Incentives for Data Sharing as a Case on (Regulating) Knowledge Externalities in: A Critical Mind. Hanns Ullrich’s Footprint in Internal Market Law, Antitrust and Intellectual Property (MPI Studies on Intellectual Property and Competition Law, 30), Springer, Berlin 2023, 407 - 439.
This contribution reflects on the question posed by Professor Hanns Ullrich: Which concepts and principles of intellectual property law inform the design of a regulatory framework for the data economy? Even though data and knowledge do not lend themselves to form a perfect analogy, their governance underlies the same dilemma of whether, and to what extent, resources that are non-rivalrous in use should be treated as excludable or a non-excludable economic goods. The analysis focuses on the ‘access-incentives stalemate’ over device-generated data and takes recourse to literature on economics of knowledge and innovation in search of guidance as to how the trade-off between the broad accessibility of data and the protection of innovation incentives should be resolved.
