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Intellectual Property Rights (IPR)

IPR

Intellectual Property Rights (IPR) are legal rights that protect creations and/or inventions resulting from intellectual activity in the industrial, scientific, literary, or artistic field. The most common IPRs include patents, copyrights, trademarks, and trade secrets. 

When a study group decides that it is technically prudent to incorporate an entity's intellectual property into the text of an ITU-T Recommendation, many issues arise that vary depending on the nature of the intellectual property.

When the included intellectual property is protected by an approved or pending patent, the Study Group has to comply with the  ITU-T, ITU-R, ISO/IEC Common Patent Policy ​and  the “ITU-T, ITU-R, ISO/IEC Common Patent Policy Enforcement Guidelines .”

Alternatively, the ITU Software Copyright Guidelines provide guidance to a study group at the time of incorporating copyrighted material into ITU-R and ITU-T Recommendations ITU-T Guidelines on the use of trademarks in ITU-T Recommendations provide guidance to ITU-T Study Groups in their consideration of the use of trademarks, service marks, and certification marks in ITU-T Recommendations and on measures to be adapted in should a Study Commission decide to refer to any of these marks.​​

Intellectual Property Rights: How To Copyright A Name?

Research data management

Intellectual Property Rights

Intellectual Property Rights (IPR) can be defined as rights acquired over any work created or invented with the intellectual effort of an individual.

The most common types of IPR include copyrights, patents, trademarks, geographical indications, industrial design rights, integrated circuits and graphic designs, and confidential information (trade secrets).

Under copyright law, owners have certain exclusive rights, such as:

  • the ability to:

Publish in various marketplaces or assign that right to another

Authorize the manufacture and distribution of inventions

Sue in case of illegal or deceptive copy

  • moral rights (which are waivable but not assignable)

As a researcher, you need to clarify who has primary ownership of the data, and whose rights should be considered when making decisions about data management and dissemination (such as donors, your institution, research subjects, collaborators, publishers, etc.). the public). Ownership and rights will determine how data can be managed in the future, so these should be documented at the beginning of a project, through data management planning.

Establishing who has legal rights to your data and whether you have rights to use the data of others may not be an easy task. Laws in different jurisdictions treat data differently as well.

freedom of information

Refers to a body of legislation that establishes the right of the public, or individuals in the public, to have access to information from public bodies.

It is an integral part of the fundamental right to freedom of expression, recognized by Resolution 59 of the United Nations General Assembly, approved in 1946, as well as by Article 19 of the Universal Declaration of Human Rights (1948), which provides that The The fundamental right to freedom of expression includes the right to “investigate and receive information and opinions, and to disseminate them, without limiting borders, by any means of expression.”

Freedom of information legislation reflects the fundamental premise that all information held by governments and government institutions is, in principle, public and can only be withheld if there are legitimate reasons not to disclose it, such as privacy. and security. In recent years, the right to information has been recognized by an increasing number of countries, through the adoption of a large number of freedom of information laws.

In Latin America, for example,

both Peru and Argentina have enacted laws that are changing the way in which institutions, researchers, and researchers manage their data. The new legal norms set requirements for individuals and organizations whose research has been financed through public funds. In both cases, this has led to the development of an infrastructure that allows data to be managed and shared: the National System of Digital Repositories in Argentina and the National Digital Repository of Science, Technology, and Innovation, ALICIA, in Peru. On the other hand, in Mexico,

a decree issued in 2014 introduced significant changes to the Science and Technology Law of 2002 in order to promote and democratize access to scientific information, providing for the creation of a National Repository that, among other characteristics, could store research data.

It is expected that these regulations will allow the advancement of the GDI in these countries and lead to the development of standards, policies, and guides that support its implementation process.

 

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