Mireille van Eechoud, ‘A Serpent Eating its Tail: The Database Directive Meets the Open Data Directive’

ABSTRACT
As part of its broader digital strategy, the European Commission has articulated a data strategy. Its aim is to help grow ‘the use of, and demand for, data and data-enabled products and services throughout the Single Market’. In the eyes of the EC, promoting wider availability and use of data would stimulate not just ‘greater productivity and competitive markets, but also improvements in health and well-being, environment, transparent governance and convenient public services’. That is quite a shopping list. The data strategy has ramifications for intellectual property law, especially for the sui generis database right enshrined in the 1996 Database Directive.

van Eechoud, Mireille MM, A Serpent Eating its Tail: The Database Directive Meets the Open Data Directive (July 2, 2021). Accepted in IIC – International Review of Intellectual Property and Competition Law (2021) 52:375–378, Amsterdam Law School Research Paper No 2021-28, Institute for Information Law Research Paper No 2021-05.

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