Data Portability Rights versus IP – Part I

Author: Simon Geiregat (Ghent University)
Published: 28.09.2022
© Simon Geiregat 2022 Data portability rights are hot in EU legislation. Although these rights are doomed to create conflicts with copyright, neighbouring rights and the sui generis right in databases, their relation to IP has largely remained unaddressed for now. The recent signing of the Digital Markets Act and the ongoing negotiations on the proposal for a Data Act present excellent opportunities to expand on the novel phenomenon. What is portability in the first place, and what does it mean in European law? Second, what do portability rights mean for IP? Leaning on the findings from two freely available…