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
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: Suggested Citation