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Please use this identifier to cite or link to this item: http://hdl.handle.net/1807/18302

Title: University Reserach Data: A Coasian Approach to Determining Rights
Authors: French, Gregory
Advisor: Katz, Ariel
Department: Law
Keywords: Intellectual Property
Issue Date: 18-Jan-2010
Abstract: There is a problem with determining rights to research data created or compiled in science research labs at Canadian universities. Unlike many copyright and patent issues that arise on university campuses, the law is unsettled with respect to rights to research data. This is primarily due to two factors: the uncertain legal status as to facts, which would include research data, and the differences in norms and academic traditions that exist. Some universities have implemented polices in an attempt to resolve the issue. However, the policy response has been confusing and inadequate. This thesis considers a new theoretical approach to the problem. The Coase Theorem is analyzed to determine what lessons can be applied to a university environment. The conclusion is that from the three main parties who would normally have claims to rights in research data – a professor, graduate student(s), or the university itself, the default rule should be to assign the initial ownership rights to the professor with a right of use to the graduate student(s), for research and publication required as part of her degree/program. The acquisition of additional rights would be the subject of negotiations between the parties.
URI: http://hdl.handle.net/1807/18302
Appears in Collections:Master
Faculty of Law - Master theses

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