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Sui Generis database protection 2.0: judicial and legislative reforms

Derclaye, Estelle and Husovec, Martin ORCID: 0000-0003-1437-0347 (2021) Sui Generis database protection 2.0: judicial and legislative reforms. European Intellectual Property Review. ISSN 0142-0461 (In Press)

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Abstract

The Database Directive’s sui generis database protection is a unique policy experiment by the EU legislature carried out in nineties to incentivize investment in the making and improvement of databases in order to develop an EU information market. 1 Since the two decades of its operation on the ground do not offer the most encouraging results, the European Commission is keen on reforming the tool in the context of its Data Act. 2 Coincidentally, the Court of Justice of the European Union at the same time issued a seminal judgment, CV Online Latvia v Melons3 , that too alters the trajectory of the protection. This article looks at the criticism of the protection, how it is addressed by the Court of Justice of the European Union (CJEU), and what can be done by the European Commission in its upcoming reform. It, therefore, offers a glimpse into sui generis database protection of the second generation.

Item Type: Article
Official URL: https://uk.westlaw.com/WestlawUk/Journals/Publicat...
Additional Information: © 2022 Thomson Reuters
Divisions: Law
Subjects: K Law > K Law (General)
Date Deposited: 02 Mar 2022 16:24
Last Modified: 31 May 2022 15:15
URI: http://eprints.lse.ac.uk/id/eprint/113896

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