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
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
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
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
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
Intellectual Property’s Great Fallacy :
« Intellectual property law has long been justified on the belief that external incentives are necessary to get people to produce artistic works and technological innovations that are easily copied. This Essay argues that this foundational premise of the economic theory of intellectual property is wrong. Using recent advances in behavioral economics, psychology, and business-management studies, it is now possible to show that there are natural and intrinsic motivations that will cause technology and the arts to flourish even in the absence of externally supplied rewards, such as copyrights and patents. »
URL : http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1746343
Access to knowledge in the age of intellectual property :
« The end of the twentieth century saw an explosive intrusion of intellectual property law into everyday life. Expansive copyright laws have been used to attack new forms of sharing and remixing facilitated by the Internet. International laws extending the patent rights of pharmaceutical companies have threatened the lives of millions of people around the world living with HIV/AIDS. For decades, governments have tightened the grip of intellectual property law at the bidding of information industries. Recently, a multitude of groups around the world have emerged to challenge this wave of enclosure with a new counterpolitics of “access to knowledge” or “A2K.”
They include software programmers who take to the streets to attack software patents, AIDS activists who fight for generic medicines in poor countries, subsistence farmers who defend their right to food security and seeds, and college students who have created a new “free culture” movement to defend the digital commons. In this volume, Gaëlle Krikorian and Amy Kapczynski have created the first anthology of the A2K movement, mapping this emerging field of activism as a series of historical moments, strategies, and concepts.
Intellectual property law has become not only a site of new forms of transnational activism, but also a locus for profound new debates and struggles over politics, economics, and freedom. This collection vividly brings these debates into view and makes the terms of intellectual property law legible in their political implications around the world. »
URL : http://www.zonebooks.org/pdf/ZoneBooks_A2K_.pdf