Journal Article

Suing under sui generis rights—getting closer to off-shore servers

Rachel Montagnon and Joel Smith

in Journal of Intellectual Property Law & Practice

Volume 8, issue 3, pages 197-200
Published in print March 2013 | ISSN: 1747-1532
Published online March 2013 | e-ISSN: 1747-1540 | DOI: http://dx.doi.org/10.1093/jiplp/jps226
Suing under sui generis rights—getting closer to off-shore servers

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Where data is uploaded from a database in Member State A which is protected by sui generis rights in Member State B and sent to the computer of a person in Member State B at that person's request, for the purposes of storage in that computer's memory and display on its screen, this constitutes an act of ‘re-utilization’ of the data by the person sending it.

Journal Article.  2428 words. 

Subjects: Arbitration ; Intellectual Property Law

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