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Databases & Design rights PDF Print E-mail

Databases constitute a significant part of the information technology economy. Proprietary databases include contact management systems, knowledge management systems, intranets, back-office inventory systems, purchase order systems, websites and document management systems. A database is “a collection of independent works, data or other materials which (a) are arranged in a systematic or methodical way, and (b) are individually accessible by electronic or other means.”

A database is often such a valuable asset that businesses are increasingly looking to exploit them in their own right. In practice, the majority of database owners tend to exploit databases by way of licence rather than sale, to take advantage of their inherent characteristics which allow them to be reproduced infinitely and effortlessly and to be accessed by many users at once.

What you can do:

  • Create new databases rich in intellectual creativity. 
  • Keep the database up-to-date to re-start the term of protection. 
  • Comply with all obligations under any local data protection laws, in the event the database contains any personal information. 
  • Be vigilant about enforcement.
  • Put suspected infringers on notice of rights as soon as possible.

Design rights can be unregistered, in which case they are treated very much as copyright or registered designs.

What you can do:

  • Keep designs confidential prior to registration (if applicable), so as not to destroy novelty. 
  • Consider registration of design as an alternative (or in addition) to seeking patent protection.
  • Mark goods, packaging and documentation with the design registration number and the words "registered design" or "design right" and the name of the design right owner and year of first marketing, as this serves as a warning to would-be infringers. 
  • Review and consider further registrations as the business grows and changes.

At Anassutzi & Co, we provide a clear, honest and commercial review of all the various legal issues, having regard to the commercial realities at fixed fees! We can truly give you the best option and direction for each case, having only your company’s best interests at heart at very competitive prices!

Here are some examples of how we helped other businesses:

Case 1: Due diligence work to verify whether the correct database rights in relation to customers had been secured by a company in a sale and purchase of assets transaction.

Case 2: Acting on behalf of a furniture company in relation to a registered design infringement issue.

Case 3: Drafting and finalising an IP licence for and IT client.
 

For more information on how we can help you call us now or email us!

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Anassutzi & Co offers solutions putting law into your business context and offers high quality expertise for fixed fees www.anassutzi.com

 

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