Indexing

KOUKAL, Pavel. Indexing. In Paul Torremans. Elgar Encyclopedia of Intellectual Property Law. Cheltenham: Edward Elgar, 2024. Available from: https://dx.doi.org/10.4337/9781800886933.

Basic information

• Original name: Indexing
• Authors: KOUKAL, Pavel.
• Edition: Cheltenham, Elgar Encyclopedia of Intellectual Property Law, 2024.
• Publisher: Edward Elgar

Other information

• Original language: English
• Type of outcome: Chapter(s) of a specialized book
• Field of Study: 50501 Law
• Country of publisher: United Kingdom of Great Britain and Northern Ireland
• Confidentiality degree: is not subject to a state or trade secret
• WWW: URL
• Organization unit: Faculty of Law
• Doi: http://dx.doi.org/10.4337/9781800886933
• Keywords in English: indexing; safe harbour; patent classification; trademark databases; Digital Services Act
• Tags: International impact, Reviewed

Abstract

This entry explores the concept of indexing, which involves creating an organized database of information to facilitate easy retrieval and comprehensive overview. Indexing is applied across various fields, including libraries, search engines, and digital content platforms, making information more accessible and usable. In the realm of patent law, indexing is crucial for classifying inventions and ensuring their retrievability. The international patent classification (IPC) system and other tools help identify prior art, aiding in determining the novelty of inventions (International Patent Classification (IPC), 2023.01). The European Patent Office’s Board of Appeal has acknowledged that database indexing can have a technical character if it enhances search efficiency, contributing to the technical nature of the method. In trademark law, indexing involves maintaining databases of registered and pending trademarks, utilizing classification systems like the Nice and Vienna classifications. This process helps in searching and identifying trademarks, aiding in the protection of intellectual property rights (IP Translator, Case C-307/10). Indexing also plays a significant role in copyright law, particularly concerning the reproduction right and the communication of works to the public. The EU's e-Commerce Directive and the Digital Services Act (DSA) establish frameworks for platform liability and content moderation. These regulations require platforms to implement measures to prevent the availability of infringing content, balancing the protection of copyright owners with the fundamental rights of users (Stichting Brein v Ziggo BV, Case C-610/15).