Ruling flags risk facing data licensees –

Posted November 22nd, 2019 in database right, licensing, news by tracey

‘A recent ruling highlights the need for businesses accessing data from third parties to make sure that their intended use of that data is covered by the licensing terms on which the data is being made available, an expert in intellectual property law has said.’

Full Story, 21st November 2019


Fraud case shows importance of internal investigations –

Posted January 15th, 2019 in confidentiality, contracts, database right, employment, fraud, news, privilege by tracey

‘A recent High Court case demonstrates that companies will usually need to carry out their own internal investigations before being able to successfully obtain certain court orders in cases of suspected employee fraud, an expert has said.’

Full Story, 14th January 2019


Help! Somebody has stolen my client list – Henderson Chambers

Posted August 9th, 2018 in confidentiality, copyright, database right, fiduciary duty, news, pleadings by sally

‘Companies can invest significant sums in the creation and maintenance of their client lists. Unsurprising, their client lists are often closely guarded. But what if protections fail? Under the Copyright and Rights in Databases Regulations 1997, firms can bring actions against those that access and download their client list (for instance, a former employee). The wronged party can demand the return or destruction of the confidential information, an injunction to prevent its use and damages for any losses.’

Full Story

Henderson Chambers, July 2018


EU: Brexit ‘no deal’ will hit copyright and database owners –

Posted April 4th, 2018 in brexit, copyright, database right, domicile, EC law, news by sally

‘UK businesses will lose any database rights they enjoy across the EU at the point of Brexit as it stands, the European Commission has said.’

Full Story

OUT-LAW, 3rd April 2018


Screening for protection in healthtech services – Technomed v Bluecrest – Technology Law Update

Posted October 12th, 2017 in copyright, database right, health, intellectual property, news by sally

‘A recent court decision on infringement of IP in an ECG screening service shows how components of the service qualify for different forms of protection. Reliance on less obvious IP rights can offer valuable cover for a business’s assets even in the absence of patent protection.’

Full Story

Technology Law Update, 11th September 2017


Database rights can subsist in PDFs, rules High Court –

‘A PDF version of a document can constitute a database and information contained in it can be protected by database rights, the High Court in London has ruled.’

Full Story, 8th September 2017


Database Rights and Copyright: Technomed v Bluecrest Health Screening – NIPC Law

‘This was an action for infringement of database right and copyright in an electrocardiogram (“ECG”) analysis and reporting system known as ECG Cloud.’

Full Story

NIPC Law, 2nd September 2017


Daniel Tatton-Brown QC on Misuse of Confidential Information and Interim Remedies -Littleton Chambers

‘A rogue employee leaving their employer and taking with him confidential information such as a customer or pricing list can potentially cause significant damage to the ex-employer’s business.’

Full story

Littleton Chambers, 12th July 2016


Website operators can prohibit ‘screen scraping’ of unprotected data via terms and conditions, says EU court in Ryanair case –

Posted January 16th, 2015 in airlines, database right, EC law, electronic commerce, internet, news by sally

‘Online aggregators that engage in ‘screen scraping’ face a threat to their business models following a ruling by the EU’s highest court, an expert has said.’

Full story, 15th January 2015


You can’t treat a database like a car in the garage – Your Response v Datateam – Technology Law Update

Posted March 21st, 2014 in contracts, conversion, database right, news by sally

‘A publisher engaged a database manager to maintain a database of subscribers. There was no a formal contract and no provisions for termination were agreed. The relationship ended badly and the publisher gave a month’s notice. The database manager refused to release the database until outstanding fees and damages were paid – raising an old-style legal concept that was useful in the days before modern contracts.’

Full story

Technology Law Update, 20th March 2014


Gas company vicariously liable for database rights infringement by staff –

Posted October 21st, 2013 in copyright, damages, database right, energy, news, privacy, vicarious liability by sally

“The market leader in the sale of liquid propane gas (LPG) in the UK has been found vicariously liable for the infringement of database rights belonging to a rival.”

Full story, 18th October 2013


Police face legal challenge over secret files on protesters – The Guardian

Posted October 21st, 2013 in criminal records, database right, demonstrations, human rights, news, police, privacy by sally

“Police chiefs face a legal challenge over their policy of keeping secret files on thousands of political activists.”

Full story

The Guardian, 18th October 2013


Privacy actions up 22% as public fights storage of personal information on ‘big brother’ databases – The Independent

“A sharp rise in the number of privacy hearings in British courts has been fuelled by requests for ‘irrelevant’ personal information to be removed from police and other state databases, figures show.”

Full story

The Independent, 22nd July 2013


Football Dataco Ltd and others v Sportradar GmbH and others; Same v Stan James plc and others – WLR Daily

Posted February 11th, 2013 in appeals, copyright, data protection, database right, EC law, law reports, sport by sally

Football Dataco Ltd and others v Sportradar GmbH and others; Same v Stan James plc and others [2013] EWCA Civ 27; [2013] WLR (D) 48

“Pursuant to article 7 of Parliament and Council Directive 96/9/EC on the legal protection of databases, a sui generis database right subsisted in a database consisting of information gathered live at football matches as those matches proceeded. It was not the case that there could be no article 7 right unless there was investment in collecting together materials which had already been recorded.”

WLR Daily, 6th February 2013


Web publishers responsible for ‘inevitable’ database rights infringement of users, says Court of Appeal –

Posted February 7th, 2013 in appeals, database right, internet, news by sally

“Website operators can be held responsible for database rights infringement by their users if that infringement was ‘inevitable’ as a result of actions of the site operators, the Court of Appeal has said.”

Full story, 7th February 2013


Database supported by UK servers means High Court can rule over alleged claims of infringement, says judge –

Posted November 13th, 2012 in copyright, database right, EC law, jurisdiction, news by sally

“The High Court will determine whether a Dutch company, its managing director and two employees are liable for infringements of database rights and copyright as well as a breach of confidence after rejecting claims that the case should be heard in the Dutch courts.”

Full story, 12th November 2012


High Court breaks down application of database rights for ‘factual data’ recorded from football games –

Posted May 11th, 2012 in copyright, database right, EC law, intellectual property, news, sport by tracey

“Individuals who access information about football goals that is stored in a database do not infringe on the database rights of football authorities, the High Court has ruled.”

Full story, 11th May 2012


Football Dataco Ltd and Others v Yahoo! UK Ltd and Others – WLR Daily

Posted March 6th, 2012 in copyright, database right, EC law, law reports by sally

Football Dataco Ltd and Others v Yahoo! UK Ltd and Others (Case C-604/10); [2012] WLR (D) 57

“A ‘database’ within the meaning of article 1(2) of Directive 96/9/EC was protected by the copyright laid down by article 3(1) of the Directive provided that the selection or arrangement of the data which it contained amounted to an original expression of the creative freedom of its author, which was a matter for the national court to determine.”

WLR Daily, 1st March 2012


Football fixtures not protected by database copyright, says ECJ advisor –

Posted December 19th, 2011 in database right, news, sport by tracey

“Databases of football fixture lists are not protected by EU database copyright laws because the creation of the fixtures themselves is not part of what the EU law protects, an advisor to the European Court of Justice (ECJ) has said.”

Full story, 16th December 2011


Police infringed database rights of forensics firm in misusing confidential information, High Court rules –

Posted November 15th, 2011 in database right, news, police by sally

“A UK police force breached database rights and misused confidential information stored on a company’s database when it shared the data on an online law enforcement forum, the High Court has ruled.”

Full story, 14th November 2011