IP Part 2

📂 European Database Directive

database = collection of independent works, data or other materials arranged in a systematic or methodical way and individually accessible by electronic or other means

database protection = the way the database has been arranged (structure, because this is the intellectuel creation) is protected, the contents of the database is not protected, some of the content in the database might be protected by copyright

• there must have been a substantial investment in preventing extraction of the database

if you create a database that meets the definition of a database and a substantial investment has been made, this would be your rights:

• prevent extraction and/or re-utilization of the whole or of a substantial part
• prevent repeated and systematic extraction and/or re-utilization of insubstantial parts
• term of protection: 15-16 years after completion
• spin-off theory: databases created as a by product of the maker's main activity are excluded from database protection, when you invest in it, it will
• regular copyright:
  • transfer and license regime
  • first sale doctrine
  • no registration required for database protection

🌐 Domain Names

registration: private regulations, that means that there is no legislation from the law

• first come, first serve principle

Disputes

• no specific 'domain name law'
• disputes based on other IP rights:
  • trade marks (specific product with brand name) offer stronger rights than trade names (name of company)
  • first come, first serve. The party that registers a domain name first will win the battle if the rights are equal
  • tort law = infringing on a right someone else has (judges will decide)
• If you have a infringment on a domain name, a court can be really expensive. Especially when the case is across the globe. -> WIPO (Domain Name Dispute Resolution) will do the decision online.