OPEN ACCESS AND INTELLECTUAL PROPERTY: BALLANCING THE INTERESTS

Reinis Markvarts, University of Latvia Development and Planning department

PhD student, Univesity of Latvia Faculty of Law

Open Access: Maximising Research Quality and ImpactUniversity of Latvia 22/10/2009

History of open access as well as intellectual property dates back to 15th century

What might be the connecting event?

Emergance of printing press- Wider access to knowledge

- Protection of publishers copyright

- Patents for (publishing) devices

Why there should be open access?

- Higher research impact due to wider availability of publications

- Non economic rewards for researchers

- Research funded by public should be available to public

What is intellectual property (copyright, patents) for?

- Economic rewards authors and inventors

- Incentives for creative work and investment in innovation

- Dissemination of new knowledge avoiding secrecy

The goals of open access and intellectual property are sometimes incompatible

This may lead to two undesirable outcomes..

Tragedy of the commons Hardin, Garrett (December, 1968). "The Tragedy of the Commons", Science

free access and unrestricted demand for a resource ultimately reduces the resource through over-exploitation

Tragedy of the anticommons Heller, Michael (January 1998). "The Tragedy of the Anticommons". Harvard Law Review

the existence of numerous rights holders complicates achieving a socially desirable outcome, the resource is underused

Clashing values- Openeness of scientific comunity, sharing of research results

- Commercial exploitation of research results, economic interests of university management, private parties

In research contracts with commercial partners there might be restrictions on dissemination of results (confidentiality)

At best publication will be delayed until patent is filed

Sometimes even lawmaker is not sure which approach is better..

Example: Copyright and open access collision in Latvian law

Should there be free access to PhD thesis?

At least two weeks before the defence of a doctoral thesis, the

university shall ensure its public availability on the Internet The Cabinet of Ministers’ Regulation No. 1001 of December 30, 2005, On the

Procedure and Criteria for Awarding a Doctoral Degree (Doctorate)

The right of an author is to permit or prohibit the use of his or her work and receive remuneration for its use may be restricted in cases specified by this Law.

The Law on Copyright of Latvia

authors’ interest in protecting their copyright- copyright establishes an author’s exclusive right to decide whether to

publish the work

society’s interest in publishing theses on the Internet - in allowing free access to the work society is indifferent in copyright

Which movement is wider?

Open access which accepts that there shouldn't be any restrictions on ideas and recourses,

or

Intellectual property which accepts that access to ideas and recourses should be restricted

Phrase Search resuts in Google.com

“Open Access Day” 137,000

“Intellectual Property Day“ 27,300

“Open Access Week“ 229,000

“Intellectual Property Week” 20,800

Thank you for interest!

Any questions?