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date: 19 November 2018

Abstract and Keywords

This Chapter examines intellectual property rights in data and information in the European Union and major common law systems. It outlines the principal forms of legal protection or compilations of data and analyzes the competing doctrinal and economic bases for rights in information. The practical legal, economic, and theoretical issues in granting property rights to collections of factual data in major legal systems are examined in the context of European harmonization efforts. The chapter further examines the protection of data and information under the laws of confidentiality and trade secrets, and informational privacy under the common law and statutory data protection laws. Finally, the chapter outlines the scope of data exclusivity rights in respect of pharmaceuticals and the challenges in accommodating the conflicting interests of market participants in data driven economies.

Keywords: database right, copyright, compilations, trade secrets, data privacy, breach of confidence, misuse of private information, data protection, data exclusivity

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