The workshop - Building and Owning Biotechnology Databases was
held at the Golden Tulip Hotel, Purmerend, The Netherlands on 22-23 September
1998. It was organised by The Biotechnology Information Strategic Forum,
with support from DGXII of the Commission of the European Communities.
Conclusions
It is essential that the ownership of biotechnology databases and related software be clear and unambiguous.
Database builders in academic institutions should first clarify their legal position vis a vis that institution’s contractual rules for the development of exploitable products.
In the case of databases where an individual’s input is essential, agreements with the relevant funders, institutions, and individual should be developed BEFORE the database is made available on commercial or other terms outside the confines of the research group.
Inevitably, some cases of copyright will be complex and rights ownership may be unclear. Here discussion and negotiation can often resolve the problem without recourse to litigation - the earlier the better.
Given the central role of the EC in this sector, the EC should, perhaps in conjunction with other significant funding agencies, lay down and publish guidelines for the establishment and privatisation of such services, so that the biotechnology market is not taken by surprise when a "free" service starts to make commercial demands and public money is not wasted financing databases which become "stillborn children" when the public subsidy ends.
The scientific community plays a major role in supporting many "public" databases through submitting data, carrying our refereeing and validation tasks and providing intellectual support of all kinds. This support, and the means of assuring its continuation, need to be given explicit recognition and consideration in any analysis relating to the possibility of a database switching to a commercial basis.
The Bermuda Principles clearly recommend that certain forms of database should remain in the public domain. Long term funding procedures will be needed to ensure that the teams developing these databases are funded so that this can take place.
The economics of databases are similar to those of scientific journals; they are essential to the scientific community and should be established on a firm and sustainable footing.
To ensure a sustainable income from users, the database needs to deliver wanted services at acceptable quality and price levels. Its operation should be governed by quality management procedures.
The power of computers and associated software allows users to slice different databases and deliver composite results to a user’s screen. Such activities should not undermine the rights of the rights holders, or they will face the likelihood of legal challenge. At the same time, means should be found to enable this powerful facility to be made available for scientific or commercial purposes.
Database and other information owners should work together to allow the better interaction of data and data systems. This will become increasingly important as journals accept the replacement of data too voluminous or expensive to publish on paper by references to its availability on other systems.
Database builders must ensure that the materials they store and make available are protected, and are not infringing the rights of other parties.