IDEAS home Printed from https://ideas.repec.org/h/elg/eechap/19702_19.html
   My bibliography  Save this book chapter

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

In: Research Handbook on European Property Law

Author

Listed:
  • Christine Godt

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.

Suggested Citation

  • Christine Godt, 2024. "Information property: navigator principles for the private–public conundrum between digital data and immaterial property (IP)," Chapters, in: Sjef van Erp & Katja Zimmermann (ed.), Research Handbook on European Property Law, chapter 19, pages 219-246, Edward Elgar Publishing.
  • Handle: RePEc:elg:eechap:19702_19
    as

    Download full text from publisher

    File URL: https://www.elgaronline.com/doi/10.4337/9781839105845.00027
    Download Restriction: no
    ---><---

    More about this item

    Keywords

    Law - Academic;

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:elg:eechap:19702_19. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Darrel McCalla (email available below). General contact details of provider: http://www.e-elgar.com .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.