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From the magazine SZW-RSDA 4/2020 | p. 365-392 The following page is 365

Entreprises et Big Data: peut-on forcer les entreprises à partager leurs données non-personnelles (par des licences obligatoires ou des licences „FRAND“)?

In the digital age where big data is of key value, companies generate a massive amount of data and make intensive use of data. Given that companies may depend on the access to non-personal data (industrial data) held by other companies to remain competitive, the question arises as to whether companies should be forced to share their non-personal data with each other (B2B data sharing) on the basis of compulsory licensing or FRAND (Fair, Reasonable and Non-Discriminatory) licensing mechanisms. This article (which is based on an expert report drafted by the author for the Swiss Federal Institute of Intellectual Property) examines this issue under Swiss law (in the light of foreign developments specifically those taking place in the European Union which – obviously – play a key role in Switzerland). This article concludes that the compulsory licensing and the FRAND licensing mechanisms do not constitute adequate models for the creation of a non-voluntary sharing mechanism for non…

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