No One's Ownership as the Status Quo and a Possible Way Forward: A Note on the 
Public Consultation on Building a European Data Economy

Kim, Daria

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No One's Ownership as the Status Quo and a Possible Way Forward: A Note on the Public Consultation on Building a European Data Economy

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Kim, Daria
MPI for Innovation and Competition, Max Planck Society;

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https://academic.oup.com/jiplp/advance-article/doi/10.1093/jiplp/jpx215/4769338?guestAccessKey=4f6cb131-c809-4f06-a243-7453f87bb1b6
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Kim, D. (2017). No One's Ownership as the Status Quo and a Possible Way Forward: A Note on the Public Consultation on Building a European Data Economy. Gewerblicher Rechtsschutz und Urheberrecht Internationaler Teil, 66(8/9), 697-705.

Cite as: https://hdl.handle.net/11858/00-001M-0000-002E-3279-8

Abstract

From 10 January to 26 April 2017 the European Commission carried out a public consultation on Building a European Data Economy. The key legal question of the initiative is how access and use rights in industrial data, as a digital resource, should be defined and allocated in order to achieve the objectives of the EU data-driven economy. The present analysis focuses on the proposals for new rights in industrial data, and takes a methodological perspective of designing a regulatory intervention. The overall argument is that the ‘intervention logic’ behind the proposals for a data producer’s right does not appear straightforward, and that keeping the scenario of non-intervention by such rights might not be the least optimal option among the possible ‘ways forward’.