One of the difficulties is in the definition of "data" in various official federal documents. Kate Phillips (former COGR Director) and Clark Shores (asst attorney general for Washington) have spoken on this. . One may not always have the rights one thinks . . . Some of their presentations are here: http://depts.washington.edu/ventures/About_Us/Presentations/#Data_Rights -- Dana -----Original Message----- From: Research Administration List [mailto:xxxxxx@hrinet.org] On Behalf Of Elsa Nadler Sent: Thursday, October 12, 2006 12:58 PM To: xxxxxx@hrinet.org Subject: Re: [RESADM-L] Data and Tissue Ownership Generally, if the data was obtained under a grant that was made to the institution, the institution owns all data and tissue. If the data or tissue was collected under an NIH or DHHS award, the terms of the award should say that the grantee institution owns the data. Data (and hence tissue) can be transferred to another entity under agreement among all parties (original institution, new institution and NIH). Other facets of the agreement, such as who can use the tissue and under what circumstances, are subject to agreement. It would be difficult (in my estimation) to establish a global policy that would govern all such transfers. Please see Scientific Integrity by Francis Macrina, pp 213-215. Elsa Elsa G. Nadler, EdD Grants Manager Department of Community Medicine 1 Medical Center Drive PO Box 9190 West Virginia University Morgantown, WV 26506-9190 Tel: 304/293-3546 Fax: 304/293-6685 >>> Dana Bostrom <xxxxxx@BERKELEY.EDU> 10/12/2006 3:08 PM >>> Not many institutions have data ownership policies. I believe an agreement is a good idea. It would be nice if the originating institution would have a "shop right" to use the data in the future, but not clear to me that broader rights would be authorized, absent a data policy which identifies responsibilities & rights. It's something worth pondering. . who is the "steward" of the data? The PI, the research team, the institution? Who has the responsibility to guard against mis-use, and can authorize others to access/build upon/etc the data? As data becomes more important outside research, I suspect we'll see more pressure inside academic institutions to clarify our policies. Dana Dana Bostrom, Associate Director Industry Alliances Office, IPIRA University of California, Berkeley 2150 Shattuck Avenue Suite 950 On campus only: mail code 1610 Berkeley, CA 94720-6701 Phone: 510.642.5861 FAX: 510.642.5723 ipira.berkeley.edu AUTM Vice President, Metrics & Surveys www.autm.net _____ From: Research Administration List [mailto:xxxxxx@hrinet.org] On Behalf Of Collins, Michael Sent: Thursday, October 12, 2006 10:35 AM To: xxxxxx@hrinet.org Subject: [RESADM-L] Data and Tissue Ownership I am interested in knowing what the general practice is when an investigator leaves your institution in regards to data and tissue ownership Do you allow PI to take original or a copy of research databases? If data stays, do you have an agreement w/ PI on who will use in future, does PI have any input? In regards to tissue samples, do you allow PI to take or does org retain? And if retain, does PI have have any rights as to future use.? Thanks, Mike Michael Collins Vice President Research Administration Massachusetts Eye and Ear Infirmary 99 W Cedar Street Boston, MA 02114 617-573-3009 617-573-4108 (fax) www.meei.harvard.edu <http://www.meei.harvard.edu/> ====================================================================== Instructions on how to use the RESADM-L Mailing List, including subscription information and a web-searchable archive, are available via our web site at http://www.hrinet.org (click on "Listserv Lists") ====================================================================== ====================================================================== Instructions on how to use the RESADM-L Mailing List, including subscription information and a web-searchable archive, are available via our web site at http://www.hrinet.org (click on "Listserv Lists") ====================================================================== ====================================================================== Instructions on how to use the RESADM-L Mailing List, including subscription information and a web-searchable archive, are available via our web site at http://www.hrinet.org (click on "Listserv Lists") ====================================================================== ====================================================================== Instructions on how to use the RESADM-L Mailing List, including subscription information and a web-searchable archive, are available via our web site at http://www.hrinet.org (click on "Listserv Lists") ====================================================================== ====================================================================== Instructions on how to use the RESADM-L Mailing List, including subscription information and a web-searchable archive, are available via our web site at http://www.hrinet.org (click on "Listserv Lists") ====================================================================== ====================================================================== Instructions on how to use the RESADM-L Mailing List, including subscription information and a web-searchable archive, are available via our web site at http://www.hrinet.org (click on "Listserv Lists") ======================================================================
