Monetization as a right: a new-legal economic paradigm under FRAND principles

Abstract

Data is vital to the modern worldwide economy functioning. Data is produced by people and by machines owned by people. Data gets collected and processed, hence used (exploited and monetized) by the industry in a proportion of 100% and above as data is an infinite resource which can be used and reused indefinitely. This property creates a disproportionate advantage for those which are equipped with advanced, integrated powerful processing capabilities, storage space and efficient algorithms to extract information from large dataset. Against this background, this contribution explores the role that FRAND principle can play to address the information asymmetry arising between businesses and individuals in the gathering of data.