Digital Omnibus proposal· Recital 22a

It should be recalled that the intellectual property rights of third parties are not affected by Chapter VIIc. The term ‘intellectual property rights’ refers to copyright and related rights, including sui generis forms of protection, and to industrial property rights, such as patents and registered designs and trademarks. Chapter VIIc Section 2 does not apply to data and documents covered by intellectual property rights of third parties, including industrial property rights such as patents and registered designs and trade marks. Chapter VIIc Section 3 applies to data protected on the ground of intellectual property rights of third parties, including on the grounds of industrial property rights. Provisions of Chapter VIIc Section 3 of Regulation (EU) 2023/2854 oblige public sector bodies to ensure that re-use does not affect the protected nature of those data.