INTA Data Committee
INTA Data Protection CommitteeReport: 2024/25 TermTools: 2026/27 Term

Data as an IP Asset — Interactive Tools

Practical tools built on the findings of the Data as an IP Asset Part II report by the INTA Data Protection Committee (2024/25 term). The 2026/27 committee continues to build on this foundation. No jurisdiction currently treats data as a standalone IP right — protection arises through a patchwork of copyright, trade secrets, contracts, and more. These tools help brand owners and practitioners navigate that complexity.

About the Report

The Data as an IP Asset Part II report surveyed 11 jurisdictions (Australia, Brazil, Canada, China, EU, India, Kenya, Mexico, Nigeria, UK, United States) and analyzed 6 protection mechanisms: copyright, trade secrets, sui generis database rights, contracts, unfair competition, and publicity/privacy rights.

Key finding: legal frameworks governing data as an IP asset are fragmented across jurisdictions. No single mechanism fully resolves the tension between incentivizing data investment and maintaining openness and fairness. Private contractual arrangements remain the most reliable current protection strategy.

Published by the International Trademark Association (INTA).

Acknowledgements

We gratefully acknowledge all contributors to both the Part I (2023) and Part II (2024/25) reports on Data as an IP Asset.

Data as an IP Asset — Part II (2024/25)

INTA Data Protection Committee, Best Practices Subcommittee

Chair
Nicola Benz (MLL Legal, Switzerland)
Subcommittee Chairs
Stephanie O. Sparks (Hoge Fenton, United States); Nicole Foga (Foga Daley, Jamaica)
INTA Staff Liaisons
Lori Schulman; Erica Vaccarello
Committee Member Contributors
Data as an IP Asset — Part I (November 2023)

INTA Data Protection Committee, Data Assets Subcommittee and Education & Awareness Subcommittee

INTA Liaisons
Lori Schulman; Erica Vaccarello