Public and private regulatory issues associated with thoroughbred racing data

Abstract

This paper explores the public and private regulatory reforms that have occurred over the last decade in relation to the use of thoroughbred racing data by wagering operators in Australia. It specifically reviews the importance of race data for wagering operators, the underlying legal principles that determine the nature and extent of operators' access to race data, how these rights have been tested, and the operation of the regulatory systems in respect to race field data in various Australian jurisdictions, including some comparisons with international examples. The paper concludes with a discussion of possible future challenges for both public and private regulators in this area.

Keywords:

• thoroughbred racing
• intellectual property rights
• private regulation
• public regulation