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Annex
Guiding Principles Regarding Intellectual Property Rights
Excerpts from the GBIF Memorandum of Understanding (MOU)
1. Applicable Law
Nothing in this MOU should be read to alter the scope and application
of Intellectual Property Rights and benefit sharing agreements as
determined under relevant laws, regulations and international
agreements of the Participants.
2. Access to Data
To the greatest extent possible, GBIF is foreseen as an open-access
facility. All users, whether GBIF Participants or others, ought to have
equal access to data in databases affiliated with or developed by GBIF.
3. Intellectual Property Rights to Biodiversity
Data
GBIF should encourage the free dissemination of biodiversity data and,
in particular:
(a) should not assert any Intellectual Property
Rights in the data in databases that are developed by other
organisations and that subsequently become affiliated to GBIF;
(b) should seek, to the greatest extent possible, to
place in the public domain any data commissioned, created or developed
by GBIF; and
(c) should respect conditions set by data providers
that affiliate their databases to GBIF.
When establishing affiliations or linkages with other databases, GBIF
should seek to ensure that the data so made available will, in effect,
be in the public domain, and will not be subject to limitations on its
further non-commercial use and dissemination, apart from due
attribution.
4. Attribution
GBIF should seek to ensure that the source of data is acknowledged and
should request that such attribution be maintained in any subsequent
use of the data.
5. Access to Specific Data
Nothing in this MOU should be read to restrict the rights of owners of
databases affiliated with GBIF to block access to any data.
6. Validity of Data
It should be a condition of access to and use of GBIF that users
acknowledge that the validity of the data in any databases affiliated
with GBIF cannot be assured. GBIF should disclaim responsibility for
the accuracy and reliability of the data as well for the suitability of
its applications for any particular purpose.
7. Legitimacy of Data Collection
Where the collection of new data has entailed access to biodiversity
resources, GBIF should ask reasonable assurances from the data holder
that such access was consistent with applicable laws, regulations and
any relevant requirements for prior informed consent.
8. Intellectual Property Rights to Biodiversity
Tools
GBIF may claim appropriate Intellectual Property Rights available
within applicable national jurisdictions over any tools, such as search
engines or other software products, that are developed by GBIF while
carrying out the GBIF Work Programme.
9. Technology Transfer
The Participants acknowledge that, subject to any relevant Intellectual
Property Rights, GBIF should seek to promote the non-exclusive transfer
to research institutions in developing countries of such information
technology as it has available, especially in conjunction with training
and capacity development programs.
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