The Sharing Research Data And Intellectual Property Law ...

Review and Reflection Paper in Reaction to: Sharing Research Data and Intellectual Property Law: A Primer, by Carroll MW (2015) Background Publishing research data in articles could make it available for public to access. In this article, the authors have discussed about sharing the research data by letting public access it leads to a challenge of reusing the data. There are various questions that might arise in the researchers’ minds including queries about the legal rights, the owner of the rights, and rights for permission to share the data that leads to productive utilization of the data. Introduction Any researcher seeking to use another’s data will be happy if the data is publicly available with reuse permission granted by the source of the data (the researcher or repository). However, it seems like that happiness may not persist long because there are possibilities that some third party might claim any intellectual property or other legal rights on the original data. Such lack of knowledge or legal uncertainty disturbs the use of published research data in a productive manner. I agree with the author that the law makes all these more complicated that it worth. The author mention that the source of all intellectual property rights is national law, firstly and then certain international treaties harmonize the intellectual property rights of an owner but not by country. For instance, the authors stated that the members of the European Union, have a specialized database