Opening Up Big Data for Sustainability: What Role for Database Rights in the Fourth Industrial Revolution?

Diega, Guido Noto La; Derclaye, Estelle

doi:10.2139/ssrn.4220534

Cited by 3 publications

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“… 170 Drexl et al ( 2022 ), paras. 256–266; Opinion of the European Copyright Society on selected aspects of the proposed Data Act, 12 May 2022 ; Noto La Diega and Derclaye ( 2022 ). …”

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confidence: 99%

The Role of EU Trade Secrets Law in the Data Economy: An Empirical Analysis

Aplin

Radauer

Bader

et al. 2023

IIC

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This article draws on a recently completed study for the European Commission on trade secrets in the data economy. It distils the main findings of that Study and advances it by reflecting on and analyzing these findings in the context of existing legal, management and economics literature, as well as their implications for EU legal policymaking when it comes to trade secrets law. In order to facilitate data sharing, the article argues for a cautious approach, with very modest legislative reforms to the EU Trade Secrets Directive, instead preferring soft law and practical steps to be taken. There is, however, greater scope to reform legal regimes that are complementary to EU trade secrets law, such as the sui generis database right.

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“… 170 Drexl et al ( 2022 ), paras. 256–266; Opinion of the European Copyright Society on selected aspects of the proposed Data Act, 12 May 2022 ; Noto La Diega and Derclaye ( 2022 ). …”

mentioning

confidence: 99%

The Role of EU Trade Secrets Law in the Data Economy: An Empirical Analysis

Aplin

Radauer

Bader

et al. 2023

IIC

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Fostering Innovation by Utilising Big Data: The Data Act and the Risk of Quasi-Exclusivity Reinforcing Data Lockups

Stuhldreier

2024

Developments in Intellectual Property Strategy

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In the digital economy, data has become a valuable asset and a crucial resource for driving innovation and progress. While large amounts of data are collected on a daily basis, only a small amount of this data is actually processed and utilised. As the data may still be of considerable worth in the future, it is guarded and oftentimes “locked away” by those who collect it. This is particularly regrettable considering the importance of data accessibility for innovative research activities. The unlocking of unused data has thus become a key concern for technological development in crucial areas including, but not limited to sustainable agriculture and medical technology. This Chapter addresses the European Data strategy and particularly the EU Data Act as adopted by the Council on 15 November 2023. One of the key objectives of the Data Act is to facilitate data access and improve the re-utilisation of available user-generated data. However, initial research raised concerns about the efficacy of the Data Act in this regard. While there exists no general ownership right to data, the Data Act may legally strengthen the de-facto control of data collectors, thereby establishing a quasi-exclusive right to this data. If not appropriately balanced, exclusive rights, however, limit access and tend to create obstacles for innovative endeavours. In this respect, the Chapter considers whether the Data Act is successful in striking an adequate balance between the rights and obligations of the various stakeholders in user-generated data. The Chapter highlights shortcomings of the European Data Strategy and addresses whether the Data Act provides for sufficient accessibility to facilitate that data can be re-used for innovation activity toward societal objectives.

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Data Access Rules, Copyright and Technological Protection Measures in the EU

Moscon

2024

Kreation Innovation Märkte - Creation Innovation Markets

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Opening Up Big Data for Sustainability: What Role for Database Rights in the Fourth Industrial Revolution?

Cited by 3 publications

References 0 publications

The Role of EU Trade Secrets Law in the Data Economy: An Empirical Analysis

The Role of EU Trade Secrets Law in the Data Economy: An Empirical Analysis

Fostering Innovation by Utilising Big Data: The Data Act and the Risk of Quasi-Exclusivity Reinforcing Data Lockups

Data Access Rules, Copyright and Technological Protection Measures in the EU

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