Home > Topics > The IP Toolbox > IP and Information Management: Libraries, Databases, Geographic Information Systems, and Software > Editor's Summary, Implications and Best Practices

The increasing prevalence of integrated computer networks and the rapid production and distribution of information on an ever-larger scale have had far-reaching implications for IP management and licensing. The last twenty years or so have seen a virtual revolution in knowledge management, library services, and information resource database configurations. This “information revolution” has had far-reaching implications for authors and writers, media companies, scientists, research organizations, universities, and the general public.

The term “intellectual property” refers to any creation of the mind, including inventions; literary and artistic works; and commercial symbols, names, images, and designs. U.S. laws provide a number of different ways to protect intellectual property. Inventions can be protected by utility patents. Original designs can be protected by design patents. Symbols, names, and images used in commerce can be protected by trademarks. Creative works can be protected by copyrights. In addition to these formal types of IP protection, an institution or firm can protect information by keeping it confidential (a so-called “trade secret”). Of course, every country has its own IP laws, and IP issues can be greatly complicated if data is collected from, or products are sold in, multiple jurisdictions.

Authors’ ownership rights are well demarcated in copyright law, but the ownership of information resource systems is oftentimes less clear. This chapter explains the key terms associated with IP protection and describes the wide range of IP-protection tools that are available.

Geographic Information Systems and Remote Sensing (GIS/RS) systems are composed of a number of components: hardware, software, and various other kinds of protectable components (maps, survey data, aerial photographs, information from land records, computer systems, software, and databases). In addition, GIS/RS systems perform spatial analysis and therefore can be used to create entirely novel sets of data that are also IP-protectable.

This chapter addresses a number of different IP issues that arise in relation to GIS/RS systems. First, the chapter defines important IP terms. Next, it describes the IP-protection tools that are most useful to the software industry (copyrights and trade secrets). This is followed by a section on IP licensing and one on database protection. The chapter concludes by examining two hypothetical situations that involve a number of different IP issues.

Key Implications and Best Practices

Given that IP management is heavily context specific, these Key Implications and Best Practices are intended as starting points to be adapted to specific needs and circumstances.

For government policymakers

• When drafting copyright legislation, consider including a version of the U.S. Fair Use Clause (analagous to the research exemption in patent laws).
• Simultaneously establish both copyright legislation and contract laws. Such laws should protect natural and cultural resources yet not hamper a country’s interactions with the global community.
• Consider including provisions for trade secrets in national IP legislation.
• Geographic Information Systems and Remote Sensing can be a valuable tool if a country wishes to systematically exploit its biodiversity and traditional knowledge resources.

For senior management (university presidents, R&D managers, and so on)

• Employees should be educated in IP issues (legal issues, law enforcement issues, IP management issues, and so on). A properly educated technology transfer office staff is invaluable.
• Your IP management system will regularly deal with contractual issues (in other words, determining who owns the IP produced at your institution).
• Consider establishing a formal procedure for double-checking IP regulations and restrictions. Even if information use is unrestricted in your country, it may be restricted in countries where you hope to market your products.

For scientists

• Know the origin of any information you use, no matter how insignificant it might seem … and then document this information appropriately.
• If you are not sure whether or not you have the right to use certain information, consult your institution’s technology transfer office.
• If you aren’t sure whether or not your work is original, again consult your institution’s technology transfer office.
• Attend any IP training courses that your institution provides.

For Technology Transfer Officers

• Freedom-to-operate (FTO) may be hampered by the presence of copyrights, patents, and material transfer agreements. Hence, you may need to obtain third-party approvals in order to proceed. If other institutions or collaborators are involved in your project, make sure you know what rights they have to the intellectual property in question.
• Institute and implement protocols and systems for data management, storage, and protection. Information that appears trivial or anecdotal may actually be of considerable value. Therefore, be certain that all information is carefully documented and catalogued in a retrievable format/system.
• Know whether the contract between your institution and your donor agency contains any restrictions on IP ownership or use.
• Become familiar with your institution’s policy regarding copyright ownership, as detailed in the staff employment contract.
• Your office has many responsibilities: managing your institution’s intellectual property; conducting licensing; interacting with external institutions, colleagues, and partners; raising IP awareness in employees; and building IP capacity.