ABSTRACT
The emergence of a highly dynamic and quickly evolving data industry has spawned a debate concerning whether, and if so under which legal regime, ‘raw’ data, in particular auto-generated data, may and should be afforded legal protection so as to provide a stable legal environment for the data industry , and thus to establish a framework permitting legal certainty for data licensing agreements or for using such right as a foundation for monetization. The article discusses the implications of data property right against the background of the EU sui generis database right – and the manifold problems that regime has caused as regards access to information and freedom of competition in the past years.
Westkamp, Guido, Data(base) Rights? – Misappropriation, Property, and Tales of Trials and Tribulations (June 17, 2020) in Sharon K Sandeen, Christoph Rademacher and Ansgar Ohly, Research Handbook on Information Law and Governance, Edward Elgar 2020.
First posted 2022-04-19 08:00:30
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