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ARTICLE · 14 NOVEMBER 2012

ECJ Confirms Extensive Protection Of Database Right Holder

Van Bael & Bellis
Van Bael & Bellis
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Van Bael & Bellis

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On 18 October 2012, the Court of Justice of the EU issued a preliminary ruling applying Directive 96/9/EC.

European UnionIntellectual Property
Van Bael Bellis
Van Bael Bellis
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On 18 October 2012, the Court of Justice of the EU (the "ECJ") issued a preliminary ruling applying Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases (the "Database Directive") in case C-173/11 Football Dataco v Sportradar (for the Advocate General's Opinion of 22 June 2012, see VBB on Belgian Business Law, Volume 2012, No. 6, p. 6, available at www.vbb.com).The preliminary question referred by the Court of Appeal of England and Wales, Civil Division, sought to learn whether the phrase "extraction and/or re-utilisation" as expressed in Article 7 of the Database Directive also covers online data transfer. In addition, the ECJ was requested to clarify where the infringement of extraction and/or re-utilisation is considered to take place. The latter question is particularly relevant to determine the competent court and applicable laws.

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