Patents and property rights for big data
Paolo Cuomo
COURSE AIMS
Preliminary knowledge
Basic knowledge of private law and commercial law.
The objective of the course is to explain the main legal problems of big data and the principles governing such a phenomenon with respect to intellectual property law, by means of a theoretical and practical approach. Attending the course students will have a chance to acquire the basic legal notions necessary to understand whether, how and to what extent it is possible to protect business investments involved in the phenomenon of big data against parasitism.
COURSE CONTENT
1.Introduction: the phenomenon of big data and the dilemma between proprietary rights and open access
2.Means of protection according to current law:
2.1.Protection of dataset and proprietary rights (copyright and sui generis right) on databases;
2.2.Protection of data analytics instruments between copyright and patent law;
2.3.Protection of raw data and trade secrets legislation;
2.4.Future law reforms: towards a special intellectual property right for big data?
3.Subjective aspects: allocation and joint ownership of intellectual property rights on big data;
4.Transfer of intellectual property rights on big data:
4.1.Sale and license agreements of intellectual property rights on big data;
4.2.Data commons
5.Limitations on the exploitation of big data:
5.1.Exploitation of personal data e privacylegislation;
5.2.Big data and antitrust law.
READING LIST
Compulsory readings:
1.C. Osborne, Legal study on ownership and access to data. Final report, 2016.
2.W. Kerber, A new (intellectual) property right for non-personal data? An economic analysis, in GRUR int., 2016, 989 ss.
3.M. Mattioli, Disclosing Big Data, in Minn. Law Rev., 2014, 535 ss.
Optional readings will be suggested by the Professor during classes and within his personal web-page or blackboard.
TEACHING METHOD
Lectures and practical sessions; examination of case studies, partecipation by experts.
ASSESSMENT METHOD
Students will be evaluated through a final oral examination aiming at establishing whether they have acquired the notions that have been given during the course.