Technomed v. Bluecrest: UK High Court indicates broad scope of the database right

Written on 28 November 2017

The following article appeared in Leading Internet Case Law, and was written by Abby Minns, Osborne Clarke.

This case saw the UK High Court indicate a broad scope for the sui generis database right (the ‘Database Right’) found within the EU Database Directive 96/9/EC, which rightsholders have found difficult to assert against a third party in light of numerous Court of Justice of the European Union (‘CJEU’) decisions in this area. The High Court found that a PDF of a document can be considered a database and thus the information contained can be protected by the Database Right, in a decision that may lead to more rightsholders utilising the Database Right against third parties who make unauthorised use of their databases.

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*This article is current as of the date of its publication and does not necessarily reflect the present state of the law or relevant regulation.

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