Intellectual Property Law plays a fundamental law in science and research. This lecture introduces the basic fundaments of this area of law, which aims to protect intangible assets.

Firstly, the various types of intellectual property protection regimes and their principles are introduced. Next, industrial property and copyright are discussed in more detail. Finally, the practical application thereof in science and research is presented. The theoretical concepts are discussed with the help of practical examples. After the lecture, a Q & A and discussion session is also planned.

Lecturer:

JUDr. Matěj Myška, Ph.D. is the deputy head of the Institute of Law and Technology. 

JUDr. Matěj Myška, Ph.D. works as a deputy head of the Institute of Law and Technology of the MU Faculty of Law and the Technology Transfer Centre, where he focuses on information technology law, i.e. how the law regulates the use of information technology. He is also the editor-in-chief of the Review of Law and Technology.

Student's question related to the topic:

I would like to ask about the data ownership when the data were taken during an X-ray examination and were used as a part of a master thesis. Specifically, I have a friend who studied at the Faculty of Medicine in Olomouc. He needed X-ray screenings for his master thesis. The screenings have already been made by his supervisor a few years ago during other research. The supervisor has refused to share those data with my friend. So my friend collected the screening data by himself. His supervisor then demanded my friend to hand over his data which he refused to do based on the data ownership. So my question is: did the supervisor have the right to ask for my friend's screening data? For the record, my friend was basically ordered to hand over the data as his supervisor made claims on those data he personally didn't collect. The results of the screenings were then published in the thesis.

The answer of the lecturer:

Data ownership can vary from institution to institution, so it is important to consider the policies and agreements at your friend's university. Generally speaking, when it comes to data collected as part of academic activity, ownership can be attributed to either the individual student or the university, depending on the circumstances.

In the European Union, databases can be protected under the sui generis right, which is a unique form of legal protection. This form of protection extends to the actual contents collected in a database (in comparison to copyright protection of databases). The database right protects the substantial investment made by the creator or owner in obtaining, verifying, or presenting the contents of a database. This substantial investment can encompass various elements, such as the time and effort expended in data collection, the costs associated with data verification and quality control, the development of specialized software or tools for database management, and the financial resources allocated to create, maintain, and update the database. In employee relations, the employer is commonly considered as the person investing the resources.

Suppose your friend collected the X-ray screening data as part of their studies and without any direct involvement with the university outside the student-institution relationship. In that case, it is reasonable to argue that they would be the owner of that specific dataset. In this case, they would not be legally obligated to hand over the data to any third party. Nonetheless, particular policies might be in place when the university's equipment is used, such as the x-rays. Subject to such policies, the supervisor’s request could be justified.

On the other hand, if there was an employment relationship between your friend and the university, and the X-ray screenings were conducted within the scope of that employment, the database could be considered the university's property. In such a situation, the university, via the proxy of the supervisor, might have a stronger claim to the data. Subsequently, such a request would be reasonable.

However, it's important to note that legal solutions may only apply sometimes, as academic and institutional policies can play a significant role in data ownership disputes. Moreover, there is an ethical level to the dispute that is not addressed by the legal framework. In an extreme case, the supervisor’s position might be in breach of ethical standards and a change in supervisor could be advisable.

In summary, whether your friend was obliged to share their data with their thesis supervisor depends on the specific circumstances, including the university's policies and any agreements or contracts in place.