GLOBAL BIODIVERSITY

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GLOBALBIODIVERSITY
INFORMATIONFACILITY
GBIF experiences in sharing data and Intellectual
Property Rights Beatriz Torres GBIF Pro Bono
Legal Expert Group Meeting 18-19 September 2006.
Denmark.
WWW.GBIF.ORG

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The purpose of GBIF (MoU)

• ...promote, co-ordinate, design and implement the
  compilation, linking, standarization,
  digitisation and global dissemination of the
  worlds biodiversity data, within an appropriate
  framework for property rights and due attibution.

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GBIF and IPRs

• IPR issues are vast and complex.
• GBIF policies focus on making biodiversity data
  freely and openly available via the Internet and
  providing due attribution to the data sources.
• This simple and straight forward policy has been
  identified as establishing important
  international standards (source GBIF 3rd Year
  Review report).

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IPR Policies (MoU, para.8)

• GBIF does not assert any IPRs in the data in
  databases developed by other organizations and
  that become associated to GBIF.
• Provides attribution to dataproviders.
• Respects conditions set by data providers that
  affiliate their databases to GBIF
• When linking with other databases, ensures that
  data is available with the least possible
  restrictions on reuse

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IPRs and GBIF (MoU, para.8) ...

• Owners of databases can block access to any data
  (e.g. locality of endangered species).
• Data validity GBIF to disclaim responsibility
  and reliability of data
• Legitimacy of data collection access consistent
  with applicable laws and relevant PICs.
• Biodiversity Tools GBIF may claim IPRs on search
  engines or other software products that it
  develops.
• Technology transfer promote the non-exclusive
  transfer to research institutions in developing
  countries of IT... in conjunction with training
  and capacity development programs
• Applicable law GBIF does not alter the scope and
  application of relevant laws, regulations and
  international agreements of the Participants.

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GBIFs work with IPRs

• Comissioned 2 white papers
• - Biodiversity data and IPRs (M.Ruíz)
• - Experiences on data sharing with countries of
  origin (CRIA)
• GBIF Madrid Experts Workshop (2004), addressed 4
  main themes
• (1) Data providers
• (2) Users of data
• (3) Data sharing with countries of origin
• (4) GBIF data use and data sharing agreements
• Docs available at http//www.gbif.org/prog/oc
  b/iprmtg and www.gbif.org/DataProviders/Agreement
  s/

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(1) Data providers

• Legal concerns ownership of specimens, data,
  images, sounds, maps,etc.
• Data providers to facilitate metadata concerning
  accuracy of data.
• Codes of conduct (?)
• Usefulness of disclaimers
• Data sharing agreement sets a positive
  framework of operation

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(2) Users of data

• Responsibilities (respect to restrictions placed
  by the data providers)
• Attribution to sources of data
• Concerns about mis-use/abuse of data
• GBIF Data Use Agreement -gt practical way forward

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GBIF encourages activities in data sharing with
countries of origin
Biodiversity and information about it are
unevenly distributed.
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(3) Data sharing with countries of origin

• Experts expressed concern about potential data
  claims from countries of origin.
• Reticense to share data (e.g. African
  countries, Brazil, India)
• Eastern-european traditions of
  non-transparency.
• But ...GBIF commissioned study shows that there
  is a significant amount of work, positive flow
  and collaboration in data sharing with countries
  of origin.

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GBIF Commissioned study -gtCRIA

• 18 institutions from around the world contributed

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How did countries/institutions dealt with data
repatriation?

• Contractual arrangements
• Property issues

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Contractual arrangements
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How do they deal with IPRs ?

• Not formally addressed
• Free flow for scientific purposes
• Disclaimers, data access policies
• Logo
• Acknowledgment of provider
• Time is given for publishing before data becomes
  public
• Providers may withhold fields/records
• Ad hoc basis

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Property Rights

• Key issues proper attribution, ownership and
  control of their own data
• Ownership -gtdata custodian
• Data custodians should be acknowledged
• Data custodians control what data to disseminate
  (i.e. sensitive data/fields)

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(4) GBIF data use and data sharing Agreements

• Benefits build trust and confidence.
• Keep the agreements simple, flexible, with clear
  and transparent rules.
• Promote good faith and fairness.

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GBIF Data Sharing Agreement

• Biodiversity data accessible via the GBIF network
  are openly and universally available to all users
  within the framework of the GBIF Data Use
  Agreement and with the terms and conditions that
  the data provider has identified in its metadata.
• GBIF does not assert any intellectual property
  rights in the data that is made available through
  its network.
• The data provider warrants that they have made
  the necessary agreements with the original owners
  of the data that it can make the data available
  through GBIF network.

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GBIF Data Sharing Agreement

• 4. The data provider makes reasonable efforts to
  ensure that the data they serve are accurate.
• 5. Responsibility regarding the restriction of
  access to sensitive data resides with the data
  provider.
• 6. The data provider includes stable and unique
  identifiers in their data so that the owner of
  the data is known and for other necessary
  purposes.
• 7. GBIF Secretariat may cache a copy and serve
  full or partial data further to other users
  together with the terms and conditions for use
  set by the data provider. Queries of such data
  through the GBIF Secretariat are reported to the
  data provider.

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GBIF Data Sharing Agreement

• 8. Data providers are endorsed by a GBIF
  Participant, if applicable, before their metadata
  is made available by the GBIF Secretariat.
• 9. GBIF Secretariat is not responsible for data
  content or the use of the data.
• 10.GBIF Secretariat is not liable or responsible,
  nor are its employees or contractors, for the
  data contents or for any loss, damage, claim,
  cost or expense however it may arise, from an
  inability to use the GBIF network.

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GBIF Data Use Agreement

• The quality and completeness of data cannot be
  guaranteed. Users employ these data at their own
  risk.
• Users shall respect restrictions of access to
  sensitive data.
• In order to make attribution of use for owners of
  the data possible, the identifier of ownership of
  data must be retained with every data record.

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GBIF Data Use Agreement

• Users must publicly acknowledge, in conjunction
  with the use of the data, the data providers
  whose biodiversity data they have used. Data
  providers may require additional attribution of
  specific collections within their institution.
• Users must comply with additional terms and
  conditions of use set by the data provider. Where
  these exist they will be available through the
  metadata associated with the data.

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Some conclusions

• Genbank proved that it is possible. Now GBIF is
  doing it for specimen and species-level data
  -gt100 mill records available.
• A set of simple and clear principles and rules
  have been set up by GBIF (MoU and Agreements)
  while respecting national legislation.
• GBIF is generating an open environment that
  builds trust while sharing and using data for the
  benefits of science and society

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Next steps and expectations

• Need to explore new ways and means that will
  assist GBIF in building an appropriate
  environment that favors and encourages an
  increased flow and open access to biodiversity
  data (e.g. identification of key issues to
  address, next steps).

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Options

• Policy level (GBIF recommendation to research
  councils and
• CBD decision (VIII/11) gt legally binding
• Invites Parties and other Governments, as
  appropriate, to provide free and open access to
  all past, present and future public-good research
  results, assessments, maps and databases on
  biodiversity, in accordance with national and
  international legislation.
• Legal level e.g. CC licencing agreements), other
  options and advice...

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How to contact GBIF
Web site www.gbif.org Data portal
www.gbif.net GBIF Secretariat Universitetsp
arken 152100 CopenhagenDenmark E-mail
btorres_at_gbif.org Phone [phone] Fax
45 3532 1480 New GBIF Secretariat headquarters,
supported by grant from Aage V. Jensens Fonde