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Proprietary data: Difference between revisions
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*'''Raw data''': Unimproved raw data which didn't involve any creative work and isn’t able to be copyrighted or patented, but which nonetheless the client is hotly keen on keeping a lid on (its own client lists, its trading data, its internal economic performanace data and so on). | *'''Raw data''': Unimproved raw data which didn't involve any creative work and isn’t able to be copyrighted or patented, but which nonetheless the client is hotly keen on keeping a lid on (its own client lists, its trading data, its internal economic performanace data and so on). | ||
[[Intellectual property]] is legally protected in itself and without the need for a {{tag|contract}}: {{tag|copyright}} arises automatically on creation; patents and trademarks when registered, and an intellectual property holder can enforce its rights against the world without having to prove any agreement. Nonetheless, a [[counterparty]] might want to reinforce its general [[intellectual property]] rights with a contract. Intellectual property rights expire, and only protect certain things (and don't stop you passing on something that has been legitimately provided to you). | [[Intellectual property]] is legally protected in itself and without the need for a {{tag|contract}}: {{tag|copyright}} arises automatically on creation; patents and trademarks when registered, and an intellectual property holder can enforce its rights against the world without having to prove any agreement. Nonetheless, a [[counterparty]] might want to reinforce its general [[intellectual property]] rights with a contract, though that is usually quite fussy. [[Intellectual property]] rights expire — for good reason, and usually far later than they should, in this old bugger’s opinion — and only protect certain things (and don't stop you passing on something that has been legitimately provided to you). | ||
Confidentiality obligations are more comprehensive in some ways and the measure of | |||
Confidentiality obligations are more comprehensive in some ways and the measure of compensations for breach is quite different. Your remedy for a copyright infringement is an account for profits. Your remedy for breach of confidentiality is damages. | |||
Both tend to be hard to make out where the material infringed is not commercially sensitive. | |||
{{Sa}} | {{Sa}} | ||
*[[Copyright vs. confidence]]. | *[[Copyright vs. confidence]]. | ||