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Intellectual Property Rights,Data Management and Open Access

Intellectual Property Rights,Data Management and Open Access

1

HES-SO Valais-Wallis, Sierre11 October 2016

AgendaAgenda

Intellectual Property RightsKarl Kerschbaum, EU GrantsAccess Zürich, ETH Zürich | Universität ZürichNatacha Albrecht, Legal Advisor HES-SO Valais//Wallis

Open Science and Data ManagementCaroline Vandevyver, EPFLMatthias Held, Euresearch Regional Office Fribourg/Freiburg

Open Access and ArODES Open ArchiveLydie Echernier, HES-SO and DLCM projectGwënola Dos Santos and Melissa Paez, HES-SO Genève

Questions and Answers

2

Finding funding made easy.

Horizon 2020IPR Issues in general andin Industry/SME collaborationsSierre, Oct 11, 2016Karl Kerschbaum


Overview

1. IPR Rules in H2020

2. IPR in Industry CollaborationsRisks and Challenges

3. Support

4. Industry Collaboration related questions

2Karl Kerschbaum IPR in H2020© EU GrantsAccess 2016 Oct 11, 2016


IP Rules in Horizon 2020

Finding funding made easy. 4


Protection of IP in Horizon2020 projects is dealt with in• Rules for Participation and Dissemination /

EU framework regulation to participatein Horizon 2020

• Grant Agreementto be concluded between EC and Consortium

• Consortium Agreement/Partnership Agreementto be concluded between the participants inthe action

Karl Kerschbaum IPR in H2020© EU GrantsAccess 2016 Oct 11, 2016



Overview H2020 Legal Agreements




MAIN OBJECTIVES

The Horizon 2020 rules on IPR, exploitation anddissemination of results are built on the basis ofproven FP7 provisions and aim to:provide a balanced, secure and flexible framework,facilitate the implementation of the project,ensure an appropriate exploitation and disseminationof the results.




BASIC CONCEPTtime

start of project

Backgroundany information, data or knowledge,in whatever form or nature, and anyattached rights:• held by participants prior to

acceding to the grantagreement, and

• identified as “background” in awritten agreement in any manner

Resultsany information, data orknowledge generated in aproject, in whatever form ornature (e.g. cell lines orprototypes) and anyattached rights (e.g. patentor database rights).

Access RightRight to use Results or Background

Disseminationpublic disclosure of results in an appropriate manner, including publishing




OWNERSHIPGeneral ruleeach participant owns the results it generates

Joint ownership only if participants have jointly generated results and it isimpossible to determine the respective share of the work in which case:joint owners of results must reach an agreement, unless otherwise agreed, each jointowner may grant non- exclusive licences to third parties, without the right to sub-licence,subject to the following conditions:

-prior notice must be given, and-fair and reasonable compensation must be provided

Rights of employees & third partiesthe participant must ensure it can comply with its obligations under the Grant Agreement




PROTECTIONGeneral ruleif possible & justified, each participant must appropriately protect its results, taking intoaccount legitimate interests.

Notification to the CommissionNo, unless a participant received EU funding and – for reasons other than the lack ofcommercial potential – does not intend to appropriately protect, extend or abandons suchprotection. If so, the Commission may protect

Design




EXPLOITATIONGeneral ruleEach participant must use its best efforts to exploit its results commercially or in furtherresearch, either directly or indirectly.

Transfers of ownershipall obligations must be passed on; prior notice must be given to other participants unlessthey agree beforehand that this is not needed with regard to transfers to specificallyidentified third parties.

Exclusive licensescan be granted on condition that any access rights will be respected and any additionalexploitation obligations complied with

Transfers of ownership or grants of exclusive licencesCommission’s right to object if made to a third party established outside a MS/AC;where appropriate, the grant agreement will require prior notification.




ACCESSRIGHTS

participant mustgrant access to itsbackground

participantmust grantaccess to itsresults

if needed byanother participantto implementproject

royalty-free unlessotherwise agreedbefore accession tothe grantagreement

royalty-free

if needed byanother participantto exploit ownresults

fair and reasonable conditions(to be agreed and may be royalty-

free)




DISSEMINATIONGeneral ruleeach participant must disseminate its results as soon as possible, subject to restrictionsdue to the protection of results, security rules or legitimate commercial interests.

Open access- mandatory open access to research publications- opening to experiment with open access to other results in appropriate areas

Prior noticebefore dissemination, a participant must notify the other participants who may object iftheir legitimate interests would suffer significant harm

EU supportAny dissemination (also patent applications, standards) must indicate EU support (forvisibility and traceability reasons)




What’s new compared to FP7:

• Open Access to research publications is a generalrequirement. Factsheet and Guidelines:

• Open Research Data Pilot• Access rights for the European Union to project

results and in the field of security research alsofor Member States.

• some definitions slightly changed (e.g. Definitionof “background”, “result” or “affiliated entities”).



Consortium Agreement

www.desca-2020.eu



IPR in Industry RelationsRisks and Challenges


Challenges

SMEs and universities (i.e. researchers inparticular) often lack:

� awareness of importance ofIntellectual Property (IP)

� IP expertise

� resources to properly manage andexploit their IP



Risks

Possible consequences:

� Risk of conflicts duringcollaborative projects and possiblylimited exploitation of researchresults

� SMEs refrain from entering intocollaborative research projects

� SMEs/universities do not fullyexploit their innovative potential



Support


Support

With a little help of a friend…

- www.euresearch.ch

- www.ipr-helpdesk.euWebinar (free of charge) onIP Management in H2020 in MSCA



Industry Collaboration related questions

Transfer of Ownershipto entities outside theEU?

Other Model ConsortiumAgreement templates

Agreement templates andguidelines, e.g. MoU, NDA, etc.

Commercial exploitation ofproject results

IP issues in VisitingScientist / SecondmentAgreements

Assistance fordrafting Partnership

Agreements



Thank you

Karl KerschbaumRechtsanwalt (RAK München)Legal Counsel | Research Manager

EU [email protected]

Intellectual Property –Do’s and don’ts

11th October 2016

Natacha Albrecht - [email protected]

Avoid the overload and use the good practices

• If possible, have only one contract or one confidentiality agreement and onecontract

• Be careful with the wording: «consortium» = «société simple» ⇑ clausepointing out that the <<agreement>> ÷ «company incorporation»

• Transfer of the intellectual property ÷ Issuing of a licence


Contract without being hamped

• Confidentiality agreement ≠ Intellectual property contract• Anticipation is possible

• Remain broad as much as possible

• Give as less as possible of the IP• If industrial partner:

• Only in the field of activity of the company

• Keep a non-exclusive and irrevocable user licence for research and teaching

• Recover the IP if the company isn’t interested in it after a certain period

• If several research institutes are involved:• Each of them shall keep his IP on his results

• Common IP on common results


Confidentiality

• Takecareofthepublishingpower⇑ Objection only in case ofconfidentiality problem

• Don’t forecast a too long deadline

• Communication to the authority⇑ foresee the process

• Penalty clause⇑ amount to be negociated according to the risk


Return of the documents

• Return possible = Archive/conserve the files/documents data

• Complete removal impossible:

• Online Back-up is often automatic

• Files on personal computer= no control/no hold

• Ask for a conservation right as data archive

• Pay attention to the data protection


To negociate

• If IP transfer⇑ royalties in case of commercial success

• If assistance to patenting⇑ Significant work⇑ Lump sum remuneration orhourly remuneration

• Licence results (several institutes)


The electronic signature

• Very useful for contracts with several partners around the world

• The signature of an e-mail or a file is legally recognized ⇑ time saver

• Implementation of dedicated software and registration to anorganization(Swiss ID)



Open Science and Data ManagementHES-SO Valais I 11.10.2016

Caroline Vandevyver co-Head Euresearch RO Lausanne Research Office EPFL - Coordinator International Funding

International Funding Open Science

INT | Open Science in Horizon 2020

• Data Management Plan Service @ EPFL

• Data Storage Service @ EPFL

• Open Access Publications @ EPFL


Data Management Plan Service @EPFL


INT | Data Management Plan & Open Research Data

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Project Implementation

Research / Discovery

Analysis

Writing

Publication

Dissemination

Preservation

Re-use

Grant writing and application

Drafting, collaborative

writing

Submission, peer review, journal’s

decision

Describe your dataOrganize your data

Protect your data


INT | Research Data Life Cycle

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Data collection(File naming & versioning)

Data description (metadata&documentation)

Data analysis and visualisation

Data Management PlansRelevant policies

Data storage(storage options,

retention periods, file formats)

Long term preservation

Ethical issuesOwnership and licencing

Data publication (repositories, data journals)

Metrics and impact

FAIR dataData citation

Text and data mining

Source: https://library.sydney.edu.au/research/data-management/research-data-management.html

https://library.sydney.edu.au/research/data-management/research-data-management.html


INT | Funders and Data Management Plans

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From 2017 Open Research Data will bethe default option

Projects will have the possibility to opt-out, providing a justification

1) Write a brief data management section at the submission stage

(part of the evaluation)2) Develop a Data Management Plan

in the first 6 months of the project, and keep it updated

3) Deposit research data in a suitable research data repository, to make it

possible for third parties to access, mine, exploit, reproduce and disseminate data

Horizon 2020Open Research Data Pilot requirements :

Most funders have introduced research data

management policies

Article 29.3


INT | Data Management Plan (DMP)

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Definition and stakes• It refers to all the means and strategies put in place to create, store, share and

preserve research data throughout its lifecycle.• It helps to comply with funders’ requirements• It facilitates the future reuse of data

More specificallyMain sections of a DMP• Data Acquisition (type, size, …)• Data Format (standards, metadata, documentation, …)• Data Sharing (embargoes, IPR, licences, ethical issues, …)• Data Preservation (long term storage, retention period, …)


INT | Data Management Plan Components

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Describe your data

Organize your data

Document your data

Protect your data

Share your data

Archive and preserve your

data


INT | Data Management Plan @ EPFL

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DMP – It reflects scientific excellence and best practice. DMP and RDM are highly

recommended for both H2020 and ERC grants even when it is not yet mandatory per se.

Key Updates for 2017 – Open Research Data is default option, while ensuring opt-

outs.

This means that EPFL researchers and their team will provide a DMP in the first six

months of their project before updating it throughout their project.

RDM training of lab and team is key.

EPFL – Personalized DMP and RDM support Service. [email protected]

mailto:[email protected]



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Guidance and support

A personalized DMP support service has been set up at EPFL since January 2015 and it is operated by:EPFL LibraryVice-Presidency of Information SystemsResearch Office

National cooperationThe EPFL is actively involved in the Data Life Cycle Management project that aims at offering at a national level sustainable and tangible solutions for RDM.

Trainings and expertise

Research data management trainings and workshops are offered by the EPFL Library to community

Expertise on funders’ and publishers’ requirements, data storage, copyright and licences issues is also provided



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Data

Mana

geme

nt Pl

an (D

MP)

Library (SISB) Assist PI with the establishment of the DMP [email protected]

Data Protection Officer (DPO)Ethical approvals for the collection of

personal data by the CER-VD or HREC

[email protected]

Information Systems (VPSI)Establish technical aspects of data

management (infrastructure and programmes) and Audits

[email protected]

[email protected]







12http://library.epfl.ch/research-data/en

http://library.epfl.ch/research-data/en









http://www.inist.fr/donnees/co/Donnees_recherche_web.html

http://www.inist.fr/donnees/co/Donnees_recherche_web.html



15http://research-office.epfl.ch/home

http://research-office.epfl.ch/home


Data Storage Service @EPFL


INT | Data Storage @ EPFL

17Source: G. Anex, storage project


INT | Data Storage @ EPFL: new service since 1st Jan 2015

18

Offer a shared storage service for EPFL users at an affordable cost, which considers current and foreseen needs:• Collaborative and individual storage• Need for a cheap but effective archive• Need to send large files and collaborate on folders• A large portion of the data is written once and rarely read but has to be kept• Data life cycle management is required• Numerous users work locally with no backupDevelop an organizational and a financing model for the service

Source: S. Sarni, storage project


INT | Data Storage @ EPFL: overview of services

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INT | Data Storage @ EPFL: Organization for file storage

20Source: S. Sarni, storage project


Open Access Publications @EPFL


INT | Open Access Publication

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Project Implementation

Research / Discovery

Analysis

Writing

Publication

Dissemination

Preservation

Re-use

Grant writing and application

Drafting, collaborative

writing

Submission, peer review, journal’s

decision



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Providing open access to publications in funded EU projects is an obligation.

Two main OA publishing business models

Self-archiving: deposit of manuscripts & immediate/delayed OA provided by author ("Green OA"), often after embargo period set by the (non-OA) publisher = INFOSCIENCE of EPFL

OA publishing: costs covered & immediate OA provided by publisher ("Gold OA")

Open Access Guide from EC: http://ec.europa.eu/research/participants/data/ref/h2020/grants_manual/hi/oa_pilot/h2020-hi-oa-pilot-guide_en.pdf

ERC email for questions concerning open access: [email protected]

Contact EPFL library if any questions concerning copyright and right on dissemination: [email protected]

Article 29.2

http://ec.europa.eu/research/participants/data/ref/h2020/grants_manual/hi/oa_pilot/h2020-hi-oa-pilot-guide_en.pdf





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http://infoscience.epfl.ch/

“Open Access (OA) literature is digital, online, free of charge,and free of most copyright and licensing restrictions.”

(Peter Suber, 2012)

Always for the readerSometimes for the author

Green Open Access in

Free for both readers and authors Consists in filing a copy of an article (published in a traditional journal) into an institutional or disciplinary

archive.

Acessibility Deposit in a repository

Embargo• Max 6 months for

STM disciplines• Max 12 months for

HSS disciplines

Reporting• Via OpenAIRE




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Green Open Access – Where?2 types of open archives:

• Subject repositories: well-known for some subjects, non-existing for others• Arxiv (physics, maths, computer science...)• SSRN (social sciences)

• Institutional repositories: recording a university’s output• @EPFL: http://infoscience.epfl.ch




26



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Self-archiving

My paper just got accepted in Nature (Nature Publishing Group)o Which version of my manuscript can I share?o Can I deposit my paper into Infoscience or another repository?o Where can I find useful information?

http://library.epfl.ch/en/

http://www.sherpa.ac.uk/romeo/


http://www.sherpa.ac.uk/romeo/



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Embargo periods: If necessary, Infoscience can take care of embargo periods automatically


Hybrid


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“Open Access (OA) literature is digital, online, free of charge,and free of most copyright and licensing restrictions.”

(Peter Suber, 2012)

Always for the readerSometimes for the author

Gold Open Access in

Free for readers and generally fee-paying (APC) for authors

Consists in publishing in a journal of which the entire content is freely accessible.

Funding• APCs eligible for

reimbursement

Deposit in a repository

Reporting• Via OpenAIRE



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Gold Open Access

EPFL authors can benefit from a financial support for the APC of their Gold Open Access publications.

Pilot Project at the Library for 2016http://library.epfl.ch/OA_Support/en

EPFL authors can apply for the reimbursement of 2/3 of the APC (up to CHF 2,500 per publication) under the following

conditions:

Articles to be published in a journal listed in the DOAJ(Directory of Open Access Journals), or OASPA (Open Access

Scholarly Publishers Association)

Open Access Fund

http://library.epfl.ch/OA_Support/en



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• Unprofessionally exploit the Gold OA model for own profit

• Characterized by various level of deception and lack of transparency in their operations

Predatory OA publishers

Ask your colleagues

and the library

Indexed by recognized

bibliographic databases

Fees charged clearly

mentioned

Check the Editorial Board

Members

Read some published articles to

evaluate the quality

Peer-review process clearly

described



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• EPFL faculty are targets of scientific phishing and aggressive marketing

practices related to their scientific activity (research and publishing)

• Invitation to conferences (as a speaker, as a plenary lecturer…)

• Contribution to scientific journals associated with high fees

• Research promotion services for a laboratory, a platform, a research

project or an institute, (often presented as part of current practices of

important international organizations)

Scientific Phishing & Research Promotion Service



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• Be very careful before entering into business with these very

aggressive societies or service providers (furthermore, using public money to

pay fake or unnecessary services contravenes EPFL regulations).

• In case of doubt, contact the Library for publication-related issues or General

Counsel if victim of such practices.

Scientific Phishing & Research Promotion Service


Information

Swiss Research Data Management Day 2016, which will take place on Tuesday, November 29, 2016, from 10h00 to 17h30 at the Rolex Learning Centre of the EPFL in Lausanne:https://www.switch.ch/about/swiss-research-data-management-day/

https://www.switch.ch/about/swiss-research-data-management-day/

Open Data - Policy put into Practice

Workshop Intellectual Property Rights, Data Management and Open AccessHES-SO Valais, 11 October 2016

Matthias Held – Research Promotion Service – University of Fribourg


Open Data - policy put into practice

• Open Science – background and currentdevelopments

• Open Data at the SNSF

• Open Data in H2020

• Available repositories and resources


Open Science

..is the transformation and opening up of science, researchand innovation through Information and CommunicationTechnologies, with the objective of making science moreefficient, transparent and interdisciplinary, and enablingbroader societal impact and innovation




Why Open Data?

• Same moral and economical arguments as forOpen Access to publications

• Solution for the reproducibility problem• Digital data can be mined and re-used to create

new knowledge and innovation• Cost-savings and new community-led initiatives


General (top down) support for the concept

• Governments: Public access to government data(e.g. geospatial data)

• Funders: mandatory requirements for OpenData: EC, various national science foundations,SNSF (soon)

• Publishers: increasing numbers requiring originaldatasets to accompany an article:– Nature:– Specific disciplines (e.g. genomics, chemical

crystallography, atomic physics)


And the researchers?

• Yes and no• Idea is accepted in digital data-heavy

disciplines (e.g. astronomy,genomics)

• Still reservations in other disciplines• Which data should I make available?• How does it work?• Who pays for extra work and curation?• But: advantages , also for researchers

Foto: kebox, fotolia


Open Data at the SNSF

• Implementation on the way• Recent article by Martin Vetterli (14.09.2016):

SNSF is speeding up development:http://www.snf.ch/en/researchinFocus/newsroom/Pages/news-160914-horizons-i-am-frustrated.aspx

• Development of Open Data strategy:Data management plans will become mandatoryCosts for data storage and access will be eligible, soon(phase 2017-2020)


Open Research Data (ORD) pilot in H2020

Legal basis is Grant Agreement(Article 29.1-6)

– «each beneficiary must ensure open access to allpeer-reviewed scientific publications»

– «deposit research data…to make it possible for thirdparties to access, mine, exploit, reproduce anddisseminate free of charge»

– http://ec.europa.eu/research/participants/data/ref/h2020/grants_manual/amga/h2020-amga_en.pdf

X


Key requirements of the ORD pilot• Beneficiaries participating in the Pilot will:

– Deposit data in a research data repository of their choice– Take measures to make it possible for others to access, mine,

exploit, reproduce and disseminate the data free of charge– Provide information about tools and instruments necessary

for validating the results (where possible, provide the toolsand instruments themselves)

• See Guidelines on Data Management in H2020:http://www.gsrt.gr/EOX/files/h2020-hi-oa-data-mgt_en.pdf andhttp://ec.europa.eu/research/participants/data/ref/h2020/grants_manual/hi/oa_pilot/h2020-hi-oa-data-mgt_en.pdf


Which data does the pilot apply to?

• Data, including associated metadata, neededto validate the results in scientific publications

• Other curated and/or raw data, includingassociated metadata, as specified in the DMP

• Doesn’t apply to all data (researchers to defineas appropriate)

• Don’t have to share data ifinappropriate


Data management in Horizon 2020

• Brief Data Management Section for all projectsubmissions part of evaluation

• Data Management Plans (DMPs) mandatory forprojects participating in the Pilot (not part ofevaluation)

• DMPs to be generated within first 6 months ofproject, updates as needed (typically at time ofreview and at project end)


How making data open?

• Choose the dataset(s) to share– What can be made open?

• Apply an open license– Determine what IP exists. Apply a suitable licence e.g. CC-

BY

• Make the data available (costs are eligible)– Provide the data in a suitable format. Use repositories.

• Make it discoverable– Post on the web, get a unique ID, register in catalogues…


“Open as possible, as closed as necessary”


Opting out from ORD pilot?

• Projects may opt out at any stage– If results are expected to be commercially or industrially exploited– If participation is incompatible with the need for confidentiality in connection

with security issues– Incompatible with existing rules on the protection of personal data– Would jeopardise the achievement of the main aim of the action– If the project will not generate / collect any research data– If there are other legitimate reasons to not take part in the Pilot

• Opting out at proposal stage OR during lifetime ofproject

• Issues should be described in the project DataManagement Plan


ORD Pilot: opt-out reasons among proposals• Data: http://data.europa.eu/euodp/repository/ec/dg-

rtd/ORD/Open_Access_Research_Data_Pilot.xlsx• Explanations: https://data.europa.eu/euodp/data/dataset/open-research-

data-the-uptake-of-the-pilot-in-the-first-calls-of-horizon-2020


ORD Pilot: lessons learned by EC

• Stress the fact that researcher has freedom andresponsibility via DMP. Excellent research must includeexcellent data management.

• Confusion: DMP versus data management section atsubmission stage

• Need to state that not everything must be open. Intheory, it is possible to be in the ORD Pilot and not openany data.

• Emphasise flexibility (many opt-out/opt-in mechanisms)• Tools and support needed for data management / DMPs.• It helps to re-frame ORD obligation as "Data

Management Obligation"


Repositories and ressources

• http://bookshop.europa.eu/en/open-innovation-open-science-open-to-the-world-pbKI0416263/


Overview of research data repositories

• EC guidelines point to http://service.re3data.org/• www.databib.org


Specific data repositories

• CERN: http://opendata.cern.ch/

• GenBank:https://www.ncbi.nlm.nih.gov/genbank/


OpenAire

• Open Access Infrastructure for research in Europe• aggregates data on OA publications• mines & enriches it content by linking thing together• provides services & APIs e.g. to generate publication

lists• www.openaire.eu• Video: openaire in 100 seconds:

http://vimeo.com/108790101• gives access to some 13 million publications and

some 16 thousand datasets


Zenodo

• Zenodo (www.zenodo.org) - a multi-disciplinaryrepository that can be used for the long-tail ofresearch data

• An OpenAIRE-CERN joint effort• Multidisciplinary repository accepting

– Multiple data types– Publications– Software

• Assigns a Digital Object Identifier (DOI)• Links funding, publications, data & software


EUDAT services• EUDAT (www.eudat.eu ) offers a pan-European

Data Infrastructure solution• Common data services in close collaboration

with 30+ communities


EUDAT licensing toolResearchers can answer a series of questions todetermine which licence(s) are appropriate to usehttp://ufal.github.io/public-license-selector


Open Data Handbook

• http://opendatahandbook.org/


DMPonline

• https://dmponline.dcc.ac.uk• A web-based tool to help researchers write

DMPs• Includes a template for Horizon 2020


FOSTER• Facilitate Open Science Training for European

Research• Network of open access trainers based on a FP7

CSA• Portal to training materials• E-learning courses on open access and open data• www.fosteropenscience.eu


More helpful links• EC Research &Innovation-Open Science web page :

http://ec.europa.eu/research/openscience/index.cfm?pg=home• EC Guidelines on Open Access to Scientific Publications and Research Data in H2020:

http://ec.europa.eu/research/participants/data/ref/h2020/grants_manual/hi/oa_pilot/h2020-hi-oa-pilot-guide_en.pdf

• EC Guidelines on Data Management in Horizon 2020:http://ec.europa.eu/research/participants/data/ref/h2020/grants_manual/hi/oa_pilot/h2020-hi-oa-data-mgt_en.pdf

• The Hague Declaration: http://thehaguedeclaration.com/the-hague-declaration-on-knowledge-discovery-in-the-digital-age/

• LERU Roadmap for Research Data: http://www.leru.org/index.php/public/news/press-release-leru-roadmap-for-research-data/

• San Francisco Declaration: http://www.ascb.org/dora-old/files/SFDeclarationFINAL.pdf• Research Data Alliance https://rd-alliance.org/• LIBER 10 Recommendation on Getting Started in RDM http://libereurope.eu/wp-

content/uploads/The%20research%20data%20group%202012%20v7%20final.pdf• UK Digital Curation Center – Licensing guide: http://www.dcc.ac.uk/resources/how-

guides/license-research-data

Open AccessOpen AccessH2020, Intellectual Property Rights, Data Management and Open Access

HES-SO Valais-Wallis, Sierre, 11 October 2016Lydie Echernier, collaboratrice spécialisée sur les données de la recherche

① History of the publishing model② Its evolution③ The Problem④ The Open Access Initiative⑤ Open Access as an alternative to the traditional model⑥ Overview of Open Access policies⑦ Researchers’ role in the transition to Open Access⑧ Common misunderstandings about Open Access⑨ Proposed steps to publish in Open Access⑩ Benefits of Open Access

Outline

History of the Publishing ModelWhat has changed?

What is Open Access trying to solve?The Open Access Movement is not new

Nobody said publishing is freeWhat now?

Overview of Open Access policiesYour role in the transition to Open Access

Misunderstandings about Open AccessHow to publish in Open Access?

What do you gain from Open Access?

The scientists sends

his article to a journal

The journal manages

the review process, handles printing, and distribution







① Digitization

② Prices increase

Average pricesin 2015

τ $2,281

τ $1,655

τ $875

τ $856

τ $503

τ $311

② Prices increase







+Universities & funding bodies pay to Do research & report on results

Faculty give away articles & copyright Publishers get money & increase prices

+

Libraries cannot afford journals & students, researchers, don’t have access to the articles

The Problem







1. PLoS Open Letter, 2001

Urged publishers to makepublished research availablefor distribution through freeonline public archives

2. Budapest Initiative, 2002

3. Bethesda Statement,2003

4. Berlin Declaration, 2003

Definition: Open-accessliterature is digital, online,free of charge, and free ofmost copyright and licensingrestrictions

5. Ghent Declaration, 2011

Launch of OpenAIRE







Embargo DoubleDipping

LicensePeerReview ChargesDelay Access ReuseToll

Road

GoldRoad

GreenRoad

Traditional publishing model & alternate options

Free

Free

Gratis

Gratis







1. 100% Open Access by 2020

2. Open Data based on FAIR-principles

1. No restriction in thechoice of journal

2. Deposit manuscript orpublisher’s PDF in arepository (not only onproject website)

3. Maximum embargoperiod of 6/12 months

4. Acknowledge projectfunding, both in thepublication and in themetadata

5. Deposit data forprojects in the OpenResearch Data Pilot

6. Fees eligible forreimbursement

5 Guiding Principles

① Federated and unified approach

② Raise awareness and commitmentof research communities

③ Cost transparency and costneutrality

④Ascertain control and diversity ofscholarly publication process

⑤ Revise quality assessment system

Objectives

1) 80% by 2020

2) 100% by 2024

1. Obligation for OpenAccess

• OA publication, Greenor Gold Road

• Both journal articlesand book publications

2. No later than 6months afterpublication

3. Evidence of thefulfillment of the OAcommitment

4. Eligible costs

New Regulations on information,valorisation and rights to researchresults, applicable 1 October 2016




Your role in the transition to Open AccessMisunderstandings about Open Access

How to publish in Open Access?What do you gain from Open Access?




Your role in the transition to Open Access5 most common and harmful

misunderstandings about Open AccessHow to publish in Open Access?


1) Open Access journals are intrinsically low in quality

2) Open access mandates infringe academic freedom

3) All or most Open Access journals charge publication fees

4) Most author-side fees are paid by the authors themselves

5) Publishing in a conventional journal closes the dooron making the same work Open Access







Deadline for publication

Usage rights

OpenAIREharvests

publications

3

Use thepersistent

identifier foryour reports

Submit publication tojournal of your choice

1

Funder’s requirements

Publisher’s policy

Pay fee if applicable

Deposit Open Accessversion in repository

2

Choose a repository

Manus-cript

Pre-print

Post-print

Tollroad

Goldroad all

OA

Goldroad

hybrid

Reputation

Embargo No embargo

Institu-tionalArODE

S

Discipli-nary Global







Incread Visibility

Open Access Benefits

Incread Citation Rate

Drives Innovation

Global Impact

Public Access

Comply with Funder Policies

Thank you!

Questions? Comments? Contact us at: [email protected]

Workshop on Intellectual Property Rights, DataManagement and Open Access

Sierre, 11th October

Gwënola Dos SantosMelissa Paez

Infothèque HEG

ArODES HES-SO

1.What is ArODES HES-SO

• An Institutional Repository, launched during the Summer 2015

• Aimed at centralising, archiving and promoting thepublications

• Of about 400 researchers from the Business, Managementand Services Faculty of the HES-SO

2

2.MissionsofArODES

• To improve the visibility of the research

• To guarantee a stable access and a long-lasting archiving of thepublications

• To guarantee a wide and fast diffusion of the publications

• To centralize the results of the research of the Faculty

• To facilitate the collection of the performance indicators of theresearch

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3.Globalprocess

4

Transmission of the publication bythe Researcher to his Referent

(1 referent by school)

Transmission of the documents tothe Infothèque HEG by the

Referent through an Excel file

Infothèque HEG librarian proceedsto check copyrights, archive thepaper and assign the indicator

Diffusion

4.HowcanResearchersandProjectmanagershelp?

• By being very clear with the objectives of the repository andthe types of documents that need to be archived in therepository

• By knowing the OA strategies and policies

• By negotiating their licence agreements

• By starting the conversation about OA

• By maintaining a high level of communication between eachactor of the process 5

5.Howcanlibrarianshelp?

• By giving informations about Open Access

• By providing informations about APCs (Article ProcessingCharges)

• By explaining useful tools

• By communicating about the institution’s archiving policy

• By making the Researchers sensitive to the legal aspects andthe negotiation of license agreements

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6.Moreinformation

To get more information about ArODES, the Open Accessmovement or the negotiation of license agreements, visit theweb page of the Infothèque HEG at :

https://www.hesge.ch/heg/infotheque/services/arodes-hes-so

[email protected]

Questions and AnswersQuestions and Answers

1

In the context of H2020 projects, what sort of officialdocument(s) can CH-based researchers refer to in orderto make clear to the EU that CH data protection rules arecompatible with and satisfy the EU data protectionrules/requirements?

IPR: what are the options for managing the ForegroundIP of a research partner within the H2020 program?

What are the different levels of IP and what is theminimum to safeguard? What are the dissemination risks(if any) in the view of IP?

Questions and AnswersQuestions and Answers

How to manage privacy requirements when trying to doopen science?

2

Do I need to reserve funds for project publications in theproposal budget? How much per paper and under whichcost category?

Regarding Open Data: does it mean that we have toupload the data sets created in the project to arepository managed by the EC? Or are we required toshare the information upon request? What is required bythe EC and how do they plan to implement it?

Any other questions?Any other questions?

3

Yenory Morales ChavesConseillère Ra&D fonds européensEuresearch Contact Point HES-SOE-mail: [email protected]: +41 79 523 43 15

Thank you for your attention

www.hes-so.ch4

Documents

Intellectual Property Rights, Data Management and Open Access › data › documents › A-20161011-IPR-DataMan… · Intellectual Property Rights, Data Management and Open Access