British Horseracing Board Ltd & Ors v William Hill Organization Ltd [2005] EWCA Civ 863 (13 July 2005)

British Horseracing Board Ltd & Ors v William Hill Organization Ltd [2005] EWCA Civ 863 (13 July 2005)

The Court of Appeal held that the BHB database, insofar as it consists of the official lists of riders and runners, is not protected by the sui generis right under Article 7(1) of Directive 96/9/EC because the investment was in the creation of the data, not in obtaining or verifying existing independent materials.

Citation
[2005] EWCA Civ 863
Parties
Claimant/respondent: The British Horseracing Board Limited; Claimant/respondent: The Jockey Club; Claimant/respondent: Weatherbys Group Limited; Defendant/appellant: William Hill Organization Limited
Jurisdiction
England and Wales
Judgment Date
13 July 2005
Procedural Posture
Appeal / Final Determination by Court of Appeal After ECJ Reference
Outcome
Appeal allowed
Legal Topics
Database Right, Sui Generis Right, Directive 96/9/ec, Investment in Databases, Obtaining and Verification of Database Contents
Intellectual Property European Union Law Database Right Sui Generis Right Directive 96/9/ec Investment in Databases Obtaining and Verification of Database Contents

Case Brief

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Parties

The British Horseracing Board Limited

Claimant/respondent

The Jockey Club

Claimant/respondent

Weatherbys Group Limited

Claimant/respondent

William Hill Organization Limited

Defendant/appellant

Procedural Posture

Appeal / Final Determination by Court of Appeal After ECJ Reference

Legal Issues

  1. 1 Whether the BHB database is protected by the sui generis database right under Article 7(1) of Directive 96/9/EC
  2. 2 Whether the investment by BHB constitutes investment in obtaining or verifying the contents of the database or merely in creating the data

Ratio Decidendi

The Court of Appeal held that the BHB database, insofar as it consists of the official lists of riders and runners, is not protected by the sui generis right under Article 7(1) of Directive 96/9/EC because the investment was in the creation of the data, not in obtaining or verifying existing independent materials.

Court Disposition

Appeal allowed

Orders

  • The appeal by William Hill Organization Limited is allowed.