IP-Recht

Controlling Data in Networked Research

Matěj Myška

Michal Koščík

Category:

Articles

Region:

Czech Republic

Field of law:

IP Law

Collection:

Conference Proceedings IRIS 2016

Citation: Matěj Myška / Michal Koščík, Controlling Data in Networked Research, in: Jusletter IT IRIS

Without considering other issues related with research (processing of personal data, security issues) this paper discusses intellectual property questions related to joint ownership of data and databases that are created as a result of research cooperation or re-utilization of previous research results in networked international research teams. In particular who is actually entitled to control such data and databases, claim provenance and reap profits from their use. We discuss these issues in three modes of networked international cooperation of researchers.

Table of contents

1. Introduction
2. Protecting research data collections
- 2.1. Copyright protection
- 2.2. Sui generis rights protection
- 2.3. Overlap of sui generis rights and copyright protection
3. Multiplicity of rightholders
- 3.1. Copyright
- 3.2. Sui generis rights
4. Case studies
- 4.1. The first scenario – Cooperation from the beginning
- 4.2. The second scenario – Merging databases
- 4.3. The third scenario
5. Summary and further work
6. References

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