Intellectual Property Law Commons^™

Data Quality Assurance At Research Data Repositories, Maxi Kindling, Dorothea Strecker

Copyright, Fair Use, Scholarly Communication, etc.

This paper presents findings from a survey on the status quo of data quality assurance practices at research data repositories.

The personalised online survey was conducted among repositories indexed in re3data in 2021. It covered the scope of the repository, types of data quality assessment, quality criteria, responsibilities, details of the review process, and data quality information and yielded 332 complete responses.

The results demonstrate that most repositories perform data quality assurance measures, and overall, research data repositories significantly contribute to data quality. Quality assurance at research data repositories is multifaceted and nonlinear, and although there are some common patterns, …

The Impact Of Library Publishing Through The Lens Of The United Nations Sustainable Development Goals, Marie O'Neill

Copyright, Fair Use, Scholarly Communication, etc.

Abstract

As library publishing programmes expand around the world, reports and research pertaining to standards and workflows have proliferated. This paper calls for library publishing programmes to explore the impact of their pogrammes at local, national and international level in relation to their contribution to open access publishing, EDI agendas and the United Nations Sustainable Development Goals. The presentation highlights the UN's SDG Publishers Compact and argues that the SDGs are an ideal lens through which library publishers could examine their impact as library publishers have a strong publishing record in areas such as gender, education and climate as examples.

Community Forum On The 2022 Ostp Public Access Policy Guidance [Presentation Slides], White House Office Of Science And Technology Policy

Copyright, Fair Use, Scholarly Communication, etc.

Included:

● Public access background and context

● Summary of the 2022 OSTP Memorandum

● Clarification about the scope of the 2022 OSTP Memorandum

● Timeline for agency adoption of the 2022 OSTP Memorandum

● Agency perspectives: National Aeronautics and Space Administration (NASA), National Institutes of Health (NIH), and Institute of Museum and Library Services (IMLS)

● Questions and answers

Path Choice Of Algorithm Intellectual Property Protection, Yulu Jin, Youdan Xiao

Bulletin of Chinese Academy of Sciences (Chinese Version)

Protection of algorithm by intellectual property is a powerful way to stimulate innovation and regulate the risk of the algorithm. Algorithm that can be protected by intellectual property right is the program algorithm, which is compiled in computer language, in the form of coded instruction sequence, run by the computer and produce independent rational value results. The article is combed out that there are drawbacks to the traditional path of IP to protect program algorithms:it has conflict between program algorithm and copyright law system; the trade secret path is at odds with program algorithmic governance; and program algorithm can hardly …

The Emerging Digital Infrastructure For Research In The Humanities, Donald J. Waters

Copyright, Fair Use, Scholarly Communication, etc.

This article advances the thesis that three decades of investments by national and international funders, combined with those of scholars, technologists, librarians, archivists, and their institutions, have resulted in a digital infrastructure in the humanities that is now capable of supporting end-to-end research workflows. The article refers to key developments in the epigraphy and paleography of the premodern period. It draws primarily on work in classical studies but also highlights related work in the adjacent disciplines of Egyptology, ancient Near East studies, and medieval studies. The argument makes a case that much has been achieved but it does not declare …

The Global Publishing Industry In 2021, World Intellectual Property Organization

Copyright, Fair Use, Scholarly Communication, etc.

Mixed forces shaped global publishing activity in 2021. The spread of different COVID-19 variants throughout the world still caused hardship and widespread social distancing. At the same time, the rollout of vaccines helped to contain the pandemic’s impact and enabled a recovery of the global economy, which grew by around 6 percent in 2021. The preliminary release of data from WIPO’s global survey of publishing activity shows that recovery extended to the publishing industry. Still, industry performance varies by country, reflecting the nature of book markets and other local economic forces.

The highest number of books published and deposited in …

Memorandum For The Heads Of Executive Departments And Agencies, August 25, 2022: Ensuring Free, Immediate, And Equitable Access To Federally Funded Research, White House Office Of Science And Technology Policy

Copyright, Fair Use, Scholarly Communication, etc.

This memorandum provides policy guidance to federal agencies with research and development expenditures on updating their public access policies. In accordance with this memorandum, OSTP recommends that federal agencies, to the extent consistent with applicable law:

1. Update their public access policies as soon as possible, and no later than December 31, 2025, to make publications and their supporting data resulting from federally funded research publicly accessible without an embargo on their free and public release;

2. Establish transparent procedures that ensure scientific and research integrity is maintained in public access policies; and,

3. Coordinate with OSTP to ensure equitable …

White House Office Of Science And Technology (Ostp) Updated Its U.S. Public Access Policy Guidance (August 25, 2022)

Copyright, Fair Use, Scholarly Communication, etc.

White House Office of Science and Technology (OSTP) updated its U.S. public access policy guidance (August 25, 2022)

Strategies Used In Translating The Fantastic Events In Venus Dari Kota Ille, Ria Rizkya, Arif Budiman

International Review of Humanities Studies

The fantastic (le fantastique) is a literary genre that originated from France, which has a specific characteristic of an ambiguous event that cannot be found in other literary works from other countries that introduce similar genres. This study discusses the translation strategies used to translate these fantastic events in Venus dari Kota Ille, the Indonesian translation version of the fantastic story of La Vénus d'Ille by Mérimée (1837). The objective of this research is to see what strategies the translator use in translating the fantastic events that are present in the French version that contained uncanny elements and whether these …

Ptrc Customer Assessment Survey And Best Practices, John Schlipp, Christian Sheehy

Journal of the Patent and Trademark Resource Center Association

Assessment of customer activities in academic, public, and special libraries demonstrates their impact and value to library administrators and constituents. In turn, this assists in securing and maintaining advocacy and financial support. Although many formal and informal assessment best practices have evolved to measure the quantitative and qualitative impact of information literacy instruction, few if any best practices have been established to measure impact specific to Patent & Trademark Resource Center (PTRC) customers. This article reviews the results of a survey of PTRC Libraries and their customer assessment practices. Such analysis reveals best practices for other PTRCs to build upon …

Academic Brands And Cognitive Dissonance, Mark Bartholomew

Contributions to Books

Published as Chapter 7 in Academic Brands: Distinction in Global Higher Education (Mario Biagioli & Madhavi Sunder, eds., Cambridge University Press, 2022).

It is hard to reconcile the research university’s supposed reason for being – the reasoned pursuit of knowledge – with its methods for building brand awareness and equity. Just like pitches for other luxury goods, the selling of higher education depends on irrational appeals devoid of information and marketing missives meant to hug the line between legally protected puffery and outright fraud. Although universities have always borrowed from the selling strategies of the commercial sphere, in recent years, …

Ithaka S+R Us Faculty Survey 2021, Melissa Blankstein

Copyright, Fair Use, Scholarly Communication, etc.

The Ithaka S+R US Faculty Survey has tracked the changing research, teaching, and publishing practices of faculty members within higher education triennially since early digital transformation at the turn of the century. This project has aimed to provide actionable findings to help colleges and universities, among other relevant stakeholders such as academic libraries, learned societies, and scholarly publishers, make evidence-based decisions for their planning and strategy. Against the backdrop of the global pandemic and its numerous impacts to many different facets of higher education, this eighth cycle of the survey once again queried faculty nationally on topics such as scholarly …

Patents And Market Research: Librarians Partnering To Assist Bioengineering Senior Design Teams, Jennifer L. Groff, Meredith Futral

Journal of the Patent and Trademark Resource Center Association

Clemson’s business and engineering librarians have partnered to create a two-step, efficient process to assist Bioengineering Senior Design students in understanding patents and patent searching and market research. Clemson University’s required two-semester Bioengineering Senior Design program matches teams of students with regional clinicians to develop biomedical devices that they research, design, prototype, and test. In the first semester of the program, in which the business and engineering librarians are involved, students take BioE4010-Bioengineering Design Theory. BioE4010 is offered in both the Fall and Spring semesters, but enrollment is significantly higher in the fall. For example, in the Fall of 2021 …

Generic Ab Initio, James A. Heilpern, Earl Kjar Brown, William G. Eggington, Zachary D. Smith

Buffalo Law Review

From comic conventions to disbanded dioceses, courts continue to struggle with a unique but puzzling question of trademark law. Federal law protects certain terms that refer to a product or service from a specific producer instead of to a product generally. Terms that refer to products are considered generic and cannot receive protection. Courts have also held that a term that was generic at the time the party adopted the mark cannot receive protection, even if the public later views it as being specific to a particular producer. But, many marks were adopted decades or centuries ago. As a result, …

Artificial Intelligence/ Machine Learning-Based Medical Devices: Regulatory And Patentability Challenges, May Lee

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

The Post-Pandemic Order: A Blueprint For Balancing Health And Ip Interests In The Age Of Covid Variants, Arjun Padmanabhan, Tanner J. Wadsworth

Penn State Journal of Law & International Affairs (2012 - Present)

In December 2021, the World Health Assembly (“WHA”) convened to develop a pandemic response treaty for future pandemics. Unfortunately, as presently envisioned, the resulting pandemic response framework will suffer from many of the same inadequacies that prevented existing frameworks from responding effectively to COVID-19. The threat of new pandemics emerging in the future—and new variants developing in the present—call for a more integrated, robust, comprehensive solution.

This Article lays a blueprint for that solution: a global multilateral Council empowered to (1) investigate developing pandemics; (2) incentivize pharmaceutical companies to rapidly-produce vaccines and share them through voluntary licenses or TRIPS compulsory …

Paper Mills Research Report [English], Committee On Publication Ethics, Stm

Copyright, Fair Use, Scholarly Communication, etc.

Executive summary

The subject of paper mills is currently being widely discussed by many stakeholders across the research publishing landscape. This report aims to give an overview of this topic, to explain how paper mills work, why they work and what we can collectively do about it. We have also undertaken a study of data submitted from a variety of investigations by leading publishers to get a sense of the scale of the problem. This paper concludes that the submission of suspected fake research papers, also often associated with fake authorship, is growing and threatens to overwhelm the editorial processes …

Defensive Industrial Policy: Cybersecurity Interventions To Reduce Intellectual Property Theft, Dr. Chad Dacus, Dr. Carl (Cj) Horn

Military Cyber Affairs

Through cyber-enabled industrial espionage, China has appropriated what Keith Alexander, the former Director of the National Security Agency, dubbed “the largest transfer of wealth in history.” Although China disavows intellectual property (IP) theft by its citizens and has set self-sustained research and development as an important goal, it is unrealistic to believe IP theft will slow down meaningfully without changing China’s decision calculus. China and the United States have twice agreed, in principle, to respect one another’s IP rights. However, these agreements have lacked any real enforcement mechanism, so the United States must do more to ensure its IP is …

University Of Washington Faculty Senate Resolution Regarding Support For The Uw Libraries’ Principles In Licensing Scholarly Resources

Copyright, Fair Use, Scholarly Communication, etc.

WHEREAS, a healthy and sustainable scholarly ecosystem is one where knowledge is openly discoverable and openly shared, where there is a diversity of options for researchers to publish and disseminate their work, and where investments made by the University prioritize advancing broader impacts of research and teaching for the public good; therefore BE IT RESOLVED, that the UW Faculty Senate endorses the UW Libraries principles in licensing scholarly resources as follows:

SUSTAINABILITY:

ACCESS AND EQUITY:

SUPPORT OF SCHOLARSHIP AND TEACHING:

(Includes FAQ)

When Your Data Is My Grandparents Singing. Digitisation And Access For Cultural Records, The Pacific And Regional Archive For Digital Sources In Endangered Cultures (Paradisec), Nick Thieberger, Amanda Harris

Copyright, Fair Use, Scholarly Communication, etc.

In this paper we discuss the Pacific and Regional Archive for Digital Sources in Endangered Cultures (PARADISEC), a research repository that explicitly aims to act as a conduit for research outputs to a range of audiences, both within and outside of academia. PARADISEC has been operating for 19 years, and has grown to hold over 390,000 files currently totaling 150 terabytes and representing 1,312 languages, many of them from Papua New Guinea and the Pacific. Our focus is on recordings and transcripts in the many small languages of the world, the songs and stories that are unique cultural expressions. While …

Reimagine Descriptive Workflows: A Community-Informed Agenda For Reparative And Inclusive Descriptive Practice, Rachel L. Frick, Merrilee Proffitt

Copyright, Fair Use, Scholarly Communication, etc.

Executive Summary

The Reimagine Descriptive Workflows project convened a group of experts, practitioners, and community members to determine ways of improving descriptive practices, tools, infrastructure, and workflows in libraries and archives. The result, this community agenda, is offered to the broad library and archives community of practice. The agenda draws together insights from the convening, related research, and operational work that is ongoing in the field. All institutions hold power to make meaningful changes in this space, and all share collective responsibility.

The agenda is not a “how-to guide,” but it is constructed to instruct and chart a path toward …

Global Community Guidelines For Documenting, Sharing, And Reusing Quality Information Of Individual Digital Datasets, Ge Peng, Carlo Lacagnina, Robert R. Downs, Anette Ganske, Hampapuram K. Ramapriyan, Ivana Ivánová, Lesley Wyborn, Dave Jones, Lucy Bastin, Chung-Lin Shie, David F. Moroni

Copyright, Fair Use, Scholarly Communication, etc.

Open-source science builds on open and free resources that include data, metadata, software, and workflows. Informed decisions on whether and how to (re)use digital datasets are dependent on an understanding about the quality of the underpinning data and relevant information. However, quality information, being difficult to curate and often context specific, is currently not readily available for sharing within and across disciplines. To help address this challenge and promote the creation and (re) use of freely and openly shared information about the quality of individual datasets, members of several groups around the world have undertaken an effort to develop international …

Recommendations For Discipline-Specific Fairness Evaluation Derived From Applying An Ensemble Of Evaluation Tools, Karsten Peters-Von Gehlen, Heinke Höck, Andrej Fast, Daniel Heydebreck, Andrea Lammert, Hannes Thiemann

Copyright, Fair Use, Scholarly Communication, etc.

From a research data repositories’ perspective, offering research data management services in line with the FAIR principles is becoming increasingly important. However, there exists no globally established and trusted approach to evaluate FAIRness to date. Here, we apply five different available FAIRness evaluation approaches to selected data archived in the World Data Center for Climate (WDCC). Two approaches are purely automatic, two approaches are purely manual and one approach applies a hybrid method (manual and automatic combined).

The results of our evaluation show an overall mean FAIR score of WDCC-archived (meta) data of 0.67 of 1, with a range of …

Copyright And Attribution Guide, Version 1.0, Air Force Institute Of Technology

AFIT Documents

The purpose of this document is to establish a guide on the use of copyrighted material, the attribution of source material, copyright protection of covered works (limited applicability only for civilian faculty), and to educate AFIT personnel on important aspects of copyright law. This guide is intended for all AFIT employees, including all AFIT faculty, staff, contractors, and students, as well as all students reporting to AFIT regardless of the school they are attending.

Law Library Blog (March 2022): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Developing Metrics For Nasa Earth Science Interdisciplinary Data Products And Services, Zhong Liu, Chung-Lin Shie, Anthony J. Ritrivi, Guang-Dih Lei, Gary T. Alcott, Mary Greene, James Acker, Jennifer C. Wei, David J. Meyer, Angela Li, Atheer F. Al-Jazrawi

Copyright, Fair Use, Scholarly Communication, etc.

Metrics are measures that are able to produce quantifiable information. There are many applications of metrics in Earth science data and services; for example, metrics are frequently used to track service performance and progress. In short, developing, collecting and analyzing metrics are essential activities to better support Earth science research, applications, and education.

As one of the largest repositories of Earth science data in the world, NASA’s Earth Science Data and Information System (ESDIS) Project supports twelve Distributed Active Archive Centers (DAACs). Standard metrics have been developed by the ESDIS Metrics System (EMS). These metrics are collected and analyzed routinely …

Guidelines For Publicly Archiving Terrestrial Model Data To Enhance Usability, Intercomparison, And Synthesis, Maegen B. Simmonds, William J. Riley, Deborah A. Agarwal, Xingyuan Chen, Shreyas Cholia, Robert Crystal-Ornelas, Ethan T. Coon, Dipankar Dwivedi, Valerie C. Hendrix, Maoyi Huang, Ahmad Jan, Zarine Kakalia, Jitendra Kumar, Charles D. Koven, Li Li, Mario Melara, Lavanya Ramakrishnan, Daniel M. Ricciuto, Anthony P. Walker, Wei Zhi, Qing Zhu, Charuleka Varadharajan

Copyright, Fair Use, Scholarly Communication, etc.

Scientific communities are increasingly publishing data to evaluate, accredit, and build on published research. However, guidelines for curating data for publication are sparse for model-related research, limiting the usability of archived simulation data. In particular, there are no established guidelines for archiving data related to terrestrial models that simulate land processes and their coupled interactions with climate. Terrestrial modelers have a unique set of challenges when publishing data due to the diversity of scientific domains, research questions, and the types and scales of simulations. Researchers in the U.S. Department of Energy’s (DOE) projects use a variety of multiscale models to …

Peer Review Analyze: A Novel Benchmark Resource For Computational Analysis Of Peer Reviews, Tirthankar Ghosal, Sandeep Kumar, Prabhat Kumar Bharti, Asif Ekbal

Copyright, Fair Use, Scholarly Communication, etc.

Peer Review is at the heart of scholarly communications and the cornerstone of scientific publishing. However, academia often criticizes the peer review system as non-transparent, biased, arbitrary, a flawed process at the heart of science, leading to researchers arguing with its reliability and quality. These problems could also be due to the lack of studies with the peer-review texts for various proprietary and confidentiality clauses. Peer review texts could serve as a rich source of Natural Language Processing (NLP) research on understanding the scholarly communication landscape, and thereby build systems towards mitigating those pertinent problems. In this work, we present …

A Call For The Library Community To Deploy Best Practices Toward A Database For Biocultural Knowledge Relating To Climate Change, Martha B. Lerski

Publications and Research

Abstract

Purpose – In this paper, a call to the library and information science community to support documentation and conservation of cultural and biocultural heritage has been presented.

Design/methodology/approach – Based in existing Literature, this proposal is generative and descriptive— rather than prescriptive—regarding precisely how libraries should collaborate to employ technical and ethical best practices to provide access to vital data, research and cultural narratives relating to climate.

Findings – COVID-19 and climate destruction signal urgent global challenges. Library best practices are positioned to respond to climate change. Literature indicates how libraries preserve, share and cross-link cultural and scientific knowledge. …

Checklist For Open Access Publishers On Implementing The Unesco Recommendation On Open Science, Unesco, Oaspa

Copyright, Fair Use, Scholarly Communication, etc.

Within the subset of open scientific knowledge, this document refers to scientific publications that include, inter alia, journal articles and books, research reports and conference papers. These publications may be, contain or be accompanied by original scientific research results, research data, software, source code, source materials, workflows and protocols, digital representations of pictorial and graphical materials and scholarly multimedia material. According to the UNESCO Recommendation on Open Science, access to scientific knowledge should be as open as possible, and may need to be restricted, in specific circumstance, for example to protect human rights, confidentiality, intellectual property rights, personal information, threatened …