Analysis: "CV-Online Latvia V Melons: In Search Of Flexibilities Under ...

Analysis: “CV-Online Latvia v Melons: In search of flexibilities under the Database Directive” by Sabine Jacques

Sabine Jacques

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Last Thursday, the Court of Justice handed down its decision in CV-Online Latvia v Melons (C-762/19) on whether the display of a third party’s database through a specialised search engine and redirecting users of the search engine to the original website constitute a ‘re-utilisation’ within the meaning of Article 7(2)(b) of Directive 96/9 and consequently, an infringement of the database sui generis right. Furthermore, the Latvian court asked whether the information contained in meta tags used on a search engine website fell within the scope of ‘extraction’ under Article 7(2)(a) of Directive 96/9. At the crossroads between intellectual property law and competition law, this case revisits the legality of meta search engines that allow sea

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