British Horseracing Board Ltd& Ors. v William Hill Organization Ltd [2001] EWHC 517 (Patents) (09 February 2001)

British Horseracing Board Ltd& Ors. v William Hill Organization Ltd [2001] EWHC 517 (Patents) (09 February 2001)

The BHB Database qualifies for database right protection as a result of substantial investment in obtaining, verifying, and presenting its contents. The data used by William Hill for its internet betting service is derived from the BHB Database and constitutes a substantial part of its contents, both qualitatively and quantitatively, given the core nature of the information and its importance to the database's purpose. William Hill's acts amount to extraction or re-utilization of a substantial part of the database without authorisation, thereby infringing BHB's database right under Article 7(1) of Directive 96/9/EC.

Citation
[2001] EWHC 517 (Patents)
Parties
Claimant: The British Horseracing Board Limited; Claimant: The Jockey Club; Claimant: Weatherbys Group Limited; Defendant: William Hill Organization Limited
Jurisdiction
England and Wales
Judgment Date
09 February 2001
Procedural Posture
Intellectual Property (database Right) Claim / First Instance Judgment in the High Court, Patents Court
Outcome
Judgment for the claimants (BHB and others).
Legal Topics
Database Right, Copyright and Rights in Databases Regulations 1997, Directive 96/9/ec, Sui Generis Right, Infringement, Substantial Part, Extraction and Re Utilization
Intellectual Property European Union Law Database Right Copyright and Rights in Databases Regulations 1997 Directive 96/9/ec Sui Generis Right Infringement Substantial Part +1 more

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Parties

The British Horseracing Board Limited

Claimant

The Jockey Club

Claimant

Weatherbys Group Limited

Claimant

William Hill Organization Limited

Defendant

Procedural Posture

Intellectual Property (database Right) Claim / First Instance Judgment in the High Court, Patents Court

Legal Issues

  1. 1 Whether the BHB Database qualifies for database right protection under Directive 96/9/EC and the 1997 Regulations
  2. 2 Whether William Hill's use of data from the BHB Database via SIS constitutes extraction or re-utilization of a substantial part of the database
  3. 3 Whether the acts of William Hill amount to infringement under Article 7(1) or 7(5) of the Directive

Ratio Decidendi

The BHB Database qualifies for database right protection as a result of substantial investment in obtaining, verifying, and presenting its contents. The data used by William Hill for its internet betting service is derived from the BHB Database and constitutes a substantial part of its contents, both qualitatively and quantitatively, given the core nature of the information and its importance to the database's purpose. William Hill's acts amount to extraction or re-utilization of a substantial part of the database without authorisation, thereby infringing BHB's database right under Article 7(1) of Directive 96/9/EC.

Court Disposition

Judgment for the claimants (BHB and others).

Orders

  • Declaration that BHB's database right has been infringed by William Hill's unlicensed use of data for its internet betting service.
  • Injunction to restrain further infringement by William Hill.