Open data and Earth observations

Abstract Earth observations (EO) represent a growing and valuable resource for many scientific, research and practical applications carried out by users around the world. Access to EO data for some applications or activities, like climate change research or emergency response activities, becomes indispensable for their success. However, often EO data or products made of them are (or are claimed to be) subject to intellectual property law protection and are licensed under specific conditions regarding access and use. Restrictive conditions on data use can be prohibitive for further work with the data. Global Earth Observation System of Systems (GEOSS) is an initiative led by the Group on Earth Observations (GEO) with the aim to provide coordinated, comprehensive, and sustained EO and information for making informed decisions in various areas beneficial to societies, their functioning and development. It seeks to share data with users world-wide with the fewest possible restrictions on their use by implementing GEOSS Data Sharing Principles adopted by GEO. The Principles proclaim full and open exchange of data shared within GEOSS, while recognizing relevant international instruments and national policies and legislation through which restrictions on the use of data may be imposed. The proposed paper focuses on the issue of the legal-interoperability of data that are shared with varying restrictions on use with the aim to explore the options of making data interoperable. The paper analyses legal protection regimes and their norms applicable to EO data. Based on the findings, it highlights the existing public law statutory, regulatory, and policy approaches, as well as private law instruments, such as waivers, licenses and contracts, that may be used to place the datasets in the public domain, or otherwise make them publicly available for use and re-use without restrictions. It uses GEOSS and the particular characteristics of it as a system to identify the ways to reconcile the vast possibilities it provides through sharing of data from various sources and jurisdictions on the one hand, and the restrictions on the use of the shared resources on the other. On a more general level the paper seeks to draw attention to the obstacles and potential regulatory solutions for sharing factual or research data for the purposes that go beyond research and education

Intellectual Property Management in Health and Agricultural Innovation: Executive Guide

Prepared by and for policy-makers, leaders of public sector research establishments, technology transfer professionals, licensing executives, and scientists, this online resource offers up-to-date information and strategies for utilizing the power of both intellectual property and the public domain. Emphasis is placed on advancing innovation in health and agriculture, though many of the principles outlined here are broadly applicable across technology fields. Eschewing ideological debates and general proclamations, the authors always keep their eye on the practical side of IP management. The site is based on a comprehensive Handbook and Executive Guide that provide substantive discussions and analysis of the opportunities awaiting anyone in the field who wants to put intellectual property to work. This multi-volume work contains 153 chapters on a full range of IP topics and over 50 case studies, composed by over 200 authors from North, South, East, and West. If you are a policymaker, a senior administrator, a technology transfer manager, or a scientist, we invite you to use the companion site guide available at http://www.iphandbook.org/index.html The site guide distills the key points of each IP topic covered by the Handbook into simple language and places it in the context of evolving best practices specific to your professional role within the overall picture of IP management

Inefficiencies in markets for intellectual property rights: experiences of academic and public research institutions

The formal use of such intellectual property rights (IPR) as patents and registered copyright by universities has increased steadily in the last two decades. Mainstream arguments, embedded in economic theory and policy, advocating the use of IPR to protect academic research results are based on the view that IPR marketplaces work well and allow universities to reap significant benefits. However, there is a lack of evidence-based research to justify or critically evaluate these claims. Building upon an original survey of 46 universities and public research organizations in the United Kingdom, this study analyses the quality of the institutions underpinning the markets for patents and copyright, investigating potential inefficiencies that could lead to underperformance of the IPR system. These include ‘IPR market failures’ with respect to search processes and transparency; price negotiation processes; uncertainties in the perception of the economic value of IRP and the relationship with R&D cost. Further sources of underperformance may include ‘institutional failures’ with respect to enforcement and regulation. Particular attention is paid to the role of governance forms (e.g. alternative types of licensing agreements) through which IPR exchanges take place. We find that a high share of universities report market failures in IPR transactions and that the choice of IPR governance forms matter for the obstacles that are encountered. Given the importance of widely disseminating university research outcomes to foster innovation and economic development, the presence of inefficiencies in IPR markets suggests that such objectives could best be achieved by encouraging open distribution of knowledge, rather than privatization of academic knowledge

Overcoming India’s Food Security Challenges: The Role of Intellectual Property Management and Technology Transfer Capacity Building

The growth of the Indian economy after Independence has had little impact on the food security of the country. The paper analyses the development of advanced crop varieties through the use of agricultural technologies (hereinafter agbiotech ) within the technology transfer system, a framework which comprises of the interactions of intellectual property rights law and agricultural research and development in India. Through this, the author argues that agricultural innovation in India is failing due to the absence of connections within the technology transfer system and advocates for the creation of a national program aimed at advancing IP and tech-transfer capacity in agbiotech

The state of Florida's estuaries and future needs in estuarine research: Part 2. an academic research agenda (review draft)

As a program supporting academic research that addresses recognized societal needs, the Florida Sea Grant Program is developing a research theme area on estuaries to provide a uniquely academic product that will augment mission-oriented research undertaken by government and by the private sector. This report is not a call for proposals. It does not prescribe a specific research plan. Rather, it is a concept paper designed to focus research on two broad "organizing themes": (1) the hydrology of Florida's estuaries, and (2) the impact of cyclic environmental variability on estuarine function. (46pp.

Keeping Up To Date with IP News Services and Blogs: Drowning in a Sea Of Sameness?

It seems like so many IP related Websites you visit invite you to join their free email list to keep you up to date. Sources span a wide spectrum including governmental organizations, non-governmental organizations, educational institutions, consulting services, law firms, commercial publishers and more. These sources span the spectrum from free, to low fee to premium pricing. With all of this information overload and choices, how do you differentiate and choose news sources? The goals of this article are twofold. Goal one is to present a survey of types and categories of IP news tools available to IP researchers. Since these tools change with time, goal two is to present strategies and approaches to consider when assembling your portfolio of news sources. I use the term researcher to include anyone looking for news, including lawyers, paraprofessionals, academics, students, corporate searchers and more. Some of this material may be yesterday\u27s news for some and breaking news for others. My hope is that you will find value added in some tools and strategies. Before I present the survey of tools, I want to propose some initial general strategies that might be helpful to apply as the detail of the tools unfold

Public sector information and re-use – where is the UK now?

Information produced by government does of course serve a number of purposes. First it should inform government so as to generate sound policy decisions and effective strategies. Second, through a variety of media, it should provide the general public with information to enable individuals to engage with government services and to deliver personal data that they are obliged to provide. Access to a wide variety of public sector information (PSI) is also important to enable individuals to manage their lives, operate their businesses or help make political decisions about which party to support at an election. But in the midst of such uses is the asset itself i.e. PSI and the policy for its creation, storage, management, exploitation and distribution. As a national resource one issue is whether it is a commodity to be shared freely or, in those circumstances where income can be derived from it, a product to be licensed and sold to offset public sector costs? In the UK this has been under debate for many years through analysis of Crown copyright regulation. Current policy, as interpreted by HM Treasury, continues to argue that those wishing to exploit or add value to PSI for commercial purposes should at least contribute something to the cost of its supply. Joint ventures with the private sector have also been entered into for the preparation and distribution of some PSI where the private sector service provider is permitted to recoup subscriptions in return for the investment. Until recently this has been a relatively sterile debate lacking data to fuel the arguments. That has changed as a result of recent investigations which this paper now explores. At issue is whether present policy is vindicated or alternatively whether pressure is growing for further modernisation of conventional approaches? This paper traces the process of development of the policy through to the present