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European Intellectual Property Law

European Intellectual Property Law (2nd edn)

Justine Pila and Paul Torremans
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date: 27 May 2024

p. 48320. Introduction to Rights in Data and Informationlocked

p. 48320. Introduction to Rights in Data and Informationlocked

  • Justine PilaJustine PilaFellow and Senior Law Tutor of St Catherine’s College, Oxford; Research Fellow of the Institute of European and Comparative Law, Faculty of Law, University of Oxford
  •  and Paul L.C. TorremansPaul L.C. TorremansProfessor of Intellectual Property Law, University of Nottingham

Abstract

This chapter provides an overview of rights in data and information. It discusses the impetus for the creation of ‘rights’ in information, which is found in the financial investment in the gathering and the organization of the data and information. This area is entirely about the protection of investment against the ease of copying. The nature of what emerges is therefore also radically different from the traditional IP rights. Traditional IP rights such as patents, trade marks, and copyright are exclusionary rights, but they are transferable in nature. One can assign these rights. But in the area of ‘rights’ in information, non-transferability is the norm.

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