What Can Big Data Protection Learn from Trade Secret Protection?

نویسندگان

چکیده

The nature of big data protection remains an enigma. By ‘big data’, we refer to that are non-copyrightable, non-secret and do not fall into the scope existing intellectual property laws. Assuming such require some sort in order incentivize investment, what form shall take? Contract law, tort unfair competition law or a sui generis law? There is no consensus among different jurisdictions. Some jurisdictions follow approach. For example, EU has been offering IP databases with Directive 96/9/EC on Legal Protection Databases. In contrast, many other choose non-property Take United States for example. A century after International News Service v Associated Press, which misappropriation doctrine was used offer ad hoc hot news, US still introduced right. Even though valuable receive legal protection, ideal yet be clarified.

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ژورنال

عنوان ژورنال: GRUR international

سال: 2023

ISSN: ['2632-8550', '2632-8623']

DOI: https://doi.org/10.1093/grurint/ikad047