CJEU ruling: dedicated meta-search engine infringes database right

The Court of Justice of the European Union (CJEU) released an important decision concerning the sui generis right under Article 7 of the Directive 96/9 on the legal protection of databases. The court held that an internet operator that provides a dedicated meta-search engine (which in turn uses search engines provided by other websites to retrieve results) re-uses the whole or a substantial part of the contents of a database and therefore commits infringement, if such engine: (i) provides the end user with a search form which substantially has the same functionality as the search form on the target website, (ii) enables a search of the whole database in the target website and, (iii) presents the elaborated results in a way which is comparable to that of the target website.

Read Dr Enrico Bonadio (City University London) and Dr Angelo Maria Rovati’s (University of Pavia) case note on the judgement in the Journal of Intellectual Property Law & Practice, April (2014).

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2429930

 

 

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