The EU Database Directive: Taking Stock
New Directions In Copyright Law, Volume 2, 2006
39 Pages Posted: 16 May 2014
Date Written: 2006
Much has been written about the EU Database Directive since it was first proposed in 1992, however, some eight years after its adoption on 11 March 1996 and six years after its deadline for implementation, few, if any, of the issues concerning the sui generis database right that it established have been resolved. There is hope on the horizon in that, in four cases, preliminary rulings have been sought from the European Court of Justice (ECJ) on several issues concerning the sui generis right. On 8 June 2004 Advocate General Stix-Hackl delivered her opinion in each of these references. This paper examines the Advocate General’s opinions and considers whether or not they should be followed by the ECJ.
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