Ownership. Proprietary Rights in Technical Data, Information and Know-How

Thesis (M.A.) from the year 2019 in the subject Law - Media, Multimedia Law, Copyright, grade: 70 points, distinction, University of Salford (College of Business and Law), language: English, abstract: The study analyses the relevant IPR (patent, copyright, database right, trade secret) for technical data, information and know-how. The common law claim of breach of confidence forms the starting basis. The legal characteristics to classify the three subjects as proprietary rights are examined, in particular whether they can attract IP protection.

Technical data, information and know-how are important in a data-driven, digital economy. Their adequate legal protection has been discussed for a long time. An additional debate on the legal characterization of data and the legal rules applicable to them has started in recent years and is still ongoing.

As a contribution to this debate, this study summarizes the current state of legal protection for the three subjects and evaluates the appropriate proprietary rights. The study involves a legal research on the relevant court cases, legislation and literature. The previous court rulings concerning the breach of confidence form the basis for the legal analysis. Then, the study examines the limits of the protection of patent, copyright and database right for data, information and know-how.

The newly introduced legal instrument of trade secret may provide a suitable legal protection for the three subjects and has the potential to clarify some discussed legal issues, particularly in respect of data as immaterial thing. The study shows the constant challenge to properly capture the developments in the digital technology by the legal terms and instruments of intellectual property law.