I attempted to post this message this morning but it does not seem to have
been sent to all. Apologies if you receive it again.
Those who read the Legal Issues column in UKOLUG Newsletter will know that
earlier this year the British Horseracing Board comprehensively won an
important case on database right in an action it bought against the
bookmaker William Hill.
Following that judgment William Hill appealed the decision to the Court of
Appeal. Yesterday the CA ruled that the matter now had to be referred to
the European Court of Justice, to obtain a ruling relating to the precise
scope of protection which the Database Directive affords to database
makers.
Such a ruling is likely to take some time. Since courts in other European
Union Member States have taken different approaches to the interpretation
of key aspects of database right (over 25 cases have been brought in Spain,
the Netherlands, Germany, France and Belgium, in addition to the UK) the
European Court of Justice will now have to clarify key matters relating to
the directive, to ensure its uniform interpretation in each of the Member
States.
It remains to be seen, therefore, if the approach adopted by the High Court
earlier this year (which gave very extensive protection to the database
owner) was the right one.
Laurence
Laurence W. Bebbington
Law Librarian (Hallward Library)
The University of Nottingham
University Park
Nottingham
NG7 2RD
Tel: 0115 95 14568
|