Skip Navigation


Journal of Intellectual Property Law & Practice Advance Access originally published online on May 11, 2006
Journal of Intellectual Property Law & Practice 2006 1(7):467-480; doi:10.1093/jiplp/jpl059
This Article
Right arrow Full Text
Right arrow Full Text (PDF)
Right arrow All Versions of this Article:
1/7/467    most recent
jpl059v1
Right arrow Alert me when this article is cited
Right arrow Alert me if a correction is posted
Services
Right arrow Email this article to a friend
Right arrow Similar articles in this journal
Right arrow Alert me to new issues of the journal
Right arrow Add to My Personal Archive
Right arrow Download to citation manager
Right arrowRequest Permissions
Google Scholar
Right arrow Articles by Jenkins, J.
Right arrow Search for Related Content
Social Bookmarking
Add to CiteULike   Add to Connotea   Add to Del.icio.us  
What's this?

© The Author (2006). Published by Oxford University Press. All rights reserved

Database rights' subsistence: under starter's orders

Juliet Jenkins*
* University of Leeds. The author is grateful for the very helpful comments on an earlier draft received from Michael Cardwell and Hamish Porter (Partner, Addleshaw Goddard, who acted for BHB).

Legal context. The criteria for database rights' subsistence set out in the Directive on the Legal Protection of Databases are largely undefined. Guidance on their interpretation has been provided by the ECJ and its guidance on qualifying investment activities was applied by the Court of Appeal in the BHB case.

Key points. The article comments upon the guidance on the subsistence criteria for database rights provided by the Advocate General and the ECJ in the BHB and Fixtures Marketing cases and analyses the Court of Appeal's application of the production-processing dichotomy in the BHB case. It offers thoughts on thorny issues such as the avoidance of a double benefit for database developers in copyright and database right, the role of investments in technology, and the effect of the production-processing dichotomy on the risk of monopolies over facts.

Practical significance. Database developers seeking database rights' protection should keep the subsistence criteria in mind when devising their processing arrangements, designing their databases, and recording their investment activities associated with database development.


Add to CiteULike CiteULike   Add to Connotea Connotea   Add to Del.icio.us Del.icio.us    What's this?




Disclaimer: Please note that abstracts for content published before 1996 were created through digital scanning and may therefore not exactly replicate the text of the original print issues. All efforts have been made to ensure accuracy, but the Publisher will not be held responsible for any remaining inaccuracies. If you require any further clarification, please contact our Customer Services Department.