The Existing European IP Rights System and the Data Economy – An Overview With Particular Focus on Data Access and Portability

Abstract

In contrast to earlier contributions on existing IP protection and the data economy this paper takes a targeted approach. The author focuses on the impact of the existing EU IP regime (copyright, sui generis protection of databases, patents and trade secrets protection) on access to and portability of data. Accordingly, the paper, first, deals with the question of how to keep data portability infrastructures open and accessible. Secondly, the paper discusses how to accommodate the different existing or proposed data access regimes or discussed case groups for access regulation with EU IP law, in particular with sui generis protection of databases and trade secrets protection. As for future perspectives, the paper, thirdly, identifies certain elements in the existing IP regime which might prove helpful as building blocks for the future regulation of the data economy.

Keywords: Database Protection, Database Directive, Data Ownership, Access to Data, Data Access, Data Portability, Data Sharing, Data Economy, Data-Driven Economy, Internet of Things, Data Analytics, Database Rights, Digital Single Market Directive Proposal, Digital Single Market Directive, DSM, DSM Directive

JEL Classification: K