This paper analyzes some key elements related to GBIF and intellectual property rights. This paper has been used later as a base for discussions, recommendations by work groups and specific actions by GBIF.
The paper ‘An analysis of the implications of intellectual property rights (IPR) on the Global Biodiversity Information Facility (GBIF)’ identifies and analyses some of the key elements of GBIF’s situation within the evolving IPR universe. It identifies the tensions between the needs of science for the free flows of data and information and the IPR considerations of private interests with regards to this same data and information. Ultimately, for science to continue building and progressing, flow of data and information must not be restricted or conditioned. Furthermore, conservation of biodiversity must also be linked to sound policy making, which in turn, requires solid scientific foundations to which information and data networks significantly contribute.
The paper also provides some indications about international IPR trends, and how GBIF may adjust its operations – without compromising its mission – to fully comply with this new policy and legal paradigms. Very simply, GBIF will facilitate access to and use of biodiversity data and information with due recognition of ownership (if applicable to specific cases) and will seek to ensure that (as far as practically possible) data users respect these rights and utilise data and information accordingly. Institutional IPR policies of GBIF’s, Data Sharing Agreements and Data Use Agreements will provide with the overall framework and operational tools to data ownership concerns and interests.
Ruíz Muller, M. (2004) An analysis of the implications of intellectual property rights (IPR) on the Global Biodiversity Information Facility (GBIF). 47 pp. Available online at http://dlc.dlib.indiana.edu/dlc/handle/10535/3831.
Ruíz Muller, M.