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A New (Intellectual) Property Right for Non-Personal Data? An Economic Analysis

Author

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  • Wolfgang Kerber

    (University of Marburg)

Abstract

The discussion about appropriate legal rules for the digital economy has raised the question of the ownership of non-personal data, e.g. in the context of value networks of firms, smart manufacturing and connected cars. The article analyzes from an economic perspective whether there is a need for a new exclusive IPR on data. It is shown that there are no convincing economic arguments for the in-troduction of such a new IPR, especially due to the lack of an incentive problem for the production and analysis of data. On the contrary, a new IPR on data might lead to considerable problems and dangers for competition and innovation, especially for the digital economy, which depends on the access to a broad variety of data. Therefore problems of access to data might be a much more im-portant policy issue than exclusive property rights on data.

Suggested Citation

  • Wolfgang Kerber, 2016. "A New (Intellectual) Property Right for Non-Personal Data? An Economic Analysis," MAGKS Papers on Economics 201637, Philipps-Universität Marburg, Faculty of Business Administration and Economics, Department of Economics (Volkswirtschaftliche Abteilung).
    • Handle: RePEc:mar:magkse:201637
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    File URL: http://www.uni-marburg.de/fb02/makro/forschung/magkspapers/paper_2016/37-2016_kerber.pdf
    File Function: First 201637
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    Citations

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    Cited by:

    1. Rockett Katharine, 2023. "Is Data the New Gold? Considering Intellectual Property Protection and Regulation of Data," Economics - The Open-Access, Open-Assessment Journal, De Gruyter, vol. 17(1), pages 1-15, January.
    2. Wolfgang Kerber, 2019. "Data-sharing in IoT Ecosystems from a Competition Law Perspective: The Example of Connected Cars," MAGKS Papers on Economics 201921, Philipps-Universität Marburg, Faculty of Business Administration and Economics, Department of Economics (Volkswirtschaftliche Abteilung).
    3. Bertin Martens, 2018. "The impact of data access regimes on artificial intelligence and machine learning," JRC Working Papers on Digital Economy 2018-09, Joint Research Centre.
    4. Martina Eckardt & Wolfgang Kerber, 2024. "Property rights theory, bundles of rights on IoT data, and the EU Data Act," European Journal of Law and Economics, Springer, vol. 57(1), pages 113-143, April.

    More about this item

    Keywords

    Digital economy; data ownership; intellectual property;
    All these keywords.

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