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The protection of modern databases under the sui generis database right

The protection of modern databases under the sui generis database right

Our digital economy has become more and more data driven. Databases today are increasingly generated and verified with the means of machines, sensors and other new technologies, for example Artificial Intelligence or the Internet of Things (“IoT”). In order to secure the competitiveness of digital sectors and markets there are legislative initiatives on a European level to guarantee the free-flow of data, such as the Data Act Proposal of the European Commission of 23 February 2022. This is a difficult task because of the existing legal framework in relation to the protection of certain types of data contained in databases, specifically under the so-called “sui generis right” of the maker of the database.

human rights is ip rights

Did you know that IP rights are recognized as human rights?

Article 27.2 of the Universal Declaration of Human Rights states the following: “Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.”

The protection of intellectual property is essential to furthering innovation on a global scale. Without protection of ideas, inventions, products and services (and the ability to enforce those rights), individuals as well as businesses would most likely focus less on research and development.

at a glance: on the edge of ip

“At a glance” Reflecting 2021 and 2022

The stage and characters in the world of IP continue to evolve and staying ahead of the curve is critical for IP professionals towards providing informed advice to clients or corporate departments on best next steps in IP protection, enforcement and monetization. GEVERS has designed the “…on the edge of IP” newsletter to assist you with ‘edgy’ subject matters IP in the EU. Let’s take a look at our ‘building block’ articles from the past 12 months!

metaverse domains

Metaverse Domains: Both a virtue and a vice for trademarks owners

You must have been living on Mars lately to not know that the metaverse is the next best thing. One can give several definitions to the metaverse, but – simply put – it is a network of interconnected 3D virtual spaces in which users can interact with each other via avatars. The fun thing about such a metaverse world, is that people can experience things which cannot be experienced, our which are at least more difficult to experience, in the real world. Via the metaverse you can for example walk across the Great Wall of China with one simple click of your mouse while doing the same thing in real life will cost more effort and money.

Artificial intelligence (AI): The qualification of AI creations as “works” under EU copyright law

The authorship of AI creations has already been the subject of much debate and some interesting articles have been published about this topic. However, the first condition about the qualification of an AI creation has been underexposed so far; can AI creations qualify as a “work” to start with? And, can AI creations even be protected under EU copyright?

Cannabis – avoiding confusion with other cannabis trademarks: introduction on likelihood of confusion

The road to a registered trademark does not stop there. After the examination, your EU or Benelux trademark will be published for opposition purposes before being registered – that is, if no one successfully opposed your application for example on the basis of earlier rights. In this article, we take a look at this step in the life of a trademark application with specific reference to cannabis trademarks and goods.

Artificial Intelligence & Liability – Whodunit?

Artificial Intelligence (“AI”) is commonly associated with progress, growth and technological improvements. It has the potential of transforming businesses, but what if something goes wrong? Who will be liable if anything goes wrong with an AI system? Should the AI system itself be made liable for its output? Or should we look at the producer of the system, or even the user?
In this article we will touch upon (i) the current AI liability framework in the EU, (ii) the new proposal for an EU regulation on AI, and (iii) the importance of agreements.