Letter of claim—database right infringement

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  • Letter of claim—database right infringement

Letter of claim—database right infringement

Letter of claim

[Alleged infringer’s name and address]

[Date]

Dear [insert organisation name]

[Copyright and] database right infringement: [Name and description of database]

We are writing on behalf of [name of client] of [address]. We are writing to you about your activities and actions, which amount to an infringement of our client’s [copyright and] database right.

[Name of client]

[Name of client] operates in [describe the industry of operation, what the rights owner does, who in the company makes, produces and maintains the database and, if relevant how, they are employed. Define or give the name of the database (Database)]. [Name of client] is the [owner OR owner-assignee OR non-exclusive licensee OR exclusive licensee] of [copyright and] database right in the database, an extract of which is enclosed for your attention. [In accordance with section 11(2) of the Copyright, Designs and Patents Act 1988 (CDPA 1988) and the Copyright and Rights in Databases Regulations 1997, SI 1997/3032, Regulation 14(2) our client owns the copyright subsisting in the Database because it is the employer of the person(s) who produced and/or made the Database.]

The database

[Our client’s [defined Database] is protected under copyright law as an original literary work under section 3(1) of the CDPA 1988.]

[Our client employs highly skilled and experienced [name of type of employees, eg analysts] who use their expertise to analyse [describe the information] and

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