open access

Vol 70, No 4 (2020)
Varia
Get Citation

Protection and ownership of research results

Justyna Ożegalska-Trybalska
DOI: 10.5603/NJO.2020.0034
·
Nowotwory. Journal of Oncology 2020;70(4):163-166.

open access

Vol 70, No 4 (2020)
Varia

Abstract

Introduction.This article aims to present the rules concerning the protection and ownership of the results of scientific research and development works and related know-how, including those jointly generated in multicentre research projects. Material and methods.The analysis focuses on the identification of types of medical research results and the possibility of protecting them under intellectual property law, including copyright, patent and unfair competition law. It also con­siders regulations providing provisions on the ownership and commercialisation of R&D results acquired under research programmes, projects and sponsored research, including clinical trials.

Results.The lack of protection of research results as such by intellectual property rights, the different nature of those results, as well as potential conflicts of interests that arise from the exploitation of data which has both scientific and market value, may in practice cause problems in regard to who is entitled to them and what are the rules for their use and publication. Situations of conflict may arise at the interface between the interests of the different actors involved in conducting and financing research (researchers, research centres, sponsors).

Conclusion.Effective management of research and development results requires identification of the appropriate regime (statutory, project or contractual) under which they were obtained and are going to be exploited. Although the rules in force for the acquisition of rights can only be modified contractually to a certain extent, it is strongly recommended to supplement them with detailed contractual provisions specifying the rules for the co-ownership of results, the rights and obligations of the entities involved in the research, as well as ensuring confidentiality and restrictions on their disclosure with and/or without the consent of co-authors and sponsors financing research.

Abstract

Introduction.This article aims to present the rules concerning the protection and ownership of the results of scientific research and development works and related know-how, including those jointly generated in multicentre research projects. Material and methods.The analysis focuses on the identification of types of medical research results and the possibility of protecting them under intellectual property law, including copyright, patent and unfair competition law. It also con­siders regulations providing provisions on the ownership and commercialisation of R&D results acquired under research programmes, projects and sponsored research, including clinical trials.

Results.The lack of protection of research results as such by intellectual property rights, the different nature of those results, as well as potential conflicts of interests that arise from the exploitation of data which has both scientific and market value, may in practice cause problems in regard to who is entitled to them and what are the rules for their use and publication. Situations of conflict may arise at the interface between the interests of the different actors involved in conducting and financing research (researchers, research centres, sponsors).

Conclusion.Effective management of research and development results requires identification of the appropriate regime (statutory, project or contractual) under which they were obtained and are going to be exploited. Although the rules in force for the acquisition of rights can only be modified contractually to a certain extent, it is strongly recommended to supplement them with detailed contractual provisions specifying the rules for the co-ownership of results, the rights and obligations of the entities involved in the research, as well as ensuring confidentiality and restrictions on their disclosure with and/or without the consent of co-authors and sponsors financing research.

Get Citation

Keywords

protection of research results; ownership of research results, joint research; clinical trials; confidentiality of research results

About this article
Title

Protection and ownership of research results

Journal

Nowotwory. Journal of Oncology

Issue

Vol 70, No 4 (2020)

Pages

163-166

DOI

10.5603/NJO.2020.0034

Bibliographic record

Nowotwory. Journal of Oncology 2020;70(4):163-166.

Keywords

protection of research results
ownership of research results
joint research
clinical trials
confidentiality of research results

Authors

Justyna Ożegalska-Trybalska

Important: This website uses cookies. More >>

The cookies allow us to identify your computer and find out details about your last visit. They remembering whether you've visited the site before, so that you remain logged in - or to help us work out how many new website visitors we get each month. Most internet browsers accept cookies automatically, but you can change the settings of your browser to erase cookies or prevent automatic acceptance if you prefer.

Wydawcą serwisu jest VM Media sp. z o.o. VM Group sp.k., ul. Świętokrzyska 73, 80–180 Gdańsk

tel.:+48 58 320 94 94, faks:+48 58 320 94 60, e-mail: viamedica@viamedica.pl