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9. These terms and your posts and contributions shall be governed and interpreted in accordance with the laws of Switzerland (without giving effect to conflict of laws principles thereof) and any dispute exclusively settled by the Courts of the Canton of Geneva.

The Politicization Of The US Patent System

The Washington Post story, How patent reform’s fraught politics have left USPTO still without a boss (July 30), is a vivid account of how patent reform has divided the US economy, preempting a possible replacement for David Kappos who stepped down 18 months ago. The division is even bigger than portrayed. Universities have lined up en masse to oppose reform, while main street businesses that merely use technology argue for reform. Reminiscent of the partisan divide that has paralyzed US politics, this struggle crosses party lines and extends well beyond the usual inter-industry debates. Framed in terms of combating patent trolls through technical legal fixes, there lurks a broader economic concern – to what extent ordinary retailers, bank, restaurants, local banks, motels, realtors, and travel agents should bear the burden of defending against patents as a cost of doing business.


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    EU, UK Announce Plans To Open Access To Scientific Research

    Published on 17 July 2012 @ 8:36 pm

    By for Intellectual Property Watch

    The European Commission has announced plans to ease access to scientific research results, paving the way for what it hopes will be greater innovation and a higher return on its multi-billion euro annual research and development investment. And it was preceded one day by a similar plan in the United Kingdom.

    Broader and quicker access to scientific papers and data will make it easier for researchers and businesses to build on the findings of publicly-funded research, the Commission said today. That in turn will give Europe a better return for the €87 billion euros it spends each year on R&D, it said.

    The EC urged European Union member countries to take a similar approach to the results of research they themselves fund. It wants 60 per cent of European publicly-funded research articles to be available under open access by 2016. The EC also said it will experiment with open access to the data collected during publicly-funded research, subject to legitimate concerns about a fundee’s commercial interests or about privacy, it said.

    Studies show that without access to up-to-date scientific literature, it takes small and mid-sized companies up to two years to bring new products to market, the EC said. One EU-funded study showed that only 25 per cent of researchers share their data openly, it said.

    The policy also addresses other problems, the EC said in an “frequently asked questions” document. Scientific publications are often too expensive for many people and organisations to get hold of, depriving doctors, engineers and other professionals of access to critical information. This is despite the fact that public money, through taxes, paid for the work leading to the information, it said. That hampers innovation and skill levels, it said. And, because data is often not shared at all, there are risks that parallel research will waste time, money and brain power, it said.

    Gold and Green

    The EC will first make open access to scientific publications a general principle of Horizon 2020, its R&D funding programme for 2014-2020, it said. Beginning in 2014, all articles produced with money from Horizon 2020 will have to be accessible online under one of two systems, it said.

    Publishers who make articles immediately accessible (“Gold” open access) will be entitled to have up-front publication costs reimbursed by the EC. Researchers will have to make their works available via an open access repository no later than six months after publication (“Green” access), it said.

    Articles in the areas of social sciences and humanities must be made accessible not later than 12 months after publication, it said. The longer embargo is because it takes longer to recoup the costs related to the publishing process for social sciences and humanities than in the scientific, technical and medical fields, it said.

    A “Matter of Principle”

    When Human Genome Project results became accessible, it leveraged a €3 billion research investment into around €500 billion of economic activity, Digital Agenda Commissioner Neelie Kroes said in introducing the new measures.

    “I want more of those benefits to land in Europe,” she said. There’s a direct connection between the package and Europe’s economic future, she added. The new rules are part of a wider effort to open up what is produced with public money.

    “Doing this is a matter of principle,” Kroes said. “You paid for the research – you should have access to the results.” The EC’s “strong political message” is that researchers deserve support to make their results available to all, for the benefit of all, she said.

    UK First Mover

    The EC announcement followed a 16 July UK government decision to accept recommendations in a 19 June report on open access [pdf] and remove the paywalls surrounding taxpayer-funded research. The response to the report is here:http://www.bis.gov.uk/assets/biscore/science/docs/l/12-975-letter-government-response-to-finch-report-research-publications.

    Among other things, the government agreed to deliver access through a “gold” model where article-processing charges are paid upfront to cover publication costs, the Department for Business, Innovation and Skills said.

    The UK will also introduce walk-in rights to give the general public free access to global research publications owned by members of the UK Publishers’ Association via public libraries, it said. It will also extend access licensing now used by universities to high technology businesses for a “modest charge,” it said.

    A UK delegate raised the decision today at the World Intellectual Property Organization Standing Committee on Copyright and Related Rights (SCCR), which is addressing limitations and exceptions for educational and research institutions.

    Dugie Standeford may be reached at info@ip-watch.ch.

     

    Comments

    1. Acceso al conocimiento libre y gratuito para todos | Ciencia Nueva says:

      [...] http://www.ip-watch.org/2012/07/17/eu-uk-announce-plans-to-open-access-to-scientific-research/ [...]


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    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website. By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website.

    By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    1. You agree that you are fully responsible for the content that you post. You will not knowingly post content that violates the copyright, trademark, patent or other intellectual property right of any third party or which you know is under a confidentiality obligation preventing its publication and that you will request removal of the same should you discover that you have violated this provision. Likewise, you may not post content that is libelous, defamatory, obscene, abusive, that violates a third party's right to privacy, that otherwise violates any applicable local, state, national or international law, that amounts to spamming or that is otherwise inappropriate. You may not post content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification. Epithets and other language intended to intimidate or to incite violence are also prohibited. Furthermore, you may not impersonate others.

    2. You understand and agree that Intellectual Property Watch is not responsible for any content posted by you or third parties. You further understand that IP Watch does not monitor the content posted. Nevertheless, IP Watch may monitor the any user-generated content as it chooses and reserves the right to remove, edit or otherwise alter content that it deems inappropriate for any reason whatever without consent nor notice. We further reserve the right, in our sole discretion, to remove a user's privilege to post content on our site. IP Watch is not in any manner endorsing the content of the discussion forums and cannot and will not vouch for its reliability or otherwise accept liability for it.

    3. By submitting any contribution to IP Watch, you warrant that your contribution is your own original work and that you have the right to make it available to IP Watch for all purposes and you agree to indemnify IP Watch, its directors, employees and agents against all damages, legal fees and others expenses that may be incurred by IP Watch as a result of your breach of warranty or of these terms.

    4. You further agree not to publish any personal information about yourself or anyone else (for example telephone number or home address). If you add a comment to a blog, be aware that your email address will be apparent.

    5. IP Watch will not be liable for any loss including but not limited to the following (whether such losses are foreseen, known or otherwise): loss of data, loss of revenue or anticipated profit, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, any indirect, consequential or exemplary damages.

    6. You understand and agree that the discussion forums are to be used only for non-commercial purposes. You may not solicit funds, promote commercial entities or otherwise engage in commercial activity in our discussion forums.

    7. You acknowledge and agree that you use and/or rely on any information obtained through the discussion forums at your own risk.

    8. For any content that you post, you hereby grant to IP Watch the royalty-free, irrevocable, perpetual, exclusive and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content in whole or in part, world-wide and to incorporate it in other works, in any form, media or technology now known or later developed.

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