PROBLEMS OF APPLYING THE RULES OF THE INSTITUTE OF INTELLECTUAL PROPERTY LAW TO BIG DATA RELATIONS

Аннотация

The relationship between Big Data and intellectual property rights is complex and multifaceted, at the heart of which lies the question of the right to own and use information. Traditional intellectual property rights mainly protect the results of creative activity (works, inventions, designs, etc.) and means of individualization (such as trademarks). Big Data, on the other hand, is often not a creative work, but a collection of facts, observation results, sensor data, and similar raw data. In legal doctrine, facts and information themselves are not considered property - in US law, for example, in the case of the Supreme Court's Feist v. Rural states that simple facts are not protected by copyright. Therefore, a large dataset itself (if it does not have an original structure in terms of copyright) cannot be a direct object of copyright