Open Access and IP

It is sometimes alleged that open access is in conflict with Intellectual Property Rights (IPR), e.g. patenting. This is not the case. Researchers need to make the decision on whether they want to commercially exploit the results of their research or not – in the first case they will decide to protect their IPR, in the second case they should go down the open access route.

It is also important to note that

  • Open access publications go through the same peer review process as non-open access publications;
  • Open access does not entail an obligation to publish: it is up to researchers whether they want to publish some results or not.

More detailed information

IPR aspects of Open Access Jakub Míšek Institute of Law and Technology, Masaryk University (NCP Network) http://www.ncpacademy.eu/wp-content/uploads/2017/05/20170427_IPR-aspects-of-Open-Access.pdf

OECD LEGAL ASPECTS OF OPEN ACCESS TO PUBLICLY FUNDED RESEARCH https://www.oecd.org/sti/ieconomy/Chapter7-KBC2-IP.pdf

Feldman and Nelson Open Source, Open Access, and Open Transfer: Market Approaches to Research Bottlenecks https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?referer=&httpsredir=1&article=1076&context=njtip