an overview of the Partner IP and related rights affecting data and databases in 12 key global jurisdictions. T +44 (0)20 7796 6288 How this Handbook Works M +44 (0)7796 15 8896 [email protected] This handbook provides a high-level summary, with links to relevant sources, of the different types of protection which are available for data and databases in 12 key global jurisdictions. For each jurisdiction we consider three categories of database which may bene!t from protection: original databases, databases in which investment has been made, and con!dential databases. As database law is only part-harmonised in the EU we have, in addition to a section on the EU, separate sections on six representative EU jurisdictions Alec Christie, Co-Editor (France, Germany, Italy, The Netherlands, Spain and the UK). To assist you to Partner navigate our European content and avoid repetition, there are cross-references T +61 2 9286 8237 between the EU section and the national sections. -
Autumn 2017 Budget: Period Drama Or Zombie Apocalypse?, Practical Law UK Articles
Autumn 2017 Budget: period drama or zombie apocalypse?, Practical Law UK Articles... Autumn 2017 Budget: period drama or zombie apocalypse? by Practical Law Tax Articles | Published on 24-Nov-2017 | UK, United Kingdom Leading tax experts gave us their views on the Autumn 2017 Budget. (Free access.) We asked leading tax practitioners for their views on the Autumn 2017 Budget. An overview of their comments is set out below; click on a name to read the comment in full. For the main measures of interest to businesses, see Legal update, Autumn 2017 Budget: key business tax announcements. For coverage of the implications of the Autumn 2017 Budget for a range of practice areas and sectors, see Practical Law, Autumn 2017 Budget. Setting the scene Despite an almost effervescent political delivery by "Spreadsheet Phil" (complete with comedic props from his co-star diva, Mrs May), the Autumn 2017 Budget was, barring one or two eye-raising exceptions, not edge of the seat viewing. Simon Skinner, Travers Smith LLP "was left with an impression of lots of words but not that much substance". Geraint Jones, Berg Kaprow Lewis LLP described it as "a rather timid affair" As ever, context is all. This was a minority government on the eve of the biggest destabilising global political event in recent history. And an opposition party biting at its heels with unanticipated vigour. Further, despite Fiscal Phil's audition for the lead role in a comedy caper, the figures belong in a disaster movie. There is surely only so much film star glamour to be mustered whilst uttering the words "[a]nd regrettably our productivity performance continues to disappoint". -
Intellectual Property Right Assignments Q&A: US
Intellectual property right assignments Q&A: US, Practical Law Country Q&A w-026-1550 Intellectual property right assignments Q&A: US by Michael S. Palmisciano, Christopher T. McWhinney and Kimberly B. Herman, Sullivan & Worcester LLP Country Q&A | Law stated as at 31-May-2020 | United States This Q&A provides country-specific commentary on the following standard documents: Assignment of intellectual property rights: Cross-border. Assignment of trade marks: Cross-border. Assignment of copyright: Cross-border. Assignment of patents: Cross-border. Assignment of industrial designs: Cross-border. Waiver of moral rights: Cross-border. Letter confirming assignment of intellectual property rights: Cross-border. and forms part of Cross-border Intellectual property. Key aspects of intellectual property right assignments Definition of IP rights Assigning the benefit of licences to use IP rights Assigning future intellectual property rights Implied covenants Right to sue for past infringement Right of priority Tax considerations Power of Attorney Assistance with future proceedings Perfecting the assignment Liability Guarantor Formalities for assignment Compliance with local law and practice © 2020 Thomson Reuters. All rights reserved. 1 Intellectual property right assignments Q&A: US, Practical Law Country Q&A w-026-1550 Brexit Registration and recordal aspects of intellectual property right assignments Registrable intellectual property rights Assignment recordal / registration Warranties and indemnities in intellectual property right assignments