British Horseracing Board Ltd & Ors v William Hill Organization Ltd

British Horseracing Board Ltd & Ors v William Hill Organization Ltd

The BHB database, insofar as it consists of 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 is in the creation of data, not in obtaining or verifying existing independent materials. The ECJ's interpretation is binding and dispositive.

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
Civil Appeal / Final Appellate Judgment After ECJ Reference
Outcome
Appeal allowed
Legal Topics
Database Right, Sui Generis Right, Directive 96/9/ec, Extraction and Re Utilization of Database Contents
Intellectual Property Law European Union Law Database Right Sui Generis Right Directive 96/9/ec Extraction and Re Utilization 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

Civil Appeal / Final Appellate Judgment After ECJ Reference

Legal Issues

  1. 1 Whether the BHB database is protected by the sui generis right under Article 7(1) of Directive 96/9/EC
  2. 2 Whether the investment in compiling lists of runners and riders constitutes investment in obtaining or verifying database contents

Ratio Decidendi

The BHB database, insofar as it consists of 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 is in the creation of data, not in obtaining or verifying existing independent materials. The ECJ's interpretation is binding and dispositive.

Court Disposition

Appeal allowed

Orders

  • The appeal by William Hill Organization Limited is allowed.
  • No further consideration of extraction or re-utilization of a substantial part is necessary.