A Conceptual Framework for Protecting Value of Informational Products Through Unjust Enrichment Law

Australian Bar Review, Vol. 16, No. 3, 1998

Posted: 11 Nov 1998  

Leif Gamertsfelder

Deacons Graham & James

Brian Fitzgerald

Southern Cross University

Abstract

The aim of this article is to demonstrate the utility in jurisdictions such as Australia of the unjust enrichment mechanism for protecting against the unauthorised taking of value from intangibles such as databases; especially in contexts where protection under regimes such copyright or breach of confidence is unavailable.

The article suggests that unjust enrichment is a flexible doctrine based on similar principles to those that inform unfair competition (particularly the law relating to misappropriation) in the US, and that it could be used as an adjunct to established intellectual property regimes in jursidictions that recognise unjust enrichment law to protect investment in valuable intangibles. This protection needs to be available given the importance of information products in the next digital age.

JEL Classification: K19

Suggested Citation

Gamertsfelder, Leif and Fitzgerald, Brian, A Conceptual Framework for Protecting Value of Informational Products Through Unjust Enrichment Law. Australian Bar Review, Vol. 16, No. 3, 1998. Available at SSRN: https://ssrn.com/abstract=137500

Leif Gamertsfelder (Contact Author)

Deacons Graham & James ( email )

Level 20 Riverside Centre
123 Eagle Street
Brisbane Qld 4000
(07) 3309 0888 (Phone)
(07) 3309 0999 (Fax)

Brian Fitzgerald

Southern Cross University ( email )

PO Box 157
Lismore, New South Wales, 2480
Australia
61 2 66 203109 (Phone)
61 2 6622 4167 (Fax)

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