Designing Competitive Markets for Industrial Data – Between Propertisation and Access

As part of the project to establish a Digital Single Market, the European Commission has launched a ‘Free Flow of Data’ initiative. This initiative is meant to enhance the growth potential of the emerging data economy, which is characterised by the digitisation of production (smart factories) and the advent of digitised products such as smart—driverless—cars, or smart wearables that will be able to communicate with each other and the environment through the Internet of Things. Furthermore, the enormous amount of data generated and controlled by the industry could serve as a most valuable input for other new data-driven services and for applications in the public interest, such as the operation of smart cities, smart and resource-efficient farming, or measures to prevent the spread of infectious diseases. Obviously, this new data economy has to rely on the commercialisation of data. But what kind of regulation is needed in order to make the data economy work? Do we need new ownership rights in data? Or should regulation focus on access in order to make data as widely available as possible? The European Commission is currently trying to formulate answers to these questions. This article aims to assist the Commission by working on a pro-competitive framework for issues of both ownership and access.** In so doing, this article undertakes two things: first, it analyses to what extent intellectual property laws already provide control over data and then discusses the need and justification for introducing new rules on data ownership. Second, it analyses whether EU competition law already provides remedies to promote access to data, and furthermore explores whether and under which conditions the introduction of new access regimes would be advisable. This article is to be considered as on-going research. It does not yet take into account more recent developments in 2017

Panel 2: Intellectual Property

An international law of property will have implications on intellectual property rights. This area of law is currently a battleground of conflict among nations at different level of development, as well as within societies seeking to balance innovation, economic development, and human and natural health and well-being. One of the major issues is how TRIPs is moving us toward a truly international body of IP law

International Law Association\u27s Guidelines on Intellectual Property and Private International Law ( Kyoto Guidelines ): Applicable Law

The chapter “Applicable Law” of the International Law Association’s Guidelines on In­tellectual Property and Private International Law (“Kyoto Guidelines”) provides principles on the choice of law in international intellectual property matters. The Guidelines confirm the traditional principle of the lex loci protectionis for the existence, transferabil­ity, scope and infringement of intellectual property rights. The law applicable to the initial ownership of registered rights is governed by the lex loci protec­tionis whereas the law of the closest connection is applied to determine the ownership of copyright. For contracts, freedom of choice is acknowledged. With regard to ubiquitous or multi-state infringement and collective rights management in the field of copyright, the Guidelines suggest innovative solutions. Finally, the chapter contains a Guideline on the law applica­ble to the arbitrability of disputes

International Law Association’s Guidelines on Intellectual Property and Private International Law (“Kyoto Guidelines”): Applicable Law

The chapter “Applicable Law” of the International Law Association’s Guidelines on Intellectual Property and Private International Law (“Kyoto Guidelines”) provides principles on the choice of law in international intellectual property matters. The Guidelines confirm the traditional principle of the lex loci protection is for the existence, transferability, scope and infringement of intellectual property rights. The law applicable to the initial ownership of registered rights is governed by the lex loci protection is whereas the law of the closest connection is applied to determine the ownership of copyright. For contracts, freedom of choice is acknowledged. With regard to ubiquitous or multi-state infringement and collective rights management in the field of copyright, the Guidelines suggest innovative solutions. Finally, the chapter contains a Guideline on the law applicable to the arbitrability of disputes