- The Oxford Handbook of Intellectual Property Law
- List of Contributors
- Intellectual Property Law: An Anatomical Overview
- The Basic Structure of Intellectual Property Law
- What Kind of Rights Are Intellectual Property Rights?
- Intellectual Property as a Public Interest Mechanism
- Intellectual Property and Human Rights: Mapping an Evolving and Contested Relationship
- Intellectual Property Incentives: Economics and Policy Implications
- The Emergence and Development of Intellectual Property Law in Western Europe
- The Emergence and Development of the International Intellectual Property System
- The Emergence and Development of United States Intellectual Property Law
- The Emergence and Development of Intellectual Property Law in Canada
- The Emergence and Development of Intellectual Property Law in Australia and New Zealand
- The Emergence and Development of Intellectual Property Law in Central and Eastern Europe
- Intellectual Property in Asia: ASEAN, East Asia, and India
- The Emergence and Development of Intellectual Property Law in the Middle East
- Three Centuries and Counting: The Emergence and Development of Intellectual Property Law in Africa
- The Emergence and Development of Intellectual Property Law in South America
- Patents and Related Rights: A Global Kaleidoscope
- Trade Marks and Allied Rights
- Design Protection
- Rights in Data and Information
- Overlapping Rights
- Intellectual Property Licensing
- Cross-Border Intellectual Property Enforcement
- Users, Patents, and Innovation Policy
- Traditional Knowledge, Indigenous Peoples, and Local Communities
- Intellectual Property, Development, and Access to Knowledge
- Workers in the “Groves of Academe”: The Claim of Academics to Copyright and Patents
- Intellectual Property Meets the Internet
- Intellectual Property and Competition Law
- Intellectual Property and Private Ordering
- Intellectual Property and Public Health
- Intellectual Property and Climate Change
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.
Huw Beverley-Smith is a Partner at Faegre Baker Daniels in London.
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