Exploitation Rights in Networked Medical Research

Knowledge, data, results, services, and products are constantly being generated in both patient care and medical research, but their value is often difficult to assess. Data from healthcare is made available for research, just as the results of medical research flow into patient care.

In addition to different data standards and often inconsistent IT infrastructures, unresolved legal issues also hinder data transfer. For example, it is often unclear whether the results are legally protected, which requirements therefore apply, which party is entitled to the respective rights, and how these can be transferred.

This report sheds light on the value creation process, in which added value is created at various stages through considerable effort and the use of resources. The focus here is on questions of exploitation law, while data protection issues are addressed in numerous other TMF publications.

Possible objects of protection, such as individual data, data collections, studies, computer programs, or inventions, and the various protection concepts - from copyright to contract law - are systematically presented in this volume of the TMF publication series. The authors explain in detail the questions that arise from the perspective of the patients, doctors, and research networks involved. They translate their conclusions into concrete recommendations and advice on drafting contracts. Sample contracts round off the book.

J. W. Goebel | J. Scheller:
Verwertungsrechte in der vernetzten medizinischen Forschung
Rechtsgutachten zur Wertschöpfung beim Datenaustausch zwischen medizinischer Versorgung und Forschung

1st edition, 172 pages, December 2008
€ 39.95 [D], ISBN 978-3-939069-99-7

Copyright and license conditions for this product (No. P022021)

Please note the copyright conditions printed in the book.