Information property: navigator principles for the private–public conundrum between digital data and immaterial property (IP)

Christine Godt

Chapter 19 in Research Handbook on European Property Law, 2024, pp 219-246 from Edward Elgar Publishing

Abstract: This chapter is interested in the conceptual foundations of ‘information property’ which is understood as a transformative term. It departs from the assumption that the term is fuzzy and not limited to ‘intellectual property’. It therefore explores various entitlements to information across different sectors. A central finding is that ‘information property’ encompasses both exclusive rights and proprietary access rights, very much like in English common law and regardless of their regulatory origin. The author draws the conclusion that we see the emergence of more general principles of entitlement and access for two reasons. First, against the backdrop of sector-fragmented regulation, general principles provide a language for the decision of conflicts of interests and balancing. Second, principles help to accommodate communication across national jurisdictions. Not only is information per se transboundary due to its immateriality. The implied ‘publicness’ will give rise to regulatory intervention. The task at hand is to embed publicness inside private institutions.

Keywords: Law - Academic (search for similar items in EconPapers)
Date: 2024
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