CURRENT APPROACHES AND NEW RESEARCH IN
MODERN SCIENCES
International scientific-online conference
119
CHALLENGES IN PROTECTING INTELLECTUAL PROPERTY RIGHTS
DURING DATA SHARING
Mushtariybonu Erkinboeva
Master’s student at Tashkent State University of Law
https://doi.org/10.5281/zenodo.12064999
Annotation
This thesis investigates the problems arising in the context of intellectual
rights protection during data sharing. While data sharing offers significant
benefits such as accelerating innovation and enhancing product and service
quality, it also introduces complex legal and ethical challenges, particularly
concerning intellectual property rights. The research categorizes these
challenges into three main areas: conflicts over copyright, patent infringements,
and trade secret violations. Through a detailed analysis, the thesis explores
specific cases where these issues manifest, including unauthorized use of
copyrighted materials, unlicensed use of patented technologies, and improper
disclosure of trade secrets. The study emphasizes the importance of
understanding these conflicts to develop effective legal and strategic
frameworks for their resolution. Additionally, it examines various conflict
resolution methods, both formal and informal, and their implications for
maintaining sustainable business relationships. The findings aim to provide a
comprehensive understanding of the intellectual rights issues in data sharing
and offer practical solutions for mitigating these challenges.
Keywords:
Data sharing, intellectual rights, intellectual property, information
exchange, intellectual property disputes, data sharing problems, copyright, trade
secrets, patent coflicts.
Data sharing can accelerate innovation processes, improve the quality of
products and services, and facilitate research and development. This practice is
a domain-independent process that involves granting third parties access to
one’s databases. These third parties can include other companies, individuals, or
government institutions. Aggregated data is often utilized to develop new
applications and services. The purposes for which data can be used and how
they are presented are determined within the framework of legal agreements
between data providers, government consumers, and other stakeholders
(Jussen
and others, 2023)
, depending on the specific use case.
CURRENT APPROACHES AND NEW RESEARCH IN
MODERN SCIENCES
International scientific-online conference
120
Each forms of data sharing process presents unique challenges and
opportunities, requiring tailored approaches to ensure secure, efficient
exchange of data. However, despite these clear advantages, intellectual property
disputes frequently arise during the data-sharing process.
Intellectual property rights, including copyrights, patents, trademarks, and
trade secrets, are crucial for protecting creativity and innovation. In a data-
sharing environment, conflicts related to these rights can emerge, posing both
legal and ethical dilemmas. Understanding the nature and causes of these
conflicts is essential for developing effective strategies for their resolution and
prevention.
Possible problems related to the topic can be categorised as follows:
a) Conflicts between parties regarding the violation of intellectual rights in
the practice of information exchange: in this case, during participation in general
joint research projects, one party appropriates unpublished or unpatented
information or invention belonging to the second party, to third parties share or
publish;
b) In the process of exchanging information, one of the users includes
copyrighted, patented or confidential information for mutual use;
c) Copyright infringement of the platform or software on which the data
sharing process is carried out.
It can be said that the category
A
mainly involves following issues:
1. Copyright conflicts;
2. Patent disputes;
3. Trademark conflicts
4. Leakage of trade secrets
One of the most common disputes in the data-sharing process is copyright
infringement. For example, sharing scientific articles, software, or multimedia
materials may raise questions about the legality of using and distributing these
works. As
Pr. I. Rustambekov (2016)
notes, nowadays the majority of offenses on
the Internet are directly related to copyright infringement when the distribution
of works without the permission of copyright holders. This type of infringement
occurs when one of the participants uses copyrighted information without the
proper permission of the copyright owner. Copyright protects original works in
literature, music, art, and other fields, giving authors the exclusive right to use
and distribute their works.
Another prevalent issue is patent infringement, which occurs when
information containing patented technologies or methods is used or distributed
CURRENT APPROACHES AND NEW RESEARCH IN
MODERN SCIENCES
International scientific-online conference
121
without the permission of the patent owner. Patents grant exclusive rights to
use, manufacture, and sell inventions, thereby protecting innovative technical
solutions in various fields. Illegal use of such technologies can have serious legal
and financial consequences for violators. Examples of patent infringement
include manufacturing and selling products containing patented components or
technology without obtaining a license from the patent owner, using patented
methods or processes in production, research, or other commercial activities
without the permission of the patent owner, providing services involving the use
of patented technologies without an appropriate license, distributing
information containing patented elements, and publishing or transmitting
technical documents, drawings, or data containing patented elements without
the permission of the patent holder. In addition, software containing proprietary
methods without complying with the terms of the license or posting other
materials in the public domain can also constitute patent infringement.
Also, a trade secret violation occurs when confidential information
protected as a trade secret is disclosed or used without proper authorization. A
trade secret includes any information of economic importance, unknown to
third parties and protected by measures aimed at ensuring its confidentiality.
Illegal use of such information can seriously harm the company or the person
who has the information. Trade secrets
(Carroll, 2015)
can be breached when
sharing information between companies or project teams. This occurs when
confidential information provided by one party to another for use in a project is
disclosed or misused without proper authorization. Trade secrets include
confidential business plans, technical drawings, customer and supplier
information, and other commercially valuable information.
Conflict resolution is an important aspect of business and project
management, especially in complex and multi-layered business relationships.
Disputes can arise for a variety of reasons, including disputes over contractual
obligations, infringement of intellectual property rights, or as
Kirsanov(2022)
states: conflicts of interest and other issues. Effective and timely resolution of
such disputes is important for maintaining business relations, minimizing
financial and reputational losses, and ensuring sustainable business
development. There are different methods and ways of resolving disputes that
can be adapted according to the specific situation and the needs of the parties.
These methods include both formal legal procedures and informal alternative
approaches. It should be noted that choosing the right method of dispute
CURRENT APPROACHES AND NEW RESEARCH IN
MODERN SCIENCES
International scientific-online conference
122
resolution can have a significant impact on the outcome of the case and the
future of the relationship between the parties.
References:
1. Рустамбекoв, И. Имплементация норм международных актов в сфере
защиты авторского права в сети Интернет. Вопросы современной
юриспруденции. № 1(52), 2016 г. Ст. 50-55.
2. Кирсанов Алексей Николаевич, & Попович Алексей Анатольевич (2022).
Обеспечение баланса интересов сторон в области примеения технических
средств защиты авторских прав. Статья. Юридическая наука, (11), 40-46.
https://cyberleninka.ru/article/n/obespechenie-balansa-interesov-storon-v-
oblasti-primeneniya-tehnicheskih-sredstv-zaschity-avtorskih-prav
3. Jussen, I., Schweihoff, J., Dahms, V., Möller, F., and Otto, B. (2023): Data Sharing
Fundamentals: Definition and Characteristics. In Proceedings of the 56th Hawaii
International Conference on System Sciences (HICSS), Maui, Hawaii, USA.
4. Nokkala, T., Salmela, H., & Toivonen, J. (2019). Data Governance in Digital
Platforms. AMCIS 2019, 1–10
5. Chowdhury, M. J. M., Colman, A., Han, J., & Ashad, M. (2018). A Policy
Framework for Subject-Driven Data Sharing. In Proceedings of the 51st Hawaii
International Conference on System Sciences, Hawaii: USA.
6. Carroll M.W. Sharing Research Data and Intellectual Property Law: A Primer
PLoS Biol. 2015 Aug; 13(8): e1002235. Published online 2015 Aug 27. doi:
10.1371/journal.pbio.1002235 PMCID: PMC4551669 PMID: 26313685
