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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
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- European Union, United Kingdom
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- 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
General counsel update: 28 February 2012
- Herbert Smith Freehills LLP
- -
- European Union, Hong Kong, Spain, United Kingdom
- -
- February 28 2012
This is the twenty-eighth in our series of General Counsel Updates which aim to summarise major developments in key areas
IP snapshot
- CMS Cameron McKenna
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- European Union, United Kingdom
- -
- December 23 2011
Advocate General Bot has issued his opinion regarding the scope of protection conferred by copyright on computer programs in Case C-40610 SAS Institute Inc v World Programming Ltd, a referral from the High Court
Copyright
- CMS Cameron McKenna
- -
- Czech Republic, European Union, United Kingdom
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- January 24 2011
Following a reference from the Czech Regional Court, the ECJ has ruled that a graphic user interface (GUI) cannot be protected by copyright as a computer program under Directive 91250EEC
Rambus: an overview of the issues in the case and future lessons for SSOs when designing IPR products
- White & Case LLP
- -
- European Union, USA
- -
- June 10 2010
The Rambus case is one of the first times that the Commission has dealt with Standard-Setting Organisations (SSOs) under Article 102 TFEU
Enlarged Board of Appeal: the EPO's case law on computer-implemented inventions is consistent
- Jones Day
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- European Union
- -
- May 24 2010
On May 12, 2010, the Enlarged Board of Appeal ("EBA") handed down an Opinion on the patentability of computer-implemented inventions following a referral by the President of the European Patent Office
European Commission accepts commitments offered by Rambus
- Bird & Bird
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- European Union
- -
- January 29 2010
On 9 December 2009, the European Commission announced that it had adopted a decision making legally binding the commitments offered by Rambus, to address the Commission's Article 102 TFEU case
Database rights: a case of Bulgarian extraction
- Shepherd & Wedderburn LLP
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- Bulgaria, European Union
- -
- April 30 2009
Legal issues around employees taking information from former employers to set up rival businesses have been a perennial issue for the courts
Meaning of “extraction” in the Database Directive
- Norton Rose LLP
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- European Union
- -
- April 16 2009
Databases are afforded legal protection under the Database Directive (969EU
Software patents in Europe the next instalment
- Bird & Bird
- -
- European Union, United Kingdom
- -
- April 2 2009
The law concerning patents for software-related inventions in Europe has followed a tortuous development with divergent approaches being adopted both in the European Patent Office ("EPO") and in national patent offices and courts
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