The EU Database Right: Recent Developments
Intellectual Property Quarterly, 2005
27 Pages Posted: 16 May 2014
Date Written: 2005
The sui generis database right created by the EU Database Directive has been the subject of considerable uncertainty and debate. Preliminary rulings have been sought from the European Court of Justice (ECJ) in four separate cases and on 8 June 2004 Advocate General Stix-Hackl delivered her opinion in each of these references. From the point of view of UK law, her opinion in British Horseracing Board v William Hill (‘British Horseracing’) is of particular relevance. This comment thus analyses the Advocate General’s opinion in British Horseracing and considers whether or not it should be followed by the ECJ.
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