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Published on June 16, 2007

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Ownership of Data Intellectual Propertyand Plagiarism :  Ownership of Data Intellectual Property and Plagiarism Anwar Ali Siddiqui Associate Dean for Research Aga Khan University Ownership of Data:  Ownership of Data Definitions of Data :  Definitions of Data Data means information that is generated in or as a result of empirical research activities and recorded in any tangible or electronic medium, including laboratory notebooks and worksheets, memoranda, notes, medical records, clinical protocols, computer databases, computer images, and all other records. Slide4:  DATA SOURCES Owner ? Who is the real owner ?:  Who is the real owner ? The University The creator (PI, employee, student) Is it property or not? The debate is not new. To be treated as proprietary data, the data must have been created by the owner, been created for the owner, or been purchased from its creator. Who is the real owner ?:  Who is the real owner ? The data must be 'private' and not 'public' information. The ability and rights to control the reproduction and re-use of data will determine who can use the data and for what purpose. Data is the fuel of the information highway. Creators of data and their rights:  Creators of data and their rights Research data are created at the University by faculty, staff, students, fellows, scholars, and visiting scientists in the course of their scholarly activities and in conducting sponsored activities or works produced in certain University units University’s rights of ownership :  University’s rights of ownership The University may choose not to claim ownership rights if there is a specific condition to the contrary in the sponsored project's grant, contract, or cooperative agreement or if the activity is considered to be the unrestricted property of the author. The University is normally the owner of research data. The creators of the data, normally the Principal Investigators of research projects, are responsible for the collection, management and retention of research data. Employee as owner:  Employee as owner Research data generated while individuals are pursuing research, scholarly, or sponsored activities as faculty, staff, fellows, students or visiting scientists must be retained by the principal investigator for certain period after publication or submission of the final report.   Data generated or work created by an employee in the course of his / her employment is deemed to belong to the employer unless there is an agreement stating otherwise. However, the employee may have full access/ possession of the data. Students rights of ownership:  Students rights of ownership Students who submit work to the University (e.g. data sets, exams, tests, computer software, cases, projects, theses, dissertations, lab reports, cognate essays, research papers,etc.) which is eligible for copyright protection, and which is submitted as a requirement of an academic program, are entitled to sole copyright ownership. Works or parts of works created while hired (paid or unpaid) by a professor or a contracting agency are not owned by the student. Slide11:  Slide12:  Intellectual property surrounds us in nearly everything we do. At home, at school, at work. At rest and at play. No matter what we do, we are surrounded by the fruits of human creativity and invention. Intellectual property:  Intellectual property Refers to creations of the mind: Inventions and Discoveries Literary and Artistic works Computer programmes Symbols Images Designs Two categories of Intellectual Property :  Two categories of Intellectual Property Industrial property: inventions (patents), trademarks, industrial designs, and geographic indications of source Copyright: literary and artistic works such as books,research publications, poems and plays, films, musical works, artistic works such as drawings, paintings, Creative publications Intellectual property and traditional knowledge :  Intellectual property and traditional knowledge Food and agriculture Environment Conservation of biological diversity Health, including traditional medicines Human rights and Indigenous issues Cultural policy Aspects of trade and economic development Turmeric:  Turmeric Efforts of the CSIR India, have helped in getting an earlier patent granted to turmeric revoked. Basmati Case Study:  Basmati Case Study RiceTec Inc, was issued the Patent on Basmati rice lines and grains in 1997. Both India and Pakistan were going to lose out andgt;55,000 tons of US market. The World Intellectual Property Organization (WIPO)::  The World Intellectual Property Organization (WIPO): WIPO is one of the specialized agencies of the United Nations (UN) system of organizations. WIPO’s mandate is the promotion of the protection of intellectual property (IP) throughout the world through cooperation among States and, where appropriate, in collaboration with any other international organization. Slide19:  Some problems with intellectual property Intellectual property and public health:  Intellectual property and public health After a committed policy to contain the spread of the HIV/AIDS epidemic in Thailand, another challenge must now be faced: that of providing accessible anti-AIDS treatment to those infected. Even if the efficient domestic drugs industry could participate in meeting this challenge, recent modifications in the intellectual property rights system hinder the large-scale local production of generic drugs. Drugs as intellectual property:  Drugs as intellectual property The worldwide HIV–AIDS crisis is stretching a familiar Catch-22 for the pharmaceutical industry to enormous proportions. On the one hand, pharmaceutical investments in Randamp;D have produced lifesaving drugs that can make this once-fatal illness a manageable condition. On the other, the high cost of the drugs often exceeds a developing country’s ability to pay for them. Drugs as intellectual property:  Drugs as intellectual property At the heart of the controversy is the industry’s use of international patent law to protect its overseas markets. 'Patents enforce monopolies over drug distribution in developing countries and allow companies to charge whatever price they want,' Anne-Valerie Kaninda, medical adviser to the international aid organization Doctors Without Borders. Intellectual Property and Biological Information :  Intellectual Property and Biological Information US courts have ruled that genetic sequences can be patented, even when the sequences are found 'in nature,' so long as some artificial means are involved in isolating them. Companies race to take out patents on numerous genetic codes. In some cases, patents have been granted covering all transgenic forms of an entire species, such as soybeans or cotton (Mestel 1994). Slide24:  Intellectual property is fundamentally different from physical property, since the author of a poem can still enjoy it no matter how many other people have copies. Intellectual property is perhaps better not described as property at all and instead called 'monopoly privilege' (Boyle, 1996; Drahos, 1996; Martin, 1995; Vaver, 1996). Slide25:  Intellectual property--patents, copyrights, trademarks and trade secrets--is apparently designed to foster the creation of ideas by granting monopolies over their use. Technological impacts. Government protection of claims to intellectual property fosters investment in proprietary drugs, genetically engineered organisms, proprietary software. Slide26:  Patents and Design Act ………………..1911 Patents Ordinance ……………….2000 Trademark Ordinance ………………..2001 Industrial Design ordinance …………...2001 Copyright Ordinance, 1967 amended …2000 Plant variety protection…Under consideration Legislative profile PLAGIARISM:  PLAGIARISM Plagiarism:  Plagiarism Plagiarism is the systematic stealing of the: ideas, words, techniques, or data of others without appropriate acknowledgment. Plagiarism :  Plagiarism Word-for-word plagiarism When phrases or passages out of a published work without using quotation marks, without acknowledging the source, or both. Paraphrasing plagiarism When some of the words are changed, but not enough. Subtle plagirism When references to original sources are given without looking at them Brian Martin Plagiarism:  Research is never a solo flight. It is an activity that involves many people and presumes the accession to and the use of resources far beyond one's personal possessions. Plagiarism For that reason, research is not some 'do-it-in-a-corner' activity. It must be aired, laid out, inspected, and, in nearly every instance, approved by others. Plagiarism :  Plagiarism Word-for-word plagiarism When phrases or passages out of a published work without using quotation marks, without acknowledging the source, or both. Paraphrasing plagiarism When some of the words are changed, but not enough. Subtle plagirism When references to original sources are given without looking at them Brian Martin Slide32:  Purdue University Online Writing Lab Strategies of Awareness:  Strategies of Awareness Robert Harris Understand why people reproduce without acknowledging Economy Short time Inadequate writing abilities Pressure Educate your students about plagiarism :  Educate your students about plagiarism Most students do not know what plagiarism is. Discuss with students about plagiarism by showing them examples. Show them how to appropriately reference a document. Make them realize of the benefit of citing sources. Robert Harris How Not to Plagiarize ?:  How Not to Plagiarize ? Questions about ownership of ideas are not simple. Real challenge is establishing the relationship of your thinking to the reading you've done Slide36:  Plagiarism: a misplaced emphasis, Published in Journal of Information Ethics, Vol. 3, No. 2, Fall 1994, pp. 36-47 Margaret Proctor, Coordinator for Writing Support,University of Toronto for providing me the material used in this session Purdue University Online Writing Lab Acknowledgements

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