IDEAS home Printed from
MyIDEAS: Log in (now much improved!) to save this article

La privatisation de l'information par la propriété intellectuelle

Listed author(s):
  • Michel Vivant
Registered author(s):

    This paper deals with the seeming paradox that intellectual property is not meant to allow full and direct appropriation of information, this being a « message » aimed at communication, but only to in some way reserve its exclusive use for specific purposes while maintaining free communication to and by others (the basis being the form/content dichotomy in copyright law, and the disclosure requirement in patent law respectively). Contract law may reach further, but only inter partes; intellectual property may be and frequently is stretched so as to enable the owner to control the information itself. In addition, the limits of intellectual property may be circumvented with a view to directly privatise otherwise information non subject to protection. This may be the effect of remedies of unfair competition law aimed at acts of misappropriation of knowledge, or of technical protection measures, and this is also the case of “borderline” protection of databases by a sui generis right. The law in these respects is, like information itself, of a certain fluidity, which possibly it would not be wise to consolidate too strictly.

    If you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.

    File URL:
    Download Restriction: free

    File URL:
    Download Restriction: free

    Article provided by De Boeck Université in its journal Revue internationale de droit économique.

    Volume (Year): t. XX, 4 (2006)
    Issue (Month): 4 ()
    Pages: 361-388

    in new window

    Handle: RePEc:cai:riddbu:ride_204_0361
    Contact details of provider: Web page:

    No references listed on IDEAS
    You can help add them by filling out this form.

    This item is not listed on Wikipedia, on a reading list or among the top items on IDEAS.

    When requesting a correction, please mention this item's handle: RePEc:cai:riddbu:ride_204_0361. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Jean-Baptiste de Vathaire)

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If references are entirely missing, you can add them using this form.

    If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    This information is provided to you by IDEAS at the Research Division of the Federal Reserve Bank of St. Louis using RePEc data.