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Written by : Virgina Balzarini
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hello my name is Maria ray bender I'm here to talk to you about intellectual property rights and Dave intellectual property legislation creates rights to databases datum and data can also be trade secrets that are protected by trade secret legislation this presentation is based on European Union and Finnish legislation in addition to legislation agreements can be used to define rights and agreements have to be used to define how intellectual property rights the data and databases can be used and what steps have to be taken to protect trade secrets we will talk about agreements more closely in the next session trade secret means information which meets all of the following requirements it is secret in the sense that it is not generally known among or not readily accessible to persons within the circles that normally deal with the kind of information it has commercial value because it is secret and it has been subject to reasonable steps to keep it secret by the trade secret hold the trade secret holder is any entity controlling a trade secret trade secret infringer is an entity who was unlawfully acquired used or disclosed a trade secret a company must protect the data and databases containing trade secrets with reasonable steps and must inform and educate staff and the third parties about what is considered confidential information and what is their role in protecting trade secrets reasonable steps to keep trade secret include procedures such as marking confidential technical and business data as confidential identifying and assessing potential risks the confidential data implementing physical and electronic access restrictions to data and having non-disclosure agreements with employees and third parties copyright can protect databases and original works the database showing originality of the creators can be protected as an original work the act of compiling a database attracts copyright insofar as the compiled has exercised intellect on judgments in selecting or arranging the data in order to achieve an original database database right is created to company an exception for universities see this is independent research done by researcher then the right is created to that researcher a database can also contain works photographs videos texts or other copyright protected original works right to these works are created to authors and rights have to be transferred by agreements to company European Union has in addition to copyright a separate sua generis database right that applies to the contents of a database where substantial investment was made to obtain verify or present data this sweet generous database is always created below to the investor for example the company who is the employer databases can also be protected as catalogs in the Nordic countries this catalogue right is also owned by the investor or created to the image the soy Canaries database right has been drafted in the database directive and it is included in the finished Copyright Act and also the catalogue right is included in the Finnish Copyright Act there is the digital single market directive that contains articles on text and data mining for companies there will be an exception to the right of reproduction and attraction for text and data mining also for companies this exception will allow for text and data mining on the condition that the use of works has not been expressly reserved by the right holders in an appropriate manner such as machine readable means in case of the content has been made publicly available online so websites already have numerous technical measures that are designed to detect limit and block scraping extraction and copying of data on the websites it is illegal to circumvent these technical barriers this prevent mass automated scraping also in addition to these technical barriers access and use restrictions can be terms in User Agreement which the users agrees to abide by when they for example register their account to social media or decide to use website content more information on European Union and Finnish legislation from these sources thank you
Thanks for your comment Tomoko Ipock, have a nice day.
- Virgina Balzarini, Staff Member
so uh good afternoon everyone um i'm very glad to well virtually see you obviously not see you in real life but to virtually see you as one does uh in this year um and especially also to see so many of you on a session on intellectual property rights and open data on a legal topic which is uh well it's not that common that legal topics generate a lot of visibility and a lot of focus so i'm very happy to see that there are a lot of exceptions to this rule um you are right to be here though um because there are a lot of interesting um uh a lot of interesting topics a lot of interesting evolutions going on um right now and in the session um which will be split into two parts in the session the idea is to um first of all to summarize some of the main trends some of the main evolutions and we'll also have an an open um panel discussion so um in terms of agenda let me see there we go that should be working in terms of agenda so i'll start off uh with a short introduction to the the main topics that i want to discuss the main context policy context and legal context what's actually going on and why are we talking about intellectual property rights right now even though intellectual property rights are not not buzzing a hot topic of themselves right now i want to talk about two things in particular first of all uh a quick um presentation on the discussion on uh the open data directive so the innovations that it's it's brought on board there and that's the open data directive for the purposes of this presentation is kind of an appetizer for the second and and bigger meta topic i would say of the presentation which is um the shift that we're seeing right now not just um in the market but also increasingly in public sector and data economy in general and society in general from static data sharing to data as a service what that actually means what it entails also from an intellectual property rights perspective to have new possibilities do we have new constraints what you have to look out for so really we have kind of two big themes that will run through the presentations that we have ready here today first is the the the data economy the emergence of the data economy itself the whole policy agenda behind it the whole um narrative that data sharing is a good thing and we need more of it as a european economy to be able to compete in a global market and the second part of it is uh the the resulting shift to um dynamic flexible live real-time data sharing those presentations that we will have in the first hour i'll try to leave some margin in both presentations for questions afterwards on topics themselves we'll have those presentations in the first after hour and then afterwards we'll have a um an interactive more dynamic section of the uh presentation itself which uh for which we've invited a couple of a very uh skilled and very knowledgeable uh panelists um that would be uh ms annette uh hilupant from uh wic consulting amazon sales from geonovam uh unfortunately we also had invited a panelist from the jrc but she was unable to attend since as some of you might be aware the api days conference in paris is also ongoing and um overlapping nonetheless i'm sure we'll be able to have an interesting panel discussion with the people who are present um and uh you're also encouraged um after the the presentations in the first hour during the panel discussion to raise your own questions because the idea obviously with this being a training session is that we answer your questions and not that we project our questions and our answers uh onto you so uh do feel free to um raise questions um after the presentations or at any time during the panel discussions you can do that um by unmuting and asking it directly i will also keep an eye out for questions that pop up in the chat after the presentations and during the panel discussions for those of you who would prefer not to speak up well uh while recording as was already mentioned you will get a copy of the slide so there's well feel free to make screenshots if you like but there's no burning need to do so um and i've also provided the link on the slides themselves to uh one of the discussion documents that was prepared in the context of the open data academy um discussion paper on intellectual property rights in the context of dynamic data sharing so one of the topics that was the uh input for the session uh today okay um so having said that let's maybe briefly pause the thing about what is actually the context why are we talking about this and the reason why it's interesting to talk about intellectual property rights and dynamic data sharing right now is all about how the data economy is changing both in the market and in european policies in european legislation because there is a um thankfully as an and the way it's supposed to happen this is one of the situations where the legislation is very well uh aligned with um market trends and market uh shifts itself what you see in the market itself is that increasingly everything is made available as a service um that's you know the cloud paradigm started introducing that shift 10 years ago and nowadays everything has to be as a service software as a service was arguably where it started infrastructure as a service platform as a service nowadays also data as a service mobility as a service anything uh can and and according to some people should be available uh as a service in tandem with that we also see that there is increasingly a possibility to capture higher volumes of data more granular data better quality data and we can do more interesting things with that i'm sure many of us uh frequently watch the data being captured for instance in the context of covet 19 crisis you know where are there infections how is hospital occupations things like that that are very relevant and also a good example of why data sharing becomes important and what the role of the eu can be even on that point the european union does bundle information on the health status in different member states and uses it to provide guidance on you know where the risks are and moving across borders and what specific measures um apply obviously that's a negative example but positive examples of societal impacts can be given as well things like keeping track of pollution data that will help you track on whether we are meeting our environmental targets what still needs to be tightened up all of those are cases where more and more data is being collected supported by increasing digitization of the market the penetration of the internet of things and so forth the ability to collect more data and to share it more freely we also see more that more data is available and the more dynamically is accepted as accessible more you can get access to real life high quality data the more innovation you can get more easily you can disseminate knowledge and information to citizens to companies to public institutions so this is hugely beneficial from a societal perspective creates economic growth opportunities and results in better policy making the overall conclusion the overall conviction is data sharing is good
Thanks empaits your participation is very much appreciated
- Virgina Balzarini
About the author
I've studied philosophy of pain at Pomona College in Claremont and I am an expert in coastal geography. I usually feel blank. My previous job was writer /author I held this position for 24 years, I love talking about poker and geocaching. Huge fan of Emma Barton I practice balance beam and collect beanie babies.
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