Database right meaning

Consider the nature of the IP right From a lender’s standpoint, use this checklist to pinpoint key points when taking IP as security and the steps to implement it... Identify the IP right and applicable law; patents, trade marks, registered designs and copyright can be mortgaged or charged... Select security: a legal mortgage (assignment plus redemption and exclusive licence‑back) offers stronger control than a fixed charge; for charges, restrict disposals and hold an executed undated assignment in escrow (verify foreign recognition)... Confirm ownership, term, existing security, licences and third‑party interests; demand warranties and title evidence, especially for unregistered rights... Assess validity and maintenance: search prior rights, check renewals and genuine use, monitor infringement, review litigation; obtain professional opinions where needed... Value the right and routes on default (licensing or sale); add complementary assets if required... Cover associated rights and materials: unregistered marks/goodwill (only with the business), unregistered designs, database right, know‑how/confidential information, domain names, and software/source code with escrow... Register...

In this issue: Media Internet Databases Data protection Advertising, marketing and sponsorship Telecommunications LexTalk®TMT: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Media Getty gets pyrrhic victory in UK stability AI case Law360, London: On 4 November 2025, Getty Images persuaded a London court that artificial intelligence (AI) developer Stability AI had produced a small number of images infringing the stock image company’s trade marks. However, the court was not convinced that the model itself breached the photo giant’s intellectual property in this landmark dispute. See: Getty gets pyrrhic victory in UK stability AI case. Internet Ofcom launches call for evidence on age assurance effectiveness and app store safety under OSA 2023 Ofcom has opened a call for evidence to inform two statutory reports required by the Online Safety Act 2023 (OSA 2023). The reports will review...

In this issue: Arbitration in England & Wales International arbitration Institutional and ad hoc arbitration Sector- and industry-specific arbitration Other arbitration and ADR-related news and developments Daily and weekly news alerts New and updated content Useful information Arbitration in England & Wales English court adopts a strict approach to challenges to arbitration awards under section 72 of the AA 1996 A&N Seaways and Projects v Allianz Bulk Carriers [2025] EWHC 2126 (Comm) concerns a ruling stemming from two applications linked to A&N Seaways and Projects PVT Limited’s (the ‘Claimant’ or ‘Charterer’) claim form against Allianz Bulk Carriers DMCC (the ‘Respondent’ or ‘Owners’), aiming to contest an award pursuant to section 72(2)(a) of the English Arbitration Act 1996 (AA 1996) (the ‘Section 72 Challenge’). The applications comprised: (a) the Claimant’s bid for permission to amend its claim form to plead fresh particulars of fraud (the ‘Amendment Application’); and (b) the Respondent’s attempt to strike out the...

In this issue: Beyond Brexit UK, EU and international regulators and bodies Authorisation, approval and supervision Prudential requirements Operational resilience Complaints, compensation and claims management Financial crime and sanctions Consumer credit, mortgage and home finance Conduct requirements Investigations, enforcement and discipline Regulation of capital markets Regulation of derivatives Sustainable finance and ESG Banks and mutuals Investment funds and asset management UK MiFID II EU MiFID II Regulation of insurance Payment services and systems Fintech and cryptoassets LexTalk®Financial Services: a Lexis®Nexis community Dates for your diary Financial Services Enforcement Database Daily and weekly news alerts Intraday news alerts Beyond Brexit FCA updates guidance on the financial services contracts regime, temporary permissions regime and leaving SRO or CRO The Financial Conduct Authority (FCA) has refreshed its guidance covering the temporary permissions regime, the financial services contracts regime, and how firms...

For many companies, intellectual property rights (IPRs) constitute an increasingly important and significant asset class. Although contemporary technology firms, pharmaceutical businesses and industrial players are most closely and very commonly linked with holding portfolios rich in IPRs, even the least likely organisations may own rights that are fundamental to them and, without which, they simply could not operate (or do so as effectively or profitably) or would suffer significant loss of value. As a broad category, IPRs are wide-ranging and inherently diverse indeed. According to context, there are, in particular, rights beyond the best known (patents, trade marks and copyright) that may—or may not—be generally regarded strictly as IPRs, such as database rights, websites with their associated domain names, goodwill and contractual rights allied to IPRs. For further detail on the principal types of intellectual property rights an insolvency practitioner as office holder may encounter, see Practice Note: IP right comparison table. Patents, design rights and trade marks depend for their existence and protection on registration (at the...

This Practice Note explores whether music compilations can attract copyright as databases. At its core, the enquiry is whether the compilation’s contents reflect the author’s own intellectual creation (explained in more detail below). Copyright subsistence in a database (often termed database copyright) is separate from the sui generis database right, which is also addressed in this Practice Note. The sui generis database right concerns legal protection for databases of any kind and stems from the Copyright and Rights in Databases Regulations 1997 (CRD 1997), SI 1997/3032. Whether a sui generis database right exists does not settle if copyright also subsists in the same database, and vice versa. A database may benefit from one, both, or neither right. Court of Justice judgments This Practice Note cites rulings of the Court of Justice. For guidance on whether decisions of the Court of Justice bind UK courts, see Practice Note: Assimilated law—Assimilated case law. Categorisation of copyright works Copyright is the exclusive right to do, and to authorise others...

The Financial Services Enforcement Database The Financial Services Enforcement Database brings together comprehensive details on substantive Financial Conduct Authority (FCA) and Prudential Regulation Authority (PRA) Final Notices and, where obtainable, Decision Notices, covering 2014 onwards. The Database can be searched and refined by fields including rule/legislation breach, keyword, sector, date, financial penalty, facets of financial penalty analysis, outcomes such as redress and prohibition orders, and further actions like referrals to the Upper Tribunal. This Practice Note sets out the law and process for making a reference to the Upper Tribunal (Tax and Chancery Chamber) following a disciplinary or non-disciplinary decision of the FCA or the PRA; including decisions on restrictions, financial penalties and prohibition orders under the Financial Services and Markets Act 2000 (FSMA 2000), and the FCA’s registration of cryptoasset firms under the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017, SI 2017/692 (MLRs). It addresses the Upper Tribunal’s role and scope of its powers when determining references in financial services matters....

Case No. [ insert claim number ] IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS OF ENGLAND & WALES INTELLECTUAL PROPERTY LIST (ChD) [ INTELLECTUAL PROPERTY ENTERPRISE COURT ] BETWEEN: [ insert full name of claimant ] Claimant and [ insert full name of defendant ] Defendant REPLY 1 Save where stated otherwise, paragraph number references in this Reply refer solely to those within the Defence...

The purpose of the claim form A claim form is a species of statement of case, and it is the document used to start proceedings. It sets out information relevant to the proceedings, including the following details to guide the court and parties: the court reference number to be used on all subsequent court documents; the parties to the proceedings, identifying claimant and defendant; what is being claimed, that is, the relief sought; particulars of the claim (including any claim for interest); and contact details for the claimant, generally the claimant’s solicitor. The procedural rules on how and where to begin proceedings are contained in CPR Part 7. Broader guidance on the contents of a claim form is available in the Practice Note: Claim form—the contents. This Precedent provides a downloadable Word document containing suggested text for use in relation to a database right infringement claim. Please left‑click the link to start the download, as opening it in...

Case No. [ insert claim number ] IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS OF ENGLAND & WALES INTELLECTUAL PROPERTY LIST (ChD) [ INTELLECTUAL PROPERTY ENTERPRISE COURT ] Before: Date: BETWEEN: [ insert full name of claimant ] Claimant and [ insert full name of defendant ] Defendant ORDER UPON the hearing of Claim [ insert claim number ], tried before [ Mr OR Mrs OR Miss OR [ insert other ] ] Justice [ insert name ] on [ insert trial date ]; AND UPON the Court having heard [ insert name ], Counsel for the Claimant(s), and [ insert name ], Counsel for the Defendant(s); AND UPON the Court handing down judgment on [ insert date ]; AND UPON the Court determining the Claimant’s claims for infringement of database right in the Claimant’s favour; [ AND UPON the Court rejecting the Defendant’s counterclaim for [ insert details of counterclaim...