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Piyush Tiwari   14 October 2021

Use of a scientist's research data by PhD student

Hello,
I am a scientist working for Govt of India. The institute that I work in allows PhD scholars to enroll and complete their PhD under guidance of scientists working in the institute. Few weeks back I got to know that a PhD student requested a technical staff to handover my research data and used it to publish his paper. He is enrolled with my fellow colleague scientist for PhD

. My question is what are my legal options in such a scenario?


 4 Replies

Dr J C Vashista (Lawyer)     15 October 2021

Copy right is retained by the author or institute ?

Ananya Gosain   15 October 2021

For the researcher seeking to use another’s data, the researcher gives permission to reuse the data. It provides the legal basis for data reuse.  In the absence of clear permission, mapping how intellectual property law does and does not, apply to research data may be of use.

Copyright grants the author(s) of an original work the exclusive rights to reproduce the work, to publicly distribute copies, to publicly display, publicly perform, or otherwise communicate the work to the public, and to make adaptations of the work. In an academic context, copyright law facilitates the recognition of commercial exploitation of academic works, illegal duplication, and unethical research practices.

There are three kinds of remedies against infringement of copyright, namely: Civil remedies, Criminal remedies, Administrative remedies.

Regards

Piyush Tiwari   15 October 2021

Thank you Sir. The copy right is held by the Institute. It is a government of India Organization. 

P. Venu (Advocate)     15 October 2021

Admittedly, the copy right belongs to the Institute. If so, the Institute itself would have laid down the norms to deal with such situations.

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