GBIF Memorandum of Understanding - Paragraph 8
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 an open-access facility. All users, whether GBIF Participants or others, should have equal access to data in databases affiliated with or developed by GBIF.
3. Intellectual Property Rights to Biodiversity Data
GBIF promotes the free dissemination of biodiversity data and, in particular:
a. should not assert any proprietary rights to 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 make freely and openly available, with the least possible restrictions on reuse, any data commissioned, created or developed directly by GBIF; and
c. should respect conditions set by Data Publishers 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 not be subject to limitations on the further non-commercial use and dissemination of those data, apart from due attribution of their source.
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 right 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 as for the suitability of its application for any particular purpose.
7. Legitimacy of Data Collection
Where the collection of new data has entailed access to biodiversity resources, GBIF should ask for reasonable assurances from the Data Publisher 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, on mutually agreed terms, to research institutions, particularly in developing countries, of such informatics technology as it has available, especially in conjunction with training and capacity development programs.