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Research Data Management Toolkit: Intellectual Property

Best practices in Research Data Management promote research integrity and collaborative opportunities. A Data Management Plan ensures data security, accessibility and validation of results.

Ownership and Intellectual Property

It is imperative that the ownership of research data is clarified prior to the commencement of a project. Future storage and reuse are directly affected by the intellectual property rights of research data.

Data ownership should be documented via a Research Data Management Plan.

Ownership is affected by:

  • the commercial potential of the research data;
  • whether the research data is acquired through organisational collaborations;
  • project funding agreements;
  • researcher status (Intellectual property regulations apply to all UWA researchers with notable differences between research staff and research students); and
  • whether UWA-owned or third-party data has been utilised during the conduct of research.

Best Practice in Research Data Management is outlined within the Australian Code for the Responsible Conduct of Research.

How to Protect Intellectual Property

Intellectual Property Rights (IPRs) permit researchers to control the use of their research data. IPRs such as copyright could ensue automatically as data is being accrued whereas others may require patents depending on the research.

Best Practices in Intellectual Property Management

The National Principles of Intellectual Property Management for Publicly Funded Research provides "access to best practices for the identification, protection and management of intellectual property, and therefore... [maximises] the national benefits and returns from public investment in research."

This document was created by The Australian Research Council (ARC),The Australian Tertiary Institutions Commercial Companies Association (ATICCA), Universities Australia (Formerly AVCC), The Department of Education, Training and Youth Affairs (DETYA), The Department of Industry, Science and Resources (DISR), IP Australia and The National Health and Medical Research Council (NHMRC).

Intellectual Property Rights

A selection of rights for the protection and exploitation of intellectual property have been sourced from the document National Principles of Intellectual Property Management for Publicly Funded Research and are listed below. Please mouse-over the boxes for further explanation.

Intellectual Property Rights Trade Secret Patent Copyright Trademark Design Circuit Layout Right Plant Breeder's Right

Data Licencing

AusGOAL

The Australian Governments Open Access and Licensing Framework (AusGOAL), formerly the Government Information Licensing Framework (GILF), enables data creators to make appropriate licencing decisions  for data re-use by the wider community. It is the preferred policy and licensing suite for Australian Government data.  The licences can be used by anyone.  AusGOAL is now officially being extended into the research and innovation sector.


Licencing Reviews

Data creators can determine the most appropriate licence for their data by completing a licencing review. A review identifies:

  1. The data which is to be licenced;
  2. Restrictions which apply to any original conent;
  3. Sources used to create the data; and
  4. Publishing restrictions.

AusGOAL guides you through a simple set of simple questions that will help you determine the best licence for your data.


AusGOAL Suite of Licences

Version 4.0 of the Creative Commons Licences were endorsed for AusGOAL in February 2014.

(For further guidance on the differences between the Version 4.0 and Version 3.0 Australian licences here.)

The Licences:

  • Attribution (BY)

This licence lets others distribute, remix, tweak, and build upon your work, even commercially, as long as they credit you for the original creation. This is the most accommodating of licences offered. Recommended for maximum dissemination and use of licensed materials.

View licence Deed | View Legal Code

  • Attribution Non-Commercial (BY-NC)

This licence lets others remix, tweak, and build upon your work non-commercially, and although their new works must also acknowledge you and be non-commercial, they don’t have to license their derivative works on the same terms.

View licence Deed | View Legal Code

  • Attribution Share Alike (BY-SA)

This licence lets others remix, tweak, and build upon your work even for commercial purposes, as long as they credit you and licence their new creations under the identical terms. This licence is often compared to “copyleft” free and open source software licences. All new works based on yours will carry the same licence, so any derivatives will also allow commercial use. This is the licence used by Wikipedia, and is recommended for materials that would benefit from incorporating content from Wikipedia and similarly licensed projects.

View licence Deed | View Legal Code

  • Attribution No Derivatives (BY-ND)

This licence allows for redistribution, commercial and non-commercial, as long as it is passed along unchanged and in whole, with credit to you.

View licence Deed | View Legal Code

  • Attribution Non-Commercial Share Alike (BY-NC-SA)

This licence lets others remix, tweak, and build upon your work non-commercially, as long as they credit you and license their new creations under the identical terms.

View licence Deed | View Legal Code

  • Attribution Non-Commercial No Derivatives (BY-NC-ND)

This licence is the most restrictive of the six licences, only allowing others to download your works and share them with others as long as they credit you, but they can’t change them in any way or use them commercially.

View licence Deed | View Legal Code

  • Restrictive Licence template (RL)

You can download the Restrictive Licence Template here.

  • The BSD 3-Clause Software Licence

What is Intellectual Property?

IP Australia states that intellectual property:

Relevant Seminars

Intellectual Property Rights and Research in the Digital Age held on 2 Feb 2011, at the University of Cambridge.