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GLOSSARY

Sui generis definition

What does Sui generis mean?

Of its own kind or class, unique, on its own. A rule of construction.

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Legal protection of databases in the UK

UK databases—scope, Brexit and assimilated lawThe law protecting databases in the UK has been significantly influenced by EU legislative initiatives, particularly in the two decades before Brexit. Following the UK’s exit from the EU, EU law introduced, or implemented, after 31 December 2020 (IP completion day) is not binding in the UK. For pre-existing EU legislation, a new category of domestic law, retained EU law, was introduced under the European Union (Withdrawal) Act 2018 (EU(W)A 2018), and case law relating to any such retained EU law prior to the end of 2020 continued to have effect in the UK. The European Union (Withdrawal Agreement) Act 2020 made several changes to EU(W)A 2018 and introduced an implementation period beginning on 31 December 2020. During the implementation period, the legal position was frozen, save where actively amended by UK Parliament. UK courts could have regard to, but were no longer bound by, principles laid down or decisions made by the EU courts after this date. For more information, see Practice Notes: Brexit—key...

Copyright in music compilations and playlists

This Practice Note examines whether copyright can subsist in music compilations as a database. In essence, this issue boils down to whether the contents of the compilation constitutes its author’s own intellectual creation (explained in detail further below).Copyright subsistence in a database (or database copyright) is distinct from the sui generis database right, which is also considered in this Practice Note. The sui generis database right concerns the legal protection of databases in any form and is derived from the Copyright and Rights in Databases Regulations 1997 (CRD 1997), SI 1997/3032.The existence or otherwise of a sui generis database right does not determine whether or not copyright might also subsist in the same database (and vice versa). A database may be protected by one or both of these rights, or by neither.Court of Justice judgmentsThis Practice Note contains reference to judgments made by the Court.For guidance on whether judgments of the Court of Justice are binding on UK courts, see Practice Note: Assimilated law—Assimilated case law.Categorisation of copyright worksCopyright is...

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Court can impose both a fine and custodial sentence in civil contempt cases (Phonographic Performance Ltd v Andrew Ellis t/a Bla Bla Bar)

IP analysis: The Court of Appeal has dismissed an appeal by Phonographic Performance Ltd (PPL) in which it sought additional damages under section 97(2) of the Copyright Designs and Patents Act 1988 (CDPA 1988) against a copyright infringer who had also been given a suspended custodial sentence for contempt as a result of breaching an injunction to restrain copyright infringement. While the court dismissed the appeal based on the facts and in exercise of its discretion, it held that there was no reason in principle why a court could not both fine a contemnor and issue a custodial sentence. As part of its deliberations, the court clarified the nature of damages under CDPA 1988, s 97(2) as sui generis and held that there had been no error in drawing an analogy between such damages and a fine.

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