Database rights infringed

When a competitor of a healthcare information company sent out a mass mailing to 6,000 practice nurses using at least 4,783 records identical to records of the claimant, the Patents County Court held that database rights had been infringed. The defendants had extracted a substantial part of the 43,000 records onto their own computers and the mass-mailing exercise itself was an infringement, because the repeated and systematic extractions of insubstantial parts of the database added up to a substantial part. There have been few cases before the courts regarding the database right and this judgement shows how any future similar case is likely to be viewed by a court.

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