Ethics and Intellectual
UNIT 15 ETHICS AND INTELLECTUAL Property Rights
PROPERTY RIGHTS
Structure
15.1 Introduction
15.2 Objectives
15.3 Requisite for Ethics in Research
15.4 Ethical Issues Related to Confidentiality
15.4.1 Confidentiality
15.4.2 Anonymity
15.4.3 Challenges in Confidentiality
15.5 Ethical Issues Related to Publication, Reproducibility and Accountability
15.5.1 Publication
15.5.2 Authorship
15.5.3 Peer Review
15.5.4 Plagiarism and Self-Plagiarism
15.5.5 Citation and Acknowledgement
15.5.6 Reproducibility and Accountability
15.6 Copyright and Related Rights
15.7 Royalty
15.8 Reproduction of Published Material
15.9 UGC- Consortium for Academic Research and Ethics
15.10 Intellectual Property Rights (IPR)
15.11 TRIPS -Trade-Related Aspects of Intellectual Property Rights
15.12 Let Us Sum Up
15.13 Key Words
15.14 Suggested Further Reading/References
15.15 Answers to Check Your Progress
15.1 INTRODUCTION
The researcher is fully responsible for the ethical conduct and publishing of
their research. Research ethics refers to the application of basic ethical
principles to scientific research (Thomas, 2017). Research ethics is defined as
the norms or set of principles for the conduct of research that differentiate
acceptable and unacceptable behaviour. This set of principles helps the
researchers to guide their research designs and [Link] Chief Justice of
the U.S. Supreme Court,Justice Potter Stewart quoted that ethics is
understanding how to differentiate between the right of doing and doing
right. The researcher should familiarize themself with the ethical principles 385
Scientific Report involved in research planning to the publication process. This helps the
researcher tostrictly follow necessary precautions to avoid any type of
misconduct during research and in publication. This unit has been aimed at
discussing the importance of ethics in research and publication. The unit also
focuses on various ethical issues related to confidentiality, publishing,
plagiarism, citation, reproducibility, copyright and intellectual property
rights.
15.2 OBJECTIVES
After studying this unit, you should be able to:
explain the significance of ethics in research;
explain ethical issues in research conduct and publication process; and
explain the legal initiatives to protect intellectual property rights.
15.3 REQUISITE FOR ETHICS IN RESEARCH
The public considers thefindings published by the researchers in various
research communications are completely correct and unique. So, it is the
responsibility of each researcher to follow certain ethics in their work fields.
The maintenance of integrity in academics and quality in research lies with
ethics. The researcher should follow and spread the ethical values involved in
the conduct and publishing of research (Flick, 2014;Patwardhan et al., 2020).
The Second World War has become a landmark in research ethics with the
formation of the Nuremberg code against the conduct of medical research at
concentration camps. The Nuremberg trials led to the formulation of the
Nuremberg code, in 1947 to prevent abuse of human participants in research
(NIH, 2008). Motivated by this code, World Medical Association (WMA)
adopted the Declaration of Helsinki in June 1994 which provided direction to
those involved in research on human subjects. Many revisions were
subsequently made to govern the ethical aspects of human research.
The scientists and researchers must consider and follow the ethics in research
and should adhere to the code of conduct during their research work
[Link] responsible conduct of research (Shamoo and Resnik, 2015)
lies with the following points:
• Honesty and integrity
• Protection of human subjects
• Care of lab animals
• Respecting Intellectual Property Rights
• Objectivity
• Data Management
• Responsible publishing
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• Confidentiality Ethics and Intellectual
Property Rights
• Avoid plagiarism
• Openness
• Avoid scientific misconduct
Intellectual honesty is an inevitable factor in good research practice. It is also
involved with the prevention of misconduct in research by following
publication ethics. The proper research planning and research design had an
integral role in conducting good research. Apart from the study design and
ethical approval, the other issues related to research ethics are confidentiality
issues, inappropriate data (fabrication and falsification) and improper analysis
of data, reproducibility, inappropriate authorship, overlapping publications,
and various types of plagiarisms, improper citations and acknowledgements.
15.4 ETHICAL ISSUES RELATED TO
CONFIDENTIALITY
The human subjects in research completely need privacy and dignity. Privacy
refers to the individual right to prevent accessibility of others to personal
details, thoughts and health-related information (McCabe, 2004).
15.4.1 Confidentiality
Confidentiality refers to removing all the information related to the
identification of participants from the research report, even though the
participants and their details are very much known to the researcher. The
identifying information is being hidden from everyone to prevent the
personal data of participants to be used by other [Link] will help to
build up trust between the respondent and the researcher, maintaining dignity
and providing respect to the respondent.
The steps taken to protect data privacy and maintain confidentiality are:
- Storage of research records securely and with limited access
o to signed consent files in a locked file drawer. This will prevent
the threat to data open to all.
o Password protection to all files with survey data. This will make
sure the data access only by those approved researchers.
- Eliminating or giving codes for the identifying information of
respondents
- Dissemination of research results without any personal details of
respondent
- Informed consent from participants for publicizing the research
findings involved personal information
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Scientific Report Confidentiality should be secured in all probable means if the researcher
cannot follow anonymity in data collection. The general guidelines for
exceptions to maintain confidentiality are consent from the respondent, court
order, continued treatment of a patient, compliance with the law and
communication of a threat (Merideth, 2007).
15.4.2 Anonymity
In the case of anonymity, the personal information details of participants are
not collected and the participants are non-identifiable in [Link]
respondent of the research subject will be continued to be unidentified
throughout the research and after the completion of the research
[Link] the anonymity standardconfirms the confidentiality of the
personal identity, maintaining anonymity is not an easy task. The participants
involved with the research need to be studied multiple times, more chance of
personal exposure and hence revealing anonymity is higher. There is a need
for adequate care and a high requirement for the proper anonymity of human
subjects.
15.4.3 Challenges in Confidentiality
The protection of the respondents from their identification based on their
beliefs, diseases and habits used in research is the responsibility of the
researchers. Privacy protection starts with the framing of research work,
continues throughout the research and extends also to publication and dataset
sharing. Confidentiality and anonymity play a significant role in safeguarding
the privacy of human subjects or respondents in the research.
The right to privacy is an important right of all the participants. The need is
there to maintain the confidentiality of collected respondent data throughout
the research period. The personal data of the participants should be protected
for a long time during its storage and usage is very much essential. The
information of the respondent has not been shared with anyone at any point in
time. The researcher should give special care to the respondents of the
vulnerable population involved in research related to HIV/AIDS, genetic
disorders, and physical and mental diseases.
Focus group discussion is an issue in research ethics with confidentiality and
anonymity of respondents. The risks are involved in complete guaranteeing
[Link] research design is not favourable to confidentiality. All
the respondents in the group should agree to keep the discussion confidential
and respect each other's privacy through an informed consent process. So, at
the beginning itself, the participants are informed about this by the researcher
who also informs them of the need for their support to assure confidentiality
or anonymity.
The researcher has to make attempts to reduce and inform the participant
about the risk involved is mandatory. The privacy protection of respondents
is the duty of all associated with the research- researcher, respondents,
support staff and those involved in publishing research. The breach of
388 confidentiality is not accepted at any cost.
CHECK YOUR PROGRESS 1 Ethics and Intellectual
Property Rights
Note: i) Use the space given below for your answers.
ii) Check your answers with those given at the end of the unit.
1. Enlist the basic principles of responsible conduct of research?
……………………………………………………………………………….
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15.5 ETHICAL ISSUES RELATED TO
PUBLICATION, REPRODUCIBILITY AND
ACCOUNTABILITY
Research ethics is not only related to research conduct, data collection and
analysis but also related to the publishing process. The preparation of
publication includes ethical issues such as fraudulent publication, authorship
credit, plagiarism andcitations (Malone, 1998).
15.5.1 Publication
The fraud publication can be intentional (if it is aimed at any form of gains)
or unintentional (publishing incorrect data due to negligence or carelessness).
Sometimes the researcher intentionally publishes the research work having
overlaps in the publications. The duplicate or redundant publication refers to
those overlapping publication which was already published and not referred
to the first one (Mutch, 2011). Salami publication refers to those publications
which are part of a single research process just to increase the volume of
publications (Abraham 2000). Another important issue is predatory journals
that publish most of the submitted articles without proper reviewing based
only on payment (Patwardhan and Desiraju, 2020).
15.5.2 Authorship
An author of a research publication is the person who is actively involved in
conceptualising and designing the research, conduct of research, data
analysis, and interpreting and writing the research paper (Council of Science
Editors (CSE),2012). The author contributes intellectually to scientific
content and moulds the research in a presentable and understandable form
(Winston, 1985).
Sometimes, the authorship is credited to those persons who have not even
contributed to research in any way. The disputes on academic integrity are
avoided if, at the beginning of the research project itself, a clear idea of
credits given to the authors, contributors and persons to be acknowledged is
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Scientific Report finalized. The persons involved in mere data collection, grammar and
language editing and formatting are not eligible for authorship. So, care
should be taken to implicit the guidelines to authors given in the
[Link] career advancement lies with publications and driving
forces like publish or perish, respect and fame stimulate authorship
determination (Anderson and Boden, 2008; Mandal and Parija, 2013).
The ethical issues related to authorship are multiple authorship, authorship
misconduct, and inappropriate authorship (Kempers, 2001)
[Link] Multiple Authorship: Nowadays, most papers are written by
multiple authors. It is also known as co-authorship or shared authorship.
Multiple authorship is defined as publication by two or more named persons
(Macfarlane, 2017).The first author is the one who has contributed much to
research work and writing papers, and who is supposed to receive more
credit. The corresponding author is also given equal importance as his or her
contribution is also significant. The co-authors are given the order of
authorship as per their contribution, alphabetical or any other criteria
(Tscharntke et al., 2007).
In the case of multiple authors, only one person is given the first or principal
authorship and sometimes co-authors have given the positions either in terms
of seniority or alphabetical order without considering their actual
[Link] multiple authorships may lead to the issue in the order of
sequence of their authorship that reflects their contribution (Regaldo, 1995).
[Link] Authorship Misconduct: The misconduct and misbehaviour related
to authorship conflicts are presenting the idea or work of friends or
colleagues as our own, causing harm intentionally to other's research, and
projecting our own fabricated and fraudulent research as more efficient
(Smith et al., 2020)
15.5.2.4Inappropriate Authorship: Inappropriate authorship is an unethical
behaviour related to the publishing of research papers. The common
inappropriate authorships are guest and honorary authorships.
Honorary Authorship: It is also known as gift authorship. It refers to
naming someone as an author without any type of contribution to research
and he or she has not been eligible to meet any criteria for being an author.
He has nothing contributed to credit for his public responsibility (Rennie and,
Flanagin, 1994; Wislar et al. 2011; Zaki, 2011,). It is giving credit to those
not qualifying for authorship. In other words, giving undue credit to a person
as an author who has contributed nothing to the [Link] authorship is
another unethical matter with authorship in research ethics. The researchers
are forced to add the name of a person with no contribution, just for future
funding, grants or any other gains (Bavdekar 2012).
[Link] Ghost Authorship: It refers to not giving credit to those persons
who have actuallycontributed a lot to the research work and purposefully
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ignored during the listing of authors. It is the opposite of honorary Ethics and Intellectual
Property Rights
authorship.
15.5.3 Peer Review
[Link] Types of Peer Review
Peer review is the system that evaluates the quality of a manuscript before
publication. The editors take the help of reviewers who are independent
researchers for checking the originality, validity and significance of the
manuscript. The different types of peer revieware:
- Single-blind peer review process: The identity of the authors is known
to the reviewers but authors may not know the reviewer(s) identity.
- Double-blind peer review where both the reviewer and author
identities are hidden.
- Open peer review where both the reviewer and author identity
areknown to each other
- Transparent peer review
Besides these common peer review types, there are other styles such as triple-
blind, transparent, collaborative and post-publication peer [Link]
selection of peer reviewers by the editors is crucial in getting high-quality
review reports on the manuscript for publication in a journal (Black et al.,
1998).
[Link] Ethical Issues related to Peer Review
The ethical issues associated with the peer review process (Rockwell, 2014)
are
- The manuscripts under review are completely confidential and are
mandatory for the reviewers to maintain the confidentiality of data
and avoid its use for their research publication.
- The expertise of the reviewer, time spent on review and reviewers
affect the quality of the review process.
- The reviewers may have a real or apparent conflict of interest by
being co-author, same institutional affiliation, collaborator or have
acknowledged for their help in the manuscript.
- Editors also face a conflict of interest from institutional affiliations
and collaborations and personal relationships.
- Financial conflicts of interestare also considered research misconduct.
15.5.4 Plagiarism and Self-Plagiarism
[Link] Plagiarism
Plagiarism is one of the common and widely seen ethical challenges faced by
different academic and research organizations that have been committed by
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Scientific Report students, teachers or scientists in the communication of research(Debnath, E
2016; Thomas, 2017). Plagiarism means using the intellectual work of others
as our own and consists of stealing an idea, interpretations, opinions, or
paragraphs and sentences in books and papers, without proper
acknowledgement (Jenn, 2006; Sinha et al., 2009). Sometimes that is
unintentional, but copying any work of others with no credits to the correct
owner comes under stealing as it causes harm to those researchers (Traniello
and Bakker, 2016).The ‘cut and paste’ from internet sources, changing the
order of words, not acknowledging others' work and taking up the credit by
own are also examples of plagiarism.
Types of Plagiarism
Burg et al. (2007) categorised plagiarism into wholesale plagiarism and
mosaic plagiarism.
Wholesale Plagiarism: Wholesale plagiarism where stealing the complete
material owned by someone and submitting it in their name. This practice is
mostly seen among students for submitting assignments. It is a 'blatant' type
of plagiarism students commit to gain grades or marks.
Mosaic Plagiarism: It has three subtypes- verbatim, conceptual and
structural plagiarism.
Verbatim Plagiarism: The words or phrases are copied from the
source without any quotations (Burg et al., 2007). It refers to
copying word for word or unacknowledged direct quotation
(Worthington, 2014).
Conceptual Plagiarism: The person steals the concept in terms of
ideas or facts from a source without citation (Meo and Talha, 2019).
It is the plagiarism of ideas.
Structural Plagiarism: This type of plagiarism refers to paraphrasing
by changing the words or phrases in a sentence without any citation
of the source (Weber-Wulff, 2014).
The other types of plagiarism are plagiarism of secondary sources when the
data was taken from a secondary source and plagiarism of authorship when a
researcher puts his or her name as author in place of the original author (Meo
and Talha, 2019).
Debnath (2016) reported the major reasons for plagiarism are ease in
information accessibility, publication pressure for career advancement, low
confidence, poor writing skills, rapid manuscript preparation to achieve the
target and lack of awareness.
[Link] Self-plagiarism
This is another ethical issue associated with someone republishing or re-
submit his or her own already published paper without proper citation of
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original work (Bretag and Mahmud, 2009). The researcher is benefited from Ethics and Intellectual
Property Rights
the presentation of ideas as new one though it has already been published
earlier (Bruton, 2014).Duplicate publication is the most common type of self-
plagiarism. It also includes redundant publication, augmented publication and
salami fragmented publication (Roig, 2010). It may lead to infringement or
piracy of copyright of the earlier publisher and ethical code [Link]
violating ethical code is extreme when a researcher duplicates the complete
set of data,treatments, or even the paper. This is noticeable from papers of
different years of publication, but with a common author. Sometimes these
papers have different outcomes.
[Link] Plagiarism Detection Tools
In the present scenario, there are many ways to check plagiarism and control
the copying of others' work using plagiarism detection software (Meo and
Talha, 2019).The plagiarism checking softwareis either paid or free- of cost
(Naik et al., 2015).
Some of the paid plagiarism detection software are
iThenticate ([Link]
Turnitin ([Link]
Ephorus ([Link]
Urkund ([Link]
Plagiarism Scanner ([Link]
Some examples of free onlinesoftware are
Duplichecker Checker ([Link] com)
Viper ([Link]
Plagium ([Link]
Plagiarism Checker ([Link]
CHECK YOUR PROGRESS 2
Note: i) Use the space given below for your answers.
ii) Check your answers with those given at the end of the unit.
1. How gift authorship differs from ghost authorship?
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Scientific Report 2. “Duplicate publication is a type of self-plagiarism”. Discuss.
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15.5.5 Citation and Acknowledgement
[Link] Citation
The citation refers to the practice of providing notations in the text of a paper
which helps to identify the proofs or sources of what we claim and are
helpful for further research ([Link]
citation-practices).It is documentation of a particular source that had an
impact on the research [Link] citation itself is an acknowledgement of the
researcher for the source in a particular context that provides a summary of
data about an article, journal, book or website for easy accessibility to any
other researcher ([Link] The citation is
represented either as numbers in parentheses or superscript as per American
Medical Association style or a single author’s last name or first author’s last
name or last name of two authors subsequently followed by a year as per
American Psychological Association. The citation is normally seen as an in-
text citation, as footnotes or as endnotes.
A detailed reference list was given at the end of the paper with a list of
authors, year of publication, the title of - the article, book chapter, book,
technical report,journal title, volume and issue number, page numbers and
publisher. In case of online related references have additional information
like DOI (Digital Object Identifier) and URL (Uniform Resource Locator) at
the end of the reference.
Ethical Issues related to Citations
The ethical issues related to citations are
- Fail to cite the original author- because of the journal's limitation in citing
many references in an article
- Authors' tendency to manipulate references in an improper manner
o Irrelevant citation of big leaders (Patwardhan and Desiraju, 2020)
o to back up his results with only supporting references
o citation stuffing with own work without any relevance
o to improve the impact factor of journals and own article citations
o Journal editors force the authors to add articles from their journal
o Coercive self-citation (Wilhite & Fong, 2012)
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[Link] Acknowledgement Ethics and Intellectual
Property Rights
The content of acknowledgements may include pre-formulated financial
disclosure statements, gratitude to persons for technical help, editing and
reviewing (Paul-Hus and Desrochers, 2019; McCain, 1991; Weber and
Thomer, 2014). Mostly in the acknowledgement section the author thanks
non-author contributors or collaborators related to research work and paper
writing for expertise and assistance. There is no established format for
acknowledgement. Sometimes the acknowledgements had exaggerations and
overemphasis on a particular person, facilities or institutes (Hollander 2001).
The issues related to acknowledgement include the personal touch covering
up the actual contributions, spelling mistakes of persons, and funding
agencies (Jeschin et al.,1995; Rigby 2011).
15.5.6 Reproducibility and Accountability
[Link] Reproducibility
Reproducibility is an important part of good science that ensures the ability
ofthe researcher to reproduce the same results with repetition of experiments
multiple times (Popper 1959;Resnik and Shamoo, 2017;Essawy et al. 2020).
Reproducibility refers to the accurateness and consistency of results over
time and researchers (Segers et al., 2010). It is a part of precision testing with
the ability to recalculate a figure from data, parameters and programs
(Schwab et al., 2000; Lister, 2005). The benefits of reproducible research
(Alston and Rick, 2021)are
Researchers can explain clearly the experimental procedure and the
reason for the experimental performance.
It helps researchers to be rapid and modify analyses and figures if
required, which saves time.
It enables researchers well prepared for their next research work and
quick reconfiguration of previously conducted research tasks for
another research work.
It provides confidence and trust among fellow researchers and peer
reviewers.
It also brings high paper citations.
Ethical Issues with Reproducibility
The deviation in reproducibility in research is due to some lacuna in
experimental design, variation in experimental materials, quality and integrity
of data, data fabrication or falsification, and error in statistical data analysis
(Landis et al 2012, Shamoo and Resnik 2015, Shammo, 2016). The scientific
misconduct results in retractions of the publications (Fang et al., 2012). The
reproducibility is also limited by complexity, changes in technology, manual
errors, instrumental errors and publishing rapidly the novel research results to
protect intellectual property rights.
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Scientific Report [Link] Accountability
Accountability refers to the obligations of the researcher or organization who
are responsible for the decisions and actions based on the performance and
behaviourto explain judgements of different stakeholders in research (Beu
and Buckley, 2001; Saeed, 2020). It gives assurance of readiness and
preparedness for the evaluation of an individual by the audience
([Link]).It is the responsibility of the researcher to
avoid biases, design the wrong research methodology, and report incorrect
data and unsuitable use of information (Yip et al., 2016). The fabrication and
falsification of data are serious fraud in research and publication (Scott-
Lichter, 2012).
15.6 COPYRIGHT AND RELATED RIGHTS
The copyright refers to the legal rights that artists hold over their literary and
creative works ([Link]; WIPO, 2016; Maurya, 2021). Copyright is
one of the important aspects of intellectual property rights. The two types of
rights are protected by Copyright - economic rights (owned by the author to
get the financial rewards from users of his or her work) and moral rights (let
the creator take actions to protect their link with the work) (WIPO, 2016).
The following are protected by copyright- Books, music, paintings,
sculptures, films, computer programs, databases, advertisements, maps, and
technical drawings (Thomas, 2017; Maurya, 2021). The copyright is hence
meant for artistic work, cinematographic work and original literary work
(Rao, 2021). The Copyright Act, 1957 and Copyright Rules, 2013 (amended
in 2016) play a significant role in the protection ofthe work such as original
literary, dramatic, musical and artistic works and cinematograph films and
sound recordings from unauthorized usesin India (WIPO, 2016;
[Link]). The primary objective of copyright laws is to protect the
author's work and to encourage and remunerate original and creative
contributors (Monika and Malik, 2022). The copyright law gives the right
solely to the content creator. The law aimed to have a balance between the
interest of the creator and the public (WIPO,[Link]). The copyright
law prevents others from stealing, copy-pasting, creating another work from
others' work or simply claiming others' work as their own (Thomas, 2017).
Creativity is essential for the progress of sustainable development of society
and innovations and creativity need to be protected ([Link]).
The duration of copyright protection in India as per the Copyright Act, 1957
is 60 years. The five amendments were made to Copyright Act, 1957 during
1983, 1984, 1992, 1994, 1999 and 2012 after its implementation in 1958
(Copyright Office, GoI). The Copyright (Amendment) Rules, 2021 were
recently notified by the Ministry of Commerce and Industry (Department for
Promotion of Industry and Internal Trade), GoI Notification, 2021.
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In the open access journals, there is free online access and permission to use Ethics and Intellectual
Property Rights
the information for any responsible use with citation. The authors can choose
from the following towards copyright (Hoornand and van der Graaf, 2006)
Retain it - an early Open Access copyright model where the author
keeps the copyright
Share it - with a Creative Commons licence where the author shares
the copyright
Transfer it (partly) - traditional journals that go Open Access where
the author transfers only the commercial exploitation rights to the
journal publishers
The violation or infringement of copyright law can be minimized or
prevented by fair use or by taking copyright permissions from the author
(Joseph et al., 1996; Freund, 2016). The exemptions to copyright law to use
the work without any permission from the owner of copyright includes use
for research, study, criticism, review and news reporting, in library and
schools and the legislatures ([Link]).
15.7 ROYALTY
The royalty refers to earning income by the creator or author for the
copyrighted work from the licensee (Watt, 2006; Mohammadi, 2011;
Johnson, 2015). The royalty owned by the holder of copyrighted material
helps him or her to earn the best remuneration accessible in the market from
the licensee who wishes to use it for financial gains (Watt, 2006).
The mutual agreement between the copyright holder and the licensee leads to
legal binding in terms of royalty contracts by confirming a specific rate of
payment towards royalty. The 'running royalty' term was usually used to
denote the earnings by licensor throughout the life as a per cent of sales or as
a fixed amount (Sung, 2006). The rate of royalty payment to the author
differs and up to 10% is the benchmark offered to the author by most
publishers. The chances for an increase in royalty rate are also high once the
sale has increased, as initially, the publisher's effort is to cover up the
expenditure incurred for publishing the work (WIPO) and so the author earns
less initially.
15.8 REPRODUCTION OF PUBLISHED
MATERIAL
The understanding of which published materials are to be acquired
permissions and which do not need any permissions is very important. The
copyrighted publications in any form or any part have not been able to
reproduce without any written permission or consent (Scharle and Szabó,
2000). But no permission is needed for reproducing published material which
does not have any copyright.
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Scientific Report Nowadays the publisher makes it mandatory for authors to seek written
permission before reproducing any copyrighted material in their article for
submission. The permission request form is available under the 'Permission
and Reprints' page on websites of many publishers like Elsevier, Springer,
Science, etc. Permission is very much required to use the matter from
copyrighted materials such as figures, images and tables from articles in
journals, newspapers and magazines, books as such or chapters in books,
websites, photographs, and any artworks, logos, and advertisements (George,
2017).
The confirmation in the form of written permission or consent should be
obtained from the copyright holder to avoid copyright infringement. The due
credit should be given to the original author if we are using the earlier
published work by mentioning his or her name or name of the organization
with the published year in the text and detailed bibliographic data in the
references. The facts and information which is known by many people and
are possible to verify from different locations come under common
knowledge and they do not require citations. The examples are as follows:
your observation and experience, historical events, folklore etc. It would be
better to cite the sources or give a list of reference sources from which the
common knowledge was found to avoid any ethical issues. The copyrighted
material can be used by following fair use or in the public domain or Creative
Commons licenses are applied to them.
The public can follow the principle of fair use of copyrighted material
without written permission for criticism, comments, teaching, etc.
(Pappalardo and Fitzgerald, 2015). Creative Commons (CC) licenses are
considered a good solution for copyright protection in the digital era (Kim,
2007). The CC licenses free distribution and non-commercial use of
copyrighted material by retaining copyright
([Link] The six major CC licenses
(Source:[Link] Courtney and Slater, 2018)
are:
i) Attribution (CC BY)- allows the free use and even for commercial
purposes with citation of original work.
ii) Attribution-ShareAlike (CC BY-SA)- allows the free use and even
for commercial purpose with citation of original work and have the
same license applicable for the new work.
iii) Attribution-NoDerivs (CC BY-ND)- allows the free use and
even for commercial purpose with citation of original work but
restrict sharing
iv) Attribution-NonCommercial (CC BY-NC)- allows the use but not
for commercial purpose with citation of original work
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v) Attribution-NonCommercial-ShareAlike (CC BY-NC-SA)- allows Ethics and Intellectual
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the use but for non-commercial purposes with citation of original
work and can have a similar license for the new creations.
vi) Attribution-NonCommercial-NoDerivs (CC BY-NC-ND)- allows
only downloading and sharing with citation without any change or
commercial use
15.9 UGC-Consortium for Academic Research and
Ethics
To ensure and promote the quality and integrity of research and following
publication ethics in Indian Universities, University Grants Commission has
established Consortium for Academic Research and Ethics(CARE).It aimed
at improving the research ethics in the conduct and publication (Patwardhan
and Thakur, 2019; Patwardhan and Desiraju, 2020;[Link]
book/Academic%20and%20Research%20Book_WEB.pdf). The list of
quality journals in different disciplines was monitored continuously and
updated. The new journals are analysed and included only after following the
validated procedures by the UGC Cell established at Savitribai Phule Pune
University, Pune (Patwardhan and Thakur, 2019).
15.10 Intellectual Property Rights (IPR)
Intellectual property (IP)refers to ideas, inventions, and creativity of mindthat
hadgiven the readiness of the public to grant the status of the property (Saha
and Bhattacharya, 2011; Inda, 2021). World Intellectual Property
Organization (WIPO) defined Intellectual property as creations of the mind,
such as inventions, literary and artistic works, designs, symbols, names and
images used in commerce (WIPO, [Link]
Intellectual Property Rights (IPR) provide the right to the author for their
creativity (Shukla et al., 2022). Copyright is one of the significant parts of
intellectual property rights (Monika and Malik, 2022). The major types of
intellectual properties (Saha and Bhattacharya, 2011) are:
Patents: It is an exclusive right granted to an inventionwhich is a
product or a process that provides, in general, a new way of doing
something, or offers a new technical solution to a problem
(WIPO,[Link]
Industrial Designs: Features of any shape, configuration, surface
pattern, the composition of lines and colours applied to an article
([Link]/Documents/[Link])
Trademarks: Itis a sign capable of distinguishing the goods or
services of one enterprise from those of other enterprises by any
mark, name, or logo (WIPO, [Link]
399
Scientific Report Copyright: Expression of ideas in material form and includes
literary, musical, dramatic, artistic, cinematography work, audio
tapes, and computer software ([Link])
Geographical Indications: It is a sign used on products that have a
specific geographical origin and possesses qualities or a reputation
that are due to that origin (WIPO, [Link]
geo_indications/en/)
IP is protected by law which enables people to receive recognition and get
financial benefits from what they have invented or created.
15.11 TRIPS - Trade-Related Aspects of Intellectual
Property Rights
World Trade Organization (WTO) played an integral role in the protection of
intellectual property rights with the Trade-Related Aspects of Intellectual
Property Rights (TRIPS) agreement. TRIPS agreement was signed on 15th
April 1994 and it came into effect on January 1st,1995. It is a multilateral
agreement on intellectual property (IP) between WTO members on trade-
related aspects. TRIPS combined conventions of WIPO namely the Paris
Convention for the Protection of Industrial Property and the Berne
Convention for the Protection of Literary and Artistic Works for setting up
standards for the protection of IPR. The other characteristics of the TRIPS
agreement are enforcement of IPR and resolution of disputes related to trade
among the members (Source: WTO, [Link]
trips_e/intel2_e.htm). The TRIPS agreement has taken care of theprotection
of all types of intellectual property such as copyright, trademarks, patents,
industrial designs, trade secrets, geographical indications and exclusionary
rights over plant varieties. (Thomas, 2017; [Link]
CHECK YOUR PROGRESS 3
Note: i) Use the space given below for your answers.
ii) Check your answers with those given at the end of the unit.
1. What are the common ways to represent citations in an article in a
journal?
……………………………………………………………………………….
……………………………………………………………………………….
……….………………………………………………………………………
………………….……………………………………………………………
2. Is it mandatory to obtain written permission for all copyrighted
materials?
400
………………………………………………………………………………. Ethics and Intellectual
Property Rights
……………………………………………………………………………….
……….………………………………………………………………………
………………….……………………………………………………………
15.12 LET US SUM UP
The scientific community and the public need to condemn the practice of
violation of ethics, fraud and wilful conduct for the advancement of sciences.
The policies to address the ethical issues mainly related to plagiarism,
fabrication, and conflicts of interest have already been present at academic
and governmental institutions like an ethical committee or an institutional
review board. Research ethics can be easily achieved if scientists follow good
research practices, and maintain proper records, accountability,
reproducibility, citations, acknowledgements and appropriate authorships,
publication and peer review. The creation of the mind in terms of literary
work, artistic work and cinematographic works comes under intellectual
properties. The intellectual property is safeguarded under IPR by copyright
and related rights, trademarks, patents and industrial designing. TRIPS play
an integral role in the protection of IPR associated with knowledge and
creativity.
15.13 KEY WORDS
Research Ethics : Research ethics is defined as the norms or set of
principles for the conduct of research that differentiate
acceptable and unacceptable behaviour.
Confidentiality : Itrefers to removing all the information related to the
identification of participants from the research report,
even though the participants and their details are very
much known to the researcher.
Plagiarism : Plagiarism means using the intellectual work of others as
our own and consists of stealing ideas, interpretations,
opinions, or paragraphs and sentences in books and
papers, without proper acknowledgement.
Verbatim : The plagiarism in which words or phrases are copied
Plagiarism from a source without any quotations.
Self-plagiarism : The plagiarism type in which someone republishes or re-
submits his or her own already published paper without
proper citation of original work.
Citation : It refers to the practice of providing notations in the text
of a paper which helps to identify the proofs or sources
of what we claim and is helpful for further research.
401
Scientific Report Reproducibility : Reproducibility refers to the accurateness and
consistency of results over time and researchers.
Accountability : Accountability refers to the obligations of the researcher
or organization who are responsible for the decisions and
actions based on the performance and behaviour to
explain judgements of different stakeholders in research.
Intellectual : It provides the right to authors for their creativity.
Property Rights
(IPR)
15.14 SUGGESTED FURTHER READING/
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Ethics and Intellectual
15.15 ANSWERS TO CHECK YOUR PROGRESS Property Rights
Check Your Progress 1
1. The principles of responsible conduct of research are honesty and
integrity, protection of human subjects, care of lab animals, respecting
Intellectual Property Rights, objectivity, data management, responsible
publishing, confidentiality, avoiding plagiarism, openness and avoiding
scientific misconduct.
Check Your Progress 2
1. Gift authorship or guest authorship orhonorary authorship refers to
authorship to someone who has not contributed to research in any form
or does not qualify for authorship. But ghost authorship defines
purposeful ignorance as not giving authorship to an author who had
contributed to research work.
2. The duplicate publication is publishing the same article twice. This is
possible by submitting the same article to different journals at the same
time. It is scientific misconduct as well as self-plagiarism. It comes
under self-plagiarism as the author is submitting the same article by all
means and without mentioning the earlier publication.
Check Your Progress 3
1. The citation is represented either as numbers in parentheses or
superscript as per American Medical Association style or as the last
name of the author or authors with published year as per American
Psychological Association. The citation is normally seen as an in-text
citation, as footnotes or as endnotes.
2. The principle of fair use or public domain had not needed written
consent from the copyright holder. The exemptions to copyright law to
use the work without any permission from the owner of the copyright
includes use for research, study, teaching, criticism, comments, review
and news reporting, in library and schools and legislatures. Creative
Commons (CC) licenses are considered a good solution for copyright
protection.
409