Tag Archives: Intellectual Property

Sharing Research Data and Intellectual Property Law: A Primer

Sharing research data by depositing it in connection with a published article or otherwise making data publicly available sometimes raises intellectual property questions in the minds of depositing researchers, their employers, their funders, and other researchers who seek to reuse research data. In this context or in the drafting of data management plans, common questions are (1) what are the legal rights in data; (2) who has these rights; and (3) how does one with these rights use them to share data in a way that permits or encourages productive downstream uses? Leaving to the side privacy and national security laws that regulate sharing certain types of data, this Perspective explains how to work through the general intellectual property and contractual issues for all research data.

URL : Sharing Research Data and Intellectual Property Law: A Primer

DOI : 10.1371/journal.pbio.1002235

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2 septembre 2015 · 18 h 53 min

Legal Aspects of Open Access to Publicly Funded Research

Internet growth, content digitisation, and expanding “big data” and data analytics capabilities have affected the ways in which publicly funded research results are accessed, disseminated and used. While these technological advances have made sharing and processing information easier, that does not change the fact that the information may be protected by IP laws.

Open access efforts, which aim to make the outputs of publicly funded research more widely accessible in digital formats, therefore raise a number of IP policy questions. To explain the interplay between open access and IP laws, this chapter provides an overview of the IP regimes that protect research outputs in a sample of OECD jurisdictions. It then reviews the open access policies that are in place in some of those jurisdictions and examines two contexts in which IP questions can arise when open access principles are applied: public/private partnerships and text and data mining.

URL : Legal Aspects of Open Access to Publicly Funded Research

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26 août 2015 · 19 h 35 min

Access to Knowledge in India New Research on…

Access to Knowledge in India: New Research on Intellectual Property, Innovation & Development :

« This is the third volume in our Access to Knowledge series. India is a $1 trillion economy which nevertheless struggles with a very high poverty rate and very low access to knowledge for almost seventy percent of its population which lives in rural areas.

This volume features four parts on current issues facing intellectual property, development policy (especially rural development policy) and associated innovation, from the Indian perspective. Each chapter is authored by scholars taking an interdisciplinary approach and affiliated to Indian or American universities and Indian think-tanks. Each examines a policy area that significantly impacts access to knowledge. These include information and communications technology for development; the Indian digital divide; networking rural areas; copyright and comparative business models in music; free and open source software; patent reform and access to medicines; the role of the Indian government in promoting access to knowledge internationally and domestically. »

URL : http://dx.doi.org/10.5040/9781849665568

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13 août 2012 · 17 h 20 min

Making Intellectual Property Work for Global Health …

Making Intellectual Property Work for Global Health :

« Intellectual property rights (IPRs) are often conceived narrowly from the vantage point of offering incentives for private sector investment in research and development (R&D), but the legal regime of IPRs can also work to improve access to public goods for global health, particularly for those disadvantaged by destitution and disease. The WHO Global Strategy and Plan of Action on Public Health, Innovation and Intellectual Property (GSPOA), adopted by the World Health Assembly in 2008, calls for an “enhanced and sustainable basis for needs-driven, essential health research and development relevant to diseases that disproportionately affect developing countries.” How knowledge is generated, owned, and harnessed to support pro-poor development is at the heart of this effort. New approaches to tiering, pooling, and open-source collaboration have resulted from the struggle to deliver affordable treatments for AIDS and neglected diseases. In examining how intellectual property rights can most effectively and strategically support developing countries in implementing this ambitious and potentially catalytic agenda in enabling innovation for global health, this paper seeks to outline a coherent and strategic approach to address human development needs and to facilitate the harnessing of innovation and the sharing of knowledge for global health. »

URL : http://www.harvardilj.org/wp-content/uploads/2012/02/HILJ-Online_53_SoSachs.pdf

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Privacy and Intellectual Property on the Web A…

Privacy and Intellectual Property on the Web: A Model for LIIs Open Source Publications :

« We are proposing an Open Access model for Legal Information Institutes (LIIs) publications in three steps: Accredited Public Archival (APA), Comment-Open Publication (COP) and Peer-Reviewed Publication (PRP). This raises some ethical and legal issues on privacy and intellectual property which cannot be ignored. We would like to foster dialogue and discussion as the unique means to create an interactive framework among research communities, IILs and users. »

URL : http://www.hklii.hk/conference/paper/2B4.pdf

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