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Recent French decisions on database protection: Towards a more consistent and compliant approach with the Court of Justice's case law?

Derclaye, Estelle

Recent French decisions on database protection: Towards a more consistent and compliant approach with the Court of Justice's case law? Thumbnail


Authors

ESTELLE DERCLAYE estelle.derclaye@nottingham.ac.uk
Professor of Intellectual Property Law



Abstract

Since the official date of implementation of the Database Directive , namely the 1 January 1998, 14 years have now already passed. During this decade and a half, French courts have handed down around 30 decisions on database protection. Between 1998 and 2004, the year when the Court of Justice of the European Union (CJEU) handed down its first four parallel rulings on the sui generis right , the French case law on the sui generis right was quite erratic. Admittedly, such state of affairs was not dissimilar in other Member States owing to the sheer novelty of the sui generis right and the vagueness of many of the Database Directive’s provisions.

Journal Article Type Article
Publication Date Mar 15, 2012
Deposit Date Dec 2, 2022
Publicly Available Date Dec 2, 2022
Journal European Journal of Law and Technology
Peer Reviewed Peer Reviewed
Volume 3
Issue 2
Pages 1-13
Public URL https://nottingham-repository.worktribe.com/output/14319576

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