Intellectual Property Rights, open science and open questions on research data: a biodiversity science perspective

This paper discusses Intellectual Property Rights (IPR) on research data and legislations that have a direct impact on access to research data. Ensuring data access is a key requirement in the pursuit of open science and to guarantee that research can benefit society at large. Yet, legal complexities, unclear data rights, third-party IPR may transform what should be straightforward information exchange for the benefit of science and society into a frustrating experience. Examples from biodiversity science are used to illustrate legal issues regarding research data. The discussion focuses on the role legal aspects play in open science and concludes with a set of open questions regarding research data IPR and open science. This contribution is written considering the legal framework for research data in the European Union.