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The Data Producer’s Right – An Instructive Obituary
from Part II - Property
Published online by Cambridge University Press: 21 March 2024
Data is one of the most valuable resources in the twenty-first century. Property rights are a tried-and-tested legal response to regulating valuable assets. With non-personal, machine-generated data within an EU context, mainstream IP options are not available, although certain types of machine generated data may be protected as trade secrets or within sui generis database protection. However, a new IP right is not needed. The formerly proposed EU data producer’s right is a cautionary tale for jurisdictions considering a similar model. A new property right would both strengthen the position of de facto data holders and drive up costs. However, with data, there are valuable lessons to be learned from constructed commons models.
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