Database Rights – Case Law
Case law comprises the reported decisions of selected appellate and other courts (called courts of first impression) which make new interpretations of the law and, therefore, can be cited as precedents. In England and Wales, courts decide the law applicable to a case by interpreting statutes and applying precedents which record how and why prior cases have been decided.
As with every statutory intellectual property right, a good deal of case law has arisen in relation to the law and practice of database rights. A selection of the more important and most recent decisions of the English High Court, Court of Appeal and House of Lords, now the Supreme Court, appear below.
The British Horseracing Board Ltd & Ors v. William Hill Organization Ltd – ECJ – 9 November 2004
Football Dataco Limited & Ors v. Brittens Pools Limited & Ors – High Court ChD – 23 April 2010