In continuation from our recent publication "Where Data meets IP", this publication will discuss the protection of business data in a commercial context. One of the most common ways to protect business data in a commercial context is through license agreements that impose contractual controls on the scope of protection of such data, as well as any related or derived data that may come into existence through its use and processing throughout the commercial relationship.
The creation of new data derived from a licensor’s business data may result in a substitute to, and/or reduce the market for its products or services. Therefore, it is important for licensors to clearly set out terms relating to derivative data in order to protect the licensor’s rights or control over such data and maintain its commercial value. From a licensee’s perspective, it is also important to ensure the rights granted in a license agreement appropriately address the licensee’s intended use of the data. As such, there are several terms in license agreements that may be heavily negotiated. The following are some non-exhaustive practical tips that businesses transacting with data should consider when licensing their data to third parties.
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