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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. 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.
    3. 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).
    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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