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AG's Sportradar opinion: database right infringement takes place both in state of server storage and the state where customers received the data

  • Herbert Smith Freehills LLP
  • -
  • European Union, United Kingdom
  • -
  • July 4 2012

In a reference by the Court of Appeal in a case involving allegations of infringement of UK sui generis database right by services provided from servers outside the jurisdiction (Football Dataco & Ors v Sportradar GmbH & Sportradar, C-17311) the Advocate General (AG) has opined:Where a party uploads data from a database protected by the sui generis right onto that party’s web server located in Member State A and, in response to requests from a user in another Member State B, the web server sends such data to the user’s computer so that the data is stored in the memory of that computer and displayed on its screen, the act of sending the information constitutes an act of ‘re-utilisation’ (and hence infringement) by that party and the act of re-utilisation performed by that party takes place both in Member State A and in Member State B

ECJ provides further guidance on infringement of the database right

  • Herbert Smith Freehills LLP
  • -
  • Bulgaria, European Union
  • -
  • March 16 2009

The Court of Justice of the European Communities has delivered its judgment in Case C-54507, Apis-Hristovich EOOD v Lakorda AD, following a reference from the Sofia City Court in Bulgaria