Research Handbook on Intellectual Property and Digital Technologies
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Research Handbook on Intellectual Property and Digital Technologies

Edited by Tanya Aplin

This Handbook provides a scholarly and comprehensive account of the multiple converging challenges that digital technologies present for intellectual property (IP) rights, from the perspectives of international, EU and US law. Despite the fast-moving nature of digital technology, this Handbook provides profound reflections on the underlying normative legal dilemmas, identifying future problems and suggesting how digital IP issues should be dealt with in the future.
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Chapter 6: Big data and data appropriation in the EU

Alain Strowel

Abstract

This chapter reviews the various EU laws that allow private parties to control the use of data. Relying on the view that property is an institution for organizing the use of resources, the chapter shows that the EU legal framework creates various property-like protections around data. Intellectual property rights, such as copyright or the database right, contribute to data appropriation. In addition to contracts, possibly combined with technical and organizational protections, data protection and trade secrets regimes also facilitate the appropriation of personal and confidential data. The chapter also summarizes the 2017 Commission’s initiatives concerning the free flow of nonpersonal data and argues against the introduction of a new data property.

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