In the appeal of a case concerning allegations of infringement of IP rights in live football statistics sites, the Court of Appeal rejected the claimant’s copyright claim, affirming the high standard of subsistence in a database under Article 3(1) which must go beyond ‘mere data’ to involve some ‘creative skill’. Concerning the sui generis right, the Court of Appeal referred the question of where the making available of a database protected by a sui generis right under the Database Directive takes place to the CJEU, asking where the infringing acts of ‘extraction’ and ‘re-utilisation’ take place.
The full summary of this case has been posted on Kluwer IP Law.
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