View of CONCEPTUAL STUDY OF INTELLECTUAL PROPERTY RIGHTS AND RESEARCH ETHICS

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VOLUME: 08, Special Issue 04, (ICESD-2021), Paper id-IJIERM-VIII-IV, June 2021

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CONCEPTUAL STUDY OF INTELLECTUAL PROPERTY RIGHTS AND RESEARCH

ETHICS Ms. Tanisha Dalal

Assistant Professor, St. Paul Institute of Professional Studies, Indore

Abstract - Research is the act of carefully and extensively studying something in order to attain knowledge about a particular subject. For a research to be successful, it should be systematic, summarized and should be recorded properly. Research is not only limited to the field of science, but also functions in the field of commerce, arts, social sciences etc.

Research can be creative, exploratory or simply reassuring in nature. All of us conduct some kind of research in our lifetime. An issue that usually arises while conducting a research is the lack of knowledge about the Intellectual Property Rights.

Intellectual Property is that the creation of human intellect. It refers to all or any ideas, knowledge, invention, innovation, creativity, research, etc., all being the merchandise of human mind and is comparable to any property, whether movable or immovable, wherein the proprietor or the owner may exclusively use his property at will and has the proper to forestall others from using it, without his permission. The rights regarding holding are referred to as „Intellectual Property Rights‟. Due to the lack of awareness about intellectual property laws, researchers fairly often became a victim of plagiarism. Research has proved that plagiarism may be a common measure among the scholars and it's thanks to unawareness of plagiarism. Sometimes it's intentionally and sometimes it unintentionally.

Purpose of this study was to seek out the concepts of research about plagiarism through different aspects. The objectives of the study were to look at the concepts and spread awareness about specific terminologies of plagiarism, styles of plagiarism and penalties of plagiarism.

Keywords: Research, ethics, plagiarism, intellectual property, etc.

1 INTRODUCTION

The Intellectual Property Rights comprises of three acts:

1. Indian Copyright Act, 1957 2. The Trade Marks Act, 1999, and 3. The Patent Act, 1970.

The Copyright Act, 1957 is applicable to registration, infringement, regulation and other matters relating to dramatic, literary, computer programming, music, sound recording rights. This act contains 79 sections and sub sections. The aspects relating to research ethics fall under the Copyright Act, 1957.

The Trade Marks Act, 1999 has replaced the Trade and Merchandise Act, 1958. A Trade Mark refers to any type of identification mark which would help a person distinguish the goods and services.

The law relating to patents is the Patent Act, 1970. Patent refers to a monopoly right granted to a person who has any new invention, or improvement to an existing invention or a new process.

The unfair use of information either intentionally or unintentionally is thought as plagiarism. From the above discussion this theory will be established that every one the add the shape of books, periodicals, journals, magazines, abstracts, private and public documents, encyclopedias, handbooks, yearbooks and plenty more falls under the copyright knowledge. Whenever something is employed through this material could also be cited, otherwise it'll become an act of plagiarism. Humans are the only animals which will benefit of knowledge, which has been preserved or accumulated through the centuries. All this data is scattered in different sorts of knowledge. When a researcher starts it research work he/she use this previous knowledge for the sake of conceptualization and later for operationalization. (Cheezma, 2011).

1.1 Types of Plagiarism

1. Global Plagiarism - Global plagiarism means taking a complete work by somebody else and spending it off as your own. If you get some other person to put in writing an

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essay or assignment for you, or if you discover a text online and submit it as your own work, you're committing plagiarism. Because it involves deliberately and directly lying about the authorship of a piece, this is often one in all the foremost serious kinds of plagiarism, and it can have severe consequences.

2. Paraphrasing - Plagiarism Paraphrasing means rephrasing a bit of text in your own words. Paraphrasing without citation is that the most typical sort of plagiarism.

Paraphrasing itself isn't plagiarism see you later as you properly cite your sources.

However, paraphrasing becomes plagiarism once you read a source then rewrite its key points as if they were your own ideas. Additionally, if you translate a bit of text from another language, you would like correctly cite the initial source. A translation without a source remains plagiarism, as you‟re using someone else‟s ideas.

3. Verbatim Plagiarism (Copy & Paste) - You commit verbatim plagiarism after you directly copy text from a source and paste it into your own document without attribution. If the structure and also the bulk of the words are the identical as within the initial, then it's verbatim plagiarism, whether or not you delete or change a pair of words here and there. If you'd prefer to use an author‟s exact words, you want to quote the primary source by putting the copied text in quotation marks and including an in-text citation.

4. Mosaic Plagiarism (Patchwork Plagiarism) - Mosaic plagiarism (also called patchwork plagiarism or incremental plagiarism) means copying phrases, passages and ideas from different sources and putting them together to create a replacement text. This includes slightly rephrasing passages while keeping many of the identical words and structure because the initial. This type of plagiarism requires a touch more effort and is more insidious than simply copying and pasting from a source, but plagiarism checkers like Turnitin can still easily detect it.

5. Citing Incorrectly - The key to avoiding plagiarism is citing your sources. You'd wish to properly format your citations in step with the principles of the citation style you're following. If you don‟t include all the specified information otherwise you place it within the incorrect place, you will be committing plagiarism. Most styles require in- text citations plus a reference list or bibliography at the highest of your paper, where you give full details of every source you cited

6. Plagiarizing your own work (Self-Plagiarism) - Self-plagiarism means reusing work that you‟ve previously submitted. While it‟s your own work, it‟s considered dishonest to present a paper or a bit of knowledge as fresh when you‟ve already gotten credit for the work. There is a pair of assorted versions of self-plagiarism. The more serious is to indicate in an exceedingly very paper you already submitted for a grade to a unique class. Unless you've explicit permission to do to so, this is often often always considered self-plagiarism. Self-plagiarism can also occur after you employ ideas, phrases or data from your previous assignments. Like paraphrasing, reworking old ideas and passages isn't inherently plagiarism, but you need to cite your previous work to make the origins clear. (Streefkerk, 2020).

1.2 Punishment for Plagiarism

Offence Punishment

Infringement of copyright or other rights conferred by this act

Imprisonment- 6 months to 3 years Fine- rs. 50,000 to rs. 2,00,000

Infringement not made for gain in course of trade-

Imprisonment < 6 months Fine < rs. 50,000.

Enhanced penalty on second

and subsequent convictions Imprisonment- 1 year to 3 years Fine- rs. 1,00,000 to rs. 2,00,000

Imprisonment < 1 year Fine < rs. 1,00,000

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Knowing use of infringing

copy of computer programme to be an offence

Imprisonment- 7 days to 3 years Fine- rs. 50,000 to rs. 2,00,000

Imprisonment – none Fine < rs. 50,000 Possession of plates for

purpose of making infringing copies

Imprisonment- 0 year to 2 years+ Fine

Penalty for making false entries in register, etc., for producing or tendering false entries

Penalty for making false statements for the purpose of deceiving or influencing any authority or officer

Penalty for contravention of section 52A

Imprisonment- up to 3 years + Fine Fine < rs. 1,00,000

2 REVIEW OF LITERATURE

A module on research ethics covered the basic research ethics to be followed by a researcher in the course of his/ her research. It also highlighted the ethical issues in India and threw some light on ethics committee. (Praveen, 2017)

A study was conducted on “Use of Traditional Knowledge for university research:

conflicts between research ethics and intellectual property ownership policies”. The study focused on the current state of intellectual property ownership policies and ethical research guidelines at universities in British Columbia, and it identified the impact of these policies in the protection and promotion of traditional knowledge. (Bannister, 2003)

In a study conducted on “Conceptual Awareness of Research Scholars about Plagiarism at Higher Education Level: Intellectual Property Right and Patent” focused on the level of awareness of researchers pursuing M.Phil and Ph.d from the Preston University, Islamabad. Major finding infer most of the students had general conception of plagiarism but research students were unaware of the categories of plagiarism. Majority of the scholars were unaware about the penalties of plagiarism. On the idea of findings it had been concluded that students weren't cognizant about the concept of plagiarism. It concluded that students are partially aware about the plagiarism and the Intellectual Property Rights.

(Chemma, 2011)

The article titled “What is Ethics in Research and Why is it Important?” covered and highlighted the importance of research. The article highlighted that research is significant as it helps to gather necessary information, to make changes, in improving the standard of living, for exploring the history, and so on.

2.1 Objectives

The objectives of the study was :

1. To understand the research ethics to be followed while conducting a research.

2. To understanding Intellectual Property Rights of a researcher.

3. To understand about plagiarism and the remedies against it.

3 RESEARCH METHODOLOGY

This study is secondary in nature. The data was collected from secondary sources through the internet. Various research papers, articles, were referred. The focus of the study was global in nature (articles and papers from all around the were referred).

3.1 Observation

The following points were observed during the course of this study:

1. Before finalising the research topic, its‟ implications should be studied.

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2. Research protocol should be thoroughly followed where the subject of the research are

humans.

3. All the author who have contributed in the article should be credited in the manuscript.

4. Data Manipulation should be avoided.

5. Plagiarism must be avoided and the original data must be properly cited. Self- Plagiarism must also be avoided.

6. Avoid Salami Publication.

7. Avoid fabrication, falsification and misrepresentation of data or result.

8. The research should be mindful of the social culture. They should uphold the moral values of the society

9. All the findings should be reported i.e. positive and negative

10. People who have aided in the research in any way must be acknowledged.

11. Resubmitting an already published research paper or article with minor changes or under a different title to a journal violates, “international copyright laws, ethical conduct, and cost-effective use of resources.” (Praveen, 2017)

3.2 Limitations

Some limitations of the study are:

1. The data for the study is global in nature. Data relating to the Indian subcontinent is not easily found.

2. The study only focuses on the compilation of the data from various sources.

4 CONCLUSION

It can be concluded from the study that it is essential to follow ethical practices while conducting a research and the Intellectual Property Rights of an author must be honoured.

We explored the scale of an ethical research. We also came to learn about the obligations a researcher has towards the participants particularly and society. The dos and don‟ts of an ethical research were discussed.

REFERENCES

1. Bannister, K. (2003, October). Use of Traditional Knowledge for university research: conflicts between research ethics and intellectual property ownership policies. In Proceedings of the International Symposium held October (pp. 122-129).

2. Cheema, Z. A., Mahmood, S. T., Mahmood, A., & Shah, M. A. (2011). Conceptual awareness of research scholars about plagiarism at higher education level: Intellectual property right and patent. International Journal of Academic Research, 3(1).

3. Sales, B. D., & Folkman, S. E. (2000). Ethics in research with human participants. American Psychological Association.

4. Smith, D. (2003). Five principles for research ethics. Monitor on psychology, 34(1), 56.

5. What Is Ethics in Research & Why Is It Important? - by David B. Resnik, J.D., Ph.D. (nih.gov).

https://www.niehs.nih.gov/research/resources/bioethics/whatis/index.cfm 6. Five principles for research ethics (apa.org)

https://www.apa.org/monitor/jan03/principles.

7. (PDF) Research Ethics (researchgate.net)

https://www.researchgate.net/publication/318912804_Research_Ethics.

8. Importance Of Research - Significance Of Research (iloveindia.com) http://lifestyle.iloveindia.com/lounge/importance-of-research-

10978.html#:~:text=Importance%20Of%20Research%201%20Significance%20Of%20Research%202,new

%20inventions%20and%20discoveries%20come%20into%20life.%20.

9. https://www.indiamart.com/proddetail/mark-registration-7486572633.html.

10. http://www.iranright.com/services.html#:~:text=Intellectual%20Property%20(IP)%20refers%20to,has%2 0the%20right%20to%20prevent.

11. http://www.iranright.com/services.html#:~:text=The%20rights%20relating%20to%20intellectual,Proper ty%20Rights'%20(IPR).

12. CHAPTER XIII (copyright.gov.in)

https://copyright.gov.in/Copyright_Act_1957/chapter_xiii.html

13. 6 Types of Plagiarism and How to Avoid Them (With Examples) (scribbr.com) https://www.scribbr.com/plagiarism/types-of-

plagiarism/#:~:text=The%20most%20common%20types%20of%20plagiarism%20are%3A%20,%20%20S erious%20%202%20more%20rows%20.

14. Why are Copyright Laws Important: Understanding it's Importance | IPTSE

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https://iptse.com/why-are-copyright-laws-

important/#:~:text=Here%2C%20in%20a%20nutshell%2C%20are%20the%20various%20benefits%3A,by

%20registering%20a%20copyright.%20...%20More%20items...%20.