Outputs (49)

Intellectual property rights on information and market power: comparing the European and American protection of databases (2007)
Journal Article
Derclaye, E. (2007). Intellectual property rights on information and market power: comparing the European and American protection of databases. International Review of Intellectual Property and Competition Law, 38(3),

When the database sui generis right (“database right”) was enacted in 1996, many voices rose to criticise it vehemently. According to some, it would create an unprecedented intellectual property right on information, the latter being traditionally o... Read More about Intellectual property rights on information and market power: comparing the European and American protection of databases.

Can and should misappropriation also protect databases? A comparative approach (2007)
Book Chapter
Derclaye, E. (2007). Can and should misappropriation also protect databases? A comparative approach. In P. Torremans (Ed.), Copyright law: a handbook of contemporary research. Edward Elgar

Exploitation of databases, intellectual property, competition law and the sport industry: a missed goal? (2007)
Book Chapter
Derclaye, E. (2007). Exploitation of databases, intellectual property, competition law and the sport industry: a missed goal?. In B. Bogusz, A. Cygan, & E. Szyszczak (Eds.), The regulation of sport in the European Union. Edward Elgar

Database sui generis right: the need to take the public’s right to information and freedom of expression into account (2007)
Book Chapter
Derclaye, E. (2007). Database sui generis right: the need to take the public’s right to information and freedom of expression into account. In F. Macmillan (Ed.), New directions in copyright law. Edward Elgar

One in the nose for Bellure: French appellate court confirms that perfumes are copyright protected (2006)
Journal Article
Derclaye, E. (2006). One in the nose for Bellure: French appellate court confirms that perfumes are copyright protected. Journal of Intellectual Property Law and Practice, 1(6), https://doi.org/10.1093/jiplp/jpl048

The Cour d'appel de Paris has held that a fragrance could be protected by copyright, as long as it fulfils the requirement of originality.

ECJ clarifies collecting societies’ rights in relation to the cable retransmission right but leaves some questions unanswered (2006)
Journal Article
Derclaye, E., & Strowel, A. (2006). ECJ clarifies collecting societies’ rights in relation to the cable retransmission right but leaves some questions unanswered. Journal of Intellectual Property Law and Practice, 1(12), https://doi.org/10.1093/jiplp/jpl147

The Belgian Copyright Act finally revamped with the implementation of the Copyright Directive (2001/29): the good, the bad and the ugly (2005)
Journal Article
Derclaye, E. (2005). The Belgian Copyright Act finally revamped with the implementation of the Copyright Directive (2001/29): the good, the bad and the ugly

On 22 May 2005, exactly two and a half years too late according to the maximum implementation deadline, Belgium finally implemented Directive 2001/29 on copyright and related rights in the information society (“the Directive”). The act was published... Read More about The Belgian Copyright Act finally revamped with the implementation of the Copyright Directive (2001/29): the good, the bad and the ugly.

The ECJ interprets the database sui generis right for the first time (2005)
Journal Article
Derclaye, E. (2005). The ECJ interprets the database sui generis right for the first time. European Law Review, 30,

An economic analysis of the contractual protection of databases (2005)
Journal Article
Derclaye, E. (2005). An economic analysis of the contractual protection of databases

Databases sui generis right: what is a substantial investment? A tentative definition (2005)
Journal Article
Derclaye, E. (2005). Databases sui generis right: what is a substantial investment? A tentative definition. International Review of Intellectual Property and Competition Law, 36(1),

This article reviews the national case law and summarises the views of commentators relating to the concept of substantial investment. This the requirement for a database to be protected by the European sui generis right. The discussion shows that th... Read More about Databases sui generis right: what is a substantial investment? A tentative definition.