Unit 3

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Somalwar High School Nagpur**We aren't endorsed by this school
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SCIENCE 123
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Philosophy
Date
Jan 12, 2025
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24
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mathematical models and the inherent fuzziness of real-world data.Unit:3RESEARCH ETHICS, IPR AND SCHOLARY PUBLISHING8 HoursEthics-ethical issues, ethical committees (human & animal); IPR- intellectual property rights and patent law, commercialization, copy right, royalty, trade related aspects of intellectual property rights (TRIPS); scholarly publishing- IMRAD concept and design of research paper, citation and acknow-ledgement, plagiarism, reproducibility and accountability.1.Introduction2.Codes and Policies for Research Ethics3.Promoting Ethical Conduct in Science4.Animal Used In Research5.What is Plagiarism?6.Avoiding Plagiarism in Writing7.Attribution 8.Types of Plagiarism9.What is Copyright? 10. Trade Related Aspects of Intellectual Property Rights (TRIPS)11. IMRAD concept: Design of research paperEthics :-1.IntroductionResearch ethics involves the application of fundamental ethical principles to a variety of topics involving scientific research. The application of fundamental ethical principles to a topics like:1. The design and implementation of research involving human experimentation, animal experimentation.2. Various aspects of academic scandal, including scientific misconducts (such as fraud, fabrication of Data and plagiarism), 3. Whistle blowing (wrongdoing within an organization to the public or to those in positions of authority); regulation of research, etc. Research ethics is most developed as a concept in all the scientific research. 4. Research in the social sciences presents a different set of issues than those in medical research.The scientific research enterprise is built on a foundation of trust. Scientists trust that the results reported by others are valid. Society trusts that the results of research reflect an honest attempt by scientists to describe the world accurately and without bias. But this trust will endure only if the scientific community devotes itself to exemplifying and transmitting the values associated with ethical scientific conduct.
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'ethics' focuses on the disciplines that study standards of conduct, such as philosophy, theology, law, psychology, or sociology. For example, a "medical ethicist" is someone who studies ethical standards in medicine. One may also define ethics as a method, procedure, or perspective for deciding how to act and for analysing complex problems and issues. For instance, in considering a complex issue like global warming, one may take an economic, ecological, political, or ethical perspective on the problem. While an economist might examine the cost and benefits of various policies related to global warming, an environmental ethicist could examine the ethical values and principles at stake.Many different disciplines, institutions, and professions have norms for behavior that suit their particular aims and goals. These norms also help members of the discipline to coordinate their actions or activities and to establish the public's trust of the discipline. For instance, ethical norms govern conduct in medicine, law, engineering, and business. Ethical norms also serve the aims or goals of research and apply to people who conduct scientific research or other scholarly or creative activities. There is even a specialized discipline, research ethics, which studies these norms.Why it is important to adhere to ethical norms in research?1.Norms promote the aims of research, such as knowledge, truth, and avoidance of error. For example, prohibitions against fabricating, falsifying, or misrepresenting research data promote the truth and avoid error2.Research often involves a great deal of cooperation and coordination among many different people in different disciplines and institutions, ethical standards promote the values that are essential to collaborative work, such as trust, accountability, mutual respect, and fairness. For example, many ethical norms in research, such as guidelines for authorship, copyright and patenting policies, data sharing policies, and confidentiality rules in peer review, are designed to protect intellectual property interests while encouraging collaboration.3.Many of the ethical norms help to ensure that researchers can be held accountable to the public. For instance, federal policies on research misconduct, conflicts of interest, the human subject protections, and animal care and use are necessary in order to make sure that researchers who are funded by public money can be held accountable to the public.4.Ethical norms in research also help to build public support for research. It is seen that people more likely to fund research project if they can trust the quality and integrity of research.
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Finally, many of the norms of research promote a variety of other important moral and social values, such as social responsibility, human rights, and animal welfare, compliance with the law, and health and safety. Ethical lapses in research can significantly harm human and animal subjects, students, and the public. For example, a researcher who fabricates data in a clinical trial may harm or even kill patients and a researcher who fails to abide by regulations and guidelines relating to radiation or biological safety may jeopardize his health and safety or the health and safety of staff and students.ORGANIZATIONS AND ETHICS COMMITTEESAll organizations that are involved in research involving human participants have set up a code of practice for their researchers. Universities will have their own codes of practice. The role of ethics committees is to oversee the research carried out in their organizations in relation to ethical issues. It is they who formulate the research ethics code of conduct and monitor its application in the research carried out by members of their organizations. Applying for ethics approval inevitably involves filling in forms.Every research and academic institution is now required to have an ethical committee. Every research project has to be scrutinised by this committee, and it is only after this approval that one can go to the field to collect data. Most international publications also require ethical approval certificates before considering a research paper for publication. It is to be noted that most ethicalguidelines take cognisance of bio-medical or experimental research. Even when social or behavioural research is considered, the guidelines outline large quantitative samples and present road map for research that is rooted in positivist mode of analysis.Qualitative and ethnographic research requires more flexible settings. When methods like narrative research, in-depth interviews, participant observations or case studies are generated, conforming to pre-tested and ethical committee approved schedules or questionnaires may not suffice. In this kind of research informed consent actually means consent in process. In method ofpurposive sampling, sample is not collected on the basis of a systematic sampling. Sample gets generated in the field as one moves from one respondent to other. In such situations, it is also not possible to take written consent from each respondent as it may violate their right to privacy. Obtaining written consent from a formally illiterate person is another issue that some researcher may face. Even if researcher attempts to explain, there are occasions, when respondent may not comprehend the purpose. In a recent human genome research study, blood samples were drawnfrom Jarwa Adivasis living in secluded terrains of Andaman Nicobar Islands. Even when the tribals agreed to give blood sample, they were not aware as to what use
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that sample was being put. Hence, there was no informed consent involved in it. Recognising these limitations, ICMR in its ethical guidelines observe:Social and behavioural sciences research approaches are not always positivist and, therefore, articulation of a hypothesis may not be possible at the beginning of the research. Instruments/documents are developed during the course of the research; are reflective; and may keep changing as the research progresses. The EC must be kept informed about these changes and appropriate re-consent taken from participants.CODES AND POLICIES FOR RESEARCH ETHICSGiven the importance of ethics for the conduct of research, it should come as no surprise that many different professional associations, government agencies, and universities have adopted specific codes, rules, and policies relating to research ethics. Many government agencies, such as the National Institutes of Health (NIH), the National Science Foundation (NSF), the Food and Drug Administration (FDA), the Environmental Protection Agency (EPA), and the Department of Agriculture (USDA) have ethics rules for funded researchers. Other influential research ethics policies include the Uniform Requirements for Manuscripts Submitted to Biomedical Journals (International Committee of Medical Journal Editors), the Chemist's Code of Conduct (American Chemical Society), Code of Ethics (American Society for Clinical Laboratory Science) Ethical Principles of Psychologists (American Psychological Association), Statements on Ethics and Professional Responsibility (American Anthropological Association), Statement on Professional Ethics (American Association of University Professors), the Nuremberg Code and the Declaration of Helsinki (World Medical Association). The following is a rough and general summary of some ethical principals that various codes address*:1.Honesty: Strive for honesty in all scientific communications. Honestly report data, results, methods and procedures, and publication status. Do not fabricate, falsify, or misrepresent data. Do not deceive colleagues, granting agencies, or the public.2.Objectivity: Strive to avoid bias in experimental design, data analysis, data interpretation, peer review, personnel decisions, grant writing, expert testimony, and other aspects of research where objectivity is expected or required. Avoid or minimize bias or self-deception. Disclose personal or financial interests that may affect research.3.Integrity: Keep your promises and agreements; act with sincerity; strive for consistency of thought and action.
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4.Carefulness: Avoid careless errors and negligence; carefully and critically examine your own work and the work of your peers. Keep good records of research activities, such as data collection, research design, and correspondence with agencies or journals.5.Openness: Share data, results, ideas, tools, resources. Be open to criticism and new ideas.6.Respect for Intellectual Property: Honor patents, copyrights, and other forms of intellectual property. Do not use unpublished data, methods, or results without permission. Give credit where credit is due. Give proper acknowledgement or credit for all contributions to research. Never plagiarize.7.Confidentiality: Protect confidential communications, such as papers or grants submitted for publication, personnel records, trade or military secrets, and patient records.8.Responsible Publication: Publish in order to advance research and scholarship, not to advance just your own career. Avoid wasteful and duplicative publication.9.Responsible Mentoring: Help to educate, mentor, and advise students. Promote their welfare and allow them to make their own decisions.10.Respect for colleagues: Respect your colleagues and treat them fairly.11.Social Responsibility: Strive to promote social good and prevent or mitigate social harms through research, public education, and advocacy.12.Non-Discrimination: Avoid discrimination against colleagues or students on the basis of sex, race, ethnicity, or other factors that are not related to their scientific competence and integrity.13.Competence: Maintain and improve your own professional competence and expertise through lifelong education and learning; take steps to promote competence in science as a whole.14.Legality: Know and obey relevant laws and institutional and governmental policies.15.Animal Care: Show proper respect and care for animals when using them in research. Do not conduct unnecessary or poorly designed animal experiments.16.Human Subjects Protection: When conducting research on human subjects minimize harms and risks and maximize benefits; respect human dignity,
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privacy, and autonomy; take special precautions with vulnerable populations; and strive to distribute the benefits and burdens of research fairly.17. There are many other activities that do not define as "misconduct" but which are still regarded by most researchers as unethical. These are called "other deviations" from acceptable research practices and include:Publishing the same paper in two different journals without telling the editors Submitting the same paper to different journals without telling the editors Not informing a collaborator of your intent to file a patent in order to make sure that you are the sole inventor Including a colleague as an author on a paper in return for a favor even though the colleague did not make a serious contribution to the paper Discussing with your colleagues confidential data from a paper that you are reviewing for a journal Trimming outliers from a data set without discussing your reasons in paper Using an inappropriate statistical technique in order to enhance the significance of your research Bypassing the peer review process and announcing your results through a press conference without giving peers adequate information to review your work Conducting a review of the literature that fails to acknowledge the contributions of other people in the field or relevant prior work Stretching the truth on a grant application in order to convince reviewers that your project will make a significant contribution to the field Stretching the truth on a job application or curriculum vita Giving the same research project to two graduate students in order to see who can do it the fastest Overworking, neglecting, or exploiting graduate or post-doctoral students Failing to keep good research records
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Failing to maintain research data for a reasonable period of time Making derogatory comments and personal attacks in your review of author's submission Promising a student a better grade for sexual favors Using a racist epithet in the laboratory Making significant deviations from the research protocol approved by your institution's Animal Care and Use Committee or Institutional Review Board for Human Subjects Research without telling the committee or the board Not reporting an adverse event in a human research experiment Wasting animals in research Exposing students and staff to biological risks in violation of your institution's biosafety rules Rejecting a manuscript for publication without even reading it Sabotaging someone's work Stealing supplies, books, or data Rigging an experiment so you know how it will turn out Making unauthorized copies of data, papers, or computer programs Deliberately overestimating the clinical significance of a new drug in order to obtain economic benefitsThese actions would be regarded as unethical by most scientists and some might even be illegal. Most of these would also violate different professional ethics codes or institutional policies.Promoting Ethical Conduct in ScienceMany of you may be wondering why you are required to have training in research ethics. You may believe that you are highly ethical and know the difference between right and wrong. You would never fabricate or falsify data or plagiarize. Indeed, you also may believe that most of your colleagues are highly ethical and that there is no ethics problem in research.If you feel this way, relax. No one is accusing you of acting unethically. Indeed, the best evidence we have shown that misconduct is a very rare occurrence in research, although there is considerable variation among various estimates. The rate of misconduct has been estimated to be as low as 0.01% of researchers per year (based on confirmed cases of misconduct in federally funded research) to as high as 1% of researchers per year (based on self-reports of misconduct on anonymous surveys).
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Clearly, it would be useful to have more data on this topic, but so far there is no evidence that science has become ethically corrupt. However, even if misconduct is rare, it can have a tremendous impact on research. Consider an analogy with crime: it does not take many murders or rapes in a town to erode the community's sense of trust and increase the community's fear and paranoia. The same is true with the most serious crimes in science, i.e. fabrication, falsification, and plagiarism. However, most of the crimes committed in science probably are not tantamount to murder or rape, but ethically significant misdeeds that are classified by the government as 'deviations.' Moreover, there are many situations in research that pose genuine ethical dilemmas.Will training and education in research ethics help reduce the rate of misconduct in science? It is too early to tell. The answer to this question depends, in part, on how one understands the causes of misconduct. There are two main theories about why researchers commit misconduct. According to the "bad apple" theory, most scientists are highly ethical. Only researchers who are morally corrupt, economically desperate, or psychologically disturbed commit misconduct. Moreover, only a fool would commit misconduct because science's peer review system and self-correcting mechanisms will eventually catch those who try to cheat the system. In any case, a course in research ethics will have little impact on "bad apples," one might argue. According to the "stressful" or "imperfect" environment theory, misconduct occurs because various institutional pressures, incentives, and constraints encourage people to commit misconduct, such as pressures to publish or obtain grants or contracts, career ambitions, the pursuit of profit or fame, poor supervision of students and trainees, and poor oversight of researchers. Moreover, defenders of the stressful environment theory point out that science's peer review system is far from perfect and that it is relatively easy to cheat the system. Erroneous or fraudulent research often enters the public record without being detected for years. To the extent that research environment is an important factor in misconduct, a course in research ethics is likely to help people get a better understanding of these stresses, sensitize people to ethical concerns, and improve ethical judgment and decision making. Misconduct probably results from environmental and individual causes, i.e. when people who are morally weak, ignorant, or insensitive are placed in stressful or imperfect environments. In any case, a course in research ethics is useful in helping to prevent deviations from norms even if it does not prevent misconduct. Many of the deviations that occur in research may occur because researchers simple do not know or have never thought seriously about some of the ethical norms of research. For example, some unethical authorships practices probably reflect years of tradition in the research community that has not been questioned seriously until recently. If the director of a lab is named as an author on every paper that comes from his lab, even if he does not make a significant contribution, what could be wrong with that? That's just the way it's done, one might argue. If a drug company uses ghost-writers to write papers "authored" by its physician-employees, what's wrong about this practice? Ghost writers
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help write all sorts of books these days, so what's wrong with using ghost-writers in research?Another example where there may be some ignorance or mistaken traditions is conflicts of interest in research. A researcher may think that a "normal" or "traditional" financial relationship, such as accepting stock or a consulting fee from a drug company that sponsors her research, raises no serious ethical issues. Or perhaps a university administrator sees no ethical problem in taking a large gift with strings attached from a pharmaceutical company. Maybe a physician thinks that it is perfectly appropriate to receive a $300 finder’s fee for referring patients into a clinical trial. If "deviations" from ethical conduct occur in research as a result of ignorance or a failure to reflect critically on problematic traditions, then a course in research ethics may help reduce the rate of serious deviations by improving the researcher's understanding of ethics and by sensitizing him or her to the issues.Finally, training in research ethics should be able to help researchers grapple with ethical dilemmas by introducing researchers to important concepts, tools, principles, and methods that can be useful in resolving these dilemmas. In fact, the issues have become so important that the NIH and NSF have mandated training in research ethics for graduate studentsANIMAL USED IN RESEARCHAnimals play a significant role in research. They are used in a variety of ways by researchers, such as for testing new pharmaceuticals, as teaching tools for medical students and as experimental subjects for new surgical procedures. Research with animals is necessary and vital to biomedical research because animal research is frequently a necessary first step towards research involving new medical treatments and pharmaceuticals intended for human use.Many dedicated organizations and individuals are interested in protecting and safeguarding animal subjects as regards their use in research. Some organizations are interested in eliminating the use of animals in research. Others consider research with animals a necessary evil to the advancement of medicine, but still aim to eliminate unnecessary suffering, pain and poor facility conditions for animal subjects.To protect animals, research projects that use animals have to be reviewed. These review processes assess the risks and benefits of using animals in research. This can prove difficult for project reviewers and often makes for intense debates and arguments about the appropriate use of animal subjects, particularly because the animal subjects usually bear all the risks while human beings realize all the benefits. Debates also centre on judging how much pain is too much, whether or not animals experience pain in the same way that humans do and whether or not these ideas should even factor into the debate at all.
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To assure that research with animals is conducted ethically and responsibly, the government has created regulations involving the use and care of animals involved in teaching, testing, and research.Animals are used for many purposes within schools, universities and research establishments. Others are studied within their natural habitats. The purposes for which they are used and the impact on these animals themselves varies considerably. In all cases, it is essential that the individual animal is treated in humane and considerate manner.Regulation and ControlsResearch and teaching using animals may only be performed when they are essential:To obtain and establish significant information relevant to the understanding of humans and/or animals; For the maintenance and improvement of human and/or animal health and welfare; For the improvement of animal management or production; To obtain and establish significant information relevant to the understanding, maintenance or improvement of the natural environment; or For the achievement of educational objectives. Projects using animals may only be performed after a decision has been made that they are justified, weighing the predicted scientific or educational value of the research against the potential effects on the welfare of the animals. Investigators and teachers must submit a written proposal to an Animal Ethics Committee for all animal projects which must take into account the expected value of the knowledge to be gained, the justification for the project and all ethical and animal welfare aspects taking into account the 3RS - Replacement, Reduction and Refinement as outlined in the Australian Code of Practice for the Care and Use of Animals for Scientific Purposes.In South Australia compliance with the Australian Code of Practice for the Care and Use of Animals for Scientific Purposes (the Code) is mandatory and a legal requirement. Breaches of the Code can incur penalties under the Animal Welfare Act 1985. The purpose of the Code is to ensure the ethical and humane care and use of animals in research and teaching. The principles set out in the Code are for guidance of investigators, teachers, institutions, Animal Ethics Committees (AECs) and all people involved in the care and use of animals for scientific purposes.The Code emphasizes the responsibilities of investigators, teachers and institutions using animals to ensure that the use of animals is justified, that the welfare of the animals is always considered, to promote the development of techniques that replace
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the use of animals, to minimise the numbers of animals used and to refine procedures to avoid pain or distress in animals.The 3 Rs: Replacement, Reduction and RefinementEncapsulated in the code of practice for the care and use of animals for scientific purposes is the requirement for scientific and teaching activities to consider the 3Rs.1. Replacement: Techniques that totally or partially replace the use of animals for scientific purposes must be sought and used wherever possible.2. Reduction: Each project must use no more than the minimum number of animals necessary to ensure scientific and statistical validity. The principle of reducing the number of animals used should not be implemented at the expense of greater suffering of individual animals. Scientific and teaching activities involving the use of animals must not be repeated unless essential for the purpose or design of the project. Teaching activities must involve no more than the minimum number of animals required to reach the educational objectives. Overproduction of animals bred for scientific purposes should be avoided so that the need to kill healthy animals is minimized.3. Refinement: Animals must be suitable for the scientific purpose taking into account their biological characteristics including behaviour, genetic attributes and nutritional, microbiological and general health status. The design and management of animal accommodation should meet with species-specific needs. Special consideration is required where this is precluded by the requirements of the project. Animals should be transported, housed, fed, watered, handled and used under conditions that meet species-specific needs.The welfare of the animals must be a primary consideration in the provision of care, which should be based on behavioural and biological needs. Wildlife should not be taken from natural habitats unless animals bred in captivity are not available or are not suitable for the specific scientific purpose. Investigators and teachers who use animals for scientific purposes must employ the best available scientific and educational techniques and be competent in the procedures they perform or must be under the direct supervision of a person competent in the procedure.Projects should be designed to avoid both pain and distress in animals. If this is not possible, pain or distress must be minimized. Pain and distress cannot be evaluated easily in animals and therefore investigators and teachers must assume that animals experience these in a manner similar to humans unless there is evidence to the contrary. Decisions regarding the animals' welfare must be based on this assumption. An animal with signs of pain or distress not predicted in the proposal must have the pain or distress alleviated promptly. Alleviation of such pain or distress must take precedence over completing the project. If this is not possible the animal must be euthanized without delay.
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Scientific and teaching activities that may cause pain or distress of a kind or degree for which anaesthesia would normally be used in medical or veterinary practice must be carried out using anesthesia appropriate to the species and the procedure. Pain management appropriate to the species, the procedure and the circumstances must be provided. The use of local or general anesthetic, analgesic or tranquilizing agents must be appropriate to the species, and should at least parallel their use in current medical or veterinary practice. Where it is established that the purpose of the project precludes the use of anesthetic or analgesic agents to alleviate pain, the planned endpoint of the project must be as early as feasible to avoid or minimise pain or distress in the animals. Neuromuscular blocking agents must not be used without appropriate general anesthesia, except in animals where sensory awareness has been eliminated. If such agents are used, continuous or frequent monitoring of paralyzed animals is essential to ensure that the depth of anesthesia is adequate to prevent pain or distress. Death as an end point must be avoided wherever possible. Scientific and teaching activities involving the use of animals must be of minimum duration compatible with the objectives of the project.Copyright:Copyright is a form of intellectual property protection granted under the Indian law to authors. This will include literary work, songs, sound recordings, cinematographic films, computer programs, tables and databases. Copyright ensures that authors can protect their work and those who steal it can face legal action.Copyright is a right given by the law to the creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. Copyright law gives an author or creator of a work a diverse bundle of exclusive rights over his work for a particular period of time. In Gramophone Co. v. Birender Bahadur Pandey, AIR 1984 SC 667, Chinnapa Reddy, J. observed that an artistic, literary or musical work is the brainchild of the author, the fruit of his labour and so, considered to be his property. It is, therefore, recognised by all civilized nations to be worthy of protection through national laws and international conventions. Copyright law protects the owner of the copyright in a work from an unlawful reproduction or exploitation of his work by others. The Copyright law protects expressions of ideas rather than the ideas themselves. Under section 13 of the Copyright Act 1957, copyright protection is conferred on literary works, dramatic works, musical works, artistic works, cinematograph films and sound recording. For example, books and computer programs are protected under the Act as literary works.Copyright refers to the exclusive rights vested in the owner of copyright by virtue of Section 14 of the Copyright Act, 1957. The owner of the copyright or someone who is authorized to act on behalf of the owner can exercise these rights.
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Copyright protection is conferred on all original work that has not been copied from elsewhere. It could be writing, music, film or sound recordings. Copyright protection starts the moment you create any work. It is a good idea to obtain copyright registration to ensure proper protection. It also ensures that there is documented evidence of a work in the Copyright Register maintained by theRegistrar of Copyrights. Registration also will be of great help when you as the copyright holder want to take civil or criminal action against the infringer.As per Section 17 of the Act, the author or creator of the work is the first owner of copyright. An exception to this rule is when an employer becomes the owner of copyright in circumstances where the employee creates a work during employment.As India is a member of the Berne Convention, copyright protection of work first published in India is available across several countries of the world who are members. The duration of copyright protection in India as per the Copyright Act, 1957 is 60 years. The five amendments were made to Copyright Act, 1957 during 1983, 1984, 1992, 1994, 1999 and 2012 after its implementation in 1958 (Copyright Office, GoI). The Copyright (Amendment) Rules, 2021 were recently notified by the Ministry of Commerce and Industry (Department for Promotion of Industry and Internal Trade), GoI Notification, 2021.Section 57 of the Act details two basic rights of an author which are:1. Right of Paternity.2. Right of Integrity.Right of Paternity refers to the right of an author to claim authorship of work. It also confers the right to prevent others from claiming authorship of his work.Right of integrity empowers the author to prevent distortion, mutilation or other alterations of his work that can harm his or her reputation.Intellectual Property Rights (IPR) Intellectual property (IP) refers to ideas, inventions, and creativity of mind that had given the readiness of the public to grant the status of the property. World Intellectual Property Organization (WIPO) defined Intellectual property as creations of the mind, such as inventions, literary and artistic works, designs, symbols, names and images used in commerce (WIPO, https://www.wipo.int/about-ip/en/). Intellectual Property Rights (IPR) provides the right to the author for their creativity. Unlike Fundamental Rights of citizens which are guaranteed by the Constitution of a country, IPRs are statutory rights enacted by the lawmaking authority in a country.
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Conventionally, many forms of IPRs are recognised. They are traditionally classified into two main categories: Copyright and related rights:i.e., rights granted to authors of literary and artistic works, and the rights of performers, producers of phonograms and broadcasting organizations. The main purpose of protection of copyright and related rights is to encourage and reward creative work. The distinguishing feature of this category of rights is that they protect only the tangible expression of an idea and not the idea itself. Further, these rights generally come into existence the moment a work is created and need not be registered with any central authority. Industrial property:This category includes: oThe protection of distinctive signs such as trademarks and geographical indications, and oIndustrial property protected primarily to stimulate innovation, design and the creation of technology which are protected through laws on protection of inventions (patents), industrial designs and trade secrets.Copyright is one of the significant parts of intellectual property rights. The major types of intellectual properties are: Patents:It is an exclusive right granted to an invention which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem (WIPO,https://www.wipo.int/patents/en/)Industrial Designs:Features of any shape, configuration, surface pattern, the compositionoflinesandcoloursappliedtoanarticle (www.copyright.gov.in/Documents/handbook.html)Trademarks:Itis a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises by any mark, name, or logo (WIPO, https://www.wipo.int/trademarks/en/) Copyright:Expression of ideas in material form and includes thics and Intellectual literary, musical, dramatic, artistic, cinematography work, audio tapes, and computer software (www.copyright.gov.in) Geographical Indications:It is a sign used on products that have a specific geographical origin and possesses qualities or a reputation that are due to that origin (WIPO, https://www.wipo.int/ geo_indications/en/)The IPRs covered by the TRIPS Agreement are: Copyright and related rights (i.e. the rights of performers, producers of sound recordings and broadcasting organizations) Trademarks, including service marks Geographical indications including appellations of origin Industrial designs Patents including the protection of new varieties of plants Layout-designs (topographies) of integrated circuits Undisclosed information, including trade secrets and test dataTrade-Related Aspects of Intellectual Property Rights (TRIPS)
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The Agreement on Trade related Aspects of Intellectual Property Rights of the WTO is commonly known as the TRIPS Agreement or simply TRIPS. TRIPS is one of the main agreements comprising the World Trade Organisation (WTO) Agreement. This Agreement was negotiated as part of the eighth round of multilateral trade negotiations in the period 1986-94 under General Agreement on Tariffs and Trade (GATT) commonly referred to as the Uruguay Round extending from 1986 to 1994. It appears as Annex 1 C of the Marrakesh Agreement which is the name for the main WTO Agreement. The Uruguay Round introduced intellectual property rights into the multilateral trading system for the first time through a set of comprehensive disciplines. TRIPS agreement was signed on 15th April 1994 and it came into effect on January 1st,1995. It is a multilateral agreement on intellectual property (IP) between WTO members on traderelated aspects. TRIPS combined conventions of World Intellectual Property Organization (WIPO) namely the Paris Convention for the Protection of Industrial Property and the Berne Convention for the Protection of Literary and Artistic Works for setting up standards for the protection of IPR. The WIPO administers many other international conventions on IPRs also.The other characteristics of the TRIPS agreement are enforcement of IPR and resolution of disputes related to trade among the members (Source: WTO, https://www.wto.org/english/tratop_e/ trips_e/intel2_e.htm) The TRIPS Agreement is part of the “single undertaking” resulting from the Uruguay Round negotiations. This implies that the TRIPS Agreement applies to all WTO members, mandatorily. It also means that the provisions of the agreement are subject to WTO dispute settlement mechanism which is contained in the Dispute Settlement Understanding (the “Understanding on Rules and Procedures Governing the Settlement of Disputes”). The TRIPS Agreement is one of the most important agreements of the WTO.While the IPR Conventions and treaties create the international standards in protection of IPRs which are to be followed by the member countries, substantive trade related disciplines on IPRs under these international conventions have been adopted by reference into the WTO through the TRIPS Agreement. This means that the Agreement provides rules for trade and investment in ideas and creativity by incorporating standards laid down in certain exact provisions of the major IPR conventions. The WTO provides that “intellectual property” should be protected when trade is involved. Thus, through the TRIPS, the WTO makes it mandatory for all its member countries to follow basic minimum standards of IPR provided for under TRIPS and bring about a degree of harmonization of domestic laws in this field.Indian obligations under TRIPSTo meet international obligations under the TRIPS, various existing domestic IPR laws have been amended from time to time. For example, in the area of patents, the Indian Patent Act 1970 was amended in order to make it conform to TRIPS. The first
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amendment to the Patent Act 1970 was effected through the Patents (Amendment) Act, 1999 that was brought into force retrospectively from 1st January, 1995. The amended Act provided for filing of applications for product patents in the areas of drugs, pharmaceuticals and agro chemicals even though such patents were not allowed. However, provision was made that such applications were to be examined only after 31-12-2004. This was necessitated in view of the transitional arrangements allowed under the TRIPS Agreement. Under the transitional arrangements, a grace period was allowed to developing country members to make their laws TRIPS-compatible provided they met certain conditions. One such st condition was that to avail of 10 year grace period (till 1 January 2005) under TRIPS, a 'mail-box' of applications would have to be created in which all product-patent application would be placed for subsequent examination on merits from January 2005. In the intervening period, the applicants were to be allowed Exclusive Marketing Rights (EMR) to sell or distribute these products in India, subject to fulfilment of certain conditions. The second amendment to the 1970 Act was made through the Patents (Amendment) Act, 2002. This Act came into force on 20 May 2003 with the introduction of new Patent Rules, 2003 by replacing the earlier Patents Rules, 1972. With these amendments, India met all its obligations relating to patent protection that it was required to meet by the year 2000 under the TRIPS Agreement. It also brought the Patents Act in conformity with the requirements of the Patent Cooperation Treaty of WIPO as modified until 2001. The third amendment to the Patents Act 1970 was introduced through the Patents (Amendment) Ordinance, 2004 with effect from 1st January, 2005. This Ordinance was later replaced by the Patents (Amendment) Act 2005 (Act 15 of 2005) on 4th April, 2005 which was brought into force from 1-1-2005. This amendment obliged India to grant product patents to drugs and medicines and food and chemical products. This final amendment brought India in full compliance with its TRIPS obligations. Similarly, in the case of trademarks, the governing law in India now is Trade Marks Act, 1999 brought into force with effect from September 15, 2003 to bring it in compliance with TRIPS by repealing the Trade and Merchandise Marks Act, 1958. The Copyright Act, 1957 today is compliant with most international conventions and treaties in the field of copyrights. India is a member of the Berne Convention of 1886 (as modified at Paris in 1971), the Universal Copyright Convention of 1951 and TRIPS. Though India is not a member of the Rome Convention of 1961, the Copyright Act, 1957 is fully compliant with the provisions of this Convention. Two new treaties, collectively termed as Internet Treaties, were negotiated in 1996 under the auspices of the World Intellectual Property Organization (WIPO). These treaties are the 'WIPO Copyrights Treaty (WCT)' and the 'WIPO Performances and Phonograms Treaty (WPPT)'. These treaties were negotiated essentially to provide for protection of the rights of copyright holders, performers and producers of phonograms in the Internet and digital era. India is not a member of these treaties. However, the current set of
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amendments placed by the Government before the Parliament seeks to bring the law in conformity with these treaties as well. Writing a Scientific Research Report (IMRAD)IMRaD is an acronym for Introduction, Methods, Results, and Discussion. It describes the format for the sections of a research report. The IMRaD (or IMRD) format is often used in the social sciences, as well as in the STEM fields.“IMRaD” format refers to a paper that is structured by four main sections: Introduction, Methods, Results, and Discussion. This format is often used for lab reports as well as for reporting any planned, systematic research in the social sciences, natural sciences, or engineering and computer sciences.While IMRaD provides a logical flow and concise structure, the format does not follow the actual research process. Thus, when it comes to the writing process, experts recommend structuring manuscripts in the following order (with sections varying in length):1.Materials and Methods:This section can be written first while conducting the experiment.2.Results:Statistical analyses will provide a better understanding of the study impact.3.Introduction:This section should be written after the actual experiment as it can include brief data on materials and methods.4.Discussion:Based on the study results, research weaknesses are also a major component in the Discussion section.5.Conclusion:It should describe the main research conclusions and their impact.6.Title: This is one of the most challenging aspects of writing. Thus, researchers are encouraged to write down a few titles and select one to modify further.7.Abstract: This part comes last as it should be based on all the previous sections.Introduction – Make a case for your researchThe introduction explains why this research is important or necessary or important. Begin by describing the problem or situation that motivates the research. Move to discussing the current state of research in the field; then reveal a “gap” or problem in the field. Finally, explain how the present research is a solution to that problem or gap. If the study has hypotheses, they are presented at the end of the introduction.Methods – What did you do?
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The methods section tells readers how you conducted your study. It includes information about your population, sample, methods, and equipment. The “gold standard” of the methods section is that it should enable readers to duplicate your study. Methods sections typically use subheadings; they are written in past tense, and they use a lot of passive voice. This is typically the least read section of an IMRaD report.Results – What did you find?In this section, you present your findings. Typically, the Results section contains only the findings, not any explanation of or commentary on the findings (see below). Results sections are usually written in the past tense. Make sure all tables and figures are labeled and numbered separately. Captions go above tables and beneath figures.Discussion – What does it mean?In this section, you summarize your main findings, comment on those findings (see below), and connect them to other research. You also discuss limitations of your study, and use these limitations as reasons to suggest additional, future research.Abstract – Summarize the entire studyThe abstract for the report comes at the beginning of the paper, but you should write it after you have drafted the full report. The abstract provides a very short overview of the entire paper, including a sentence or two about the report’s purpose and importance, a sentence or two about your methods, a few sentences that present the main findings, and a sentence or two about the implications of your findings. (See our handout on Writing Abstracts.)ReportingversusCommentingonyourFindingsIn the Results section, you simply report your findings. In the Discussion section, you comment on them.Report(Results section)1. Refer to your table or figure and state the main trendTable 3 shows that Spam Filter A correctly filtered more junk emails than Filter B2. Support the trend with dataFilter A correctly filtered....The average difference is....3. (If needed) Note any additional, secondary trends and support them with dataIn addition....Figure 1 also shows....4. (If needed) Note any exceptions to your main trends or unexpected outcomes.However....Comment1. (If needed) Provide an explanation
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(Discussion section)A feasible explanation is....This trend can be explained by....2. (If needed) Compare to other researchX is consistent with X’s finding... In contrast, Y found....3. (If needed) Evaluate whether the findings support or contradict a hypothesis4. State the bottom line: what does the data mean?These findings overall suggest....These data indicate....Common problems in IMRAD drafts:The Abstract does not provide a clear statement of the main findings.The Introduction does not communicate clearly why the research is important.The Methods section is not detailed enough or is disorganized.The Results section provides comments and explanations instead of simply reporting results.Introduction: The Introduction is one of the essential parts of a manuscript as it describes the research problem of interest. This section provides relevant background information and describes the purpose of the study; including current cite reviews of conflicting results. When it comes to research aims, researchers must conduct clinical trials to fill a gap in the existing knowledge by reducing waste and increasing research value. Additionally, authors can include a few sentences about the study procedure.Materials and Methods: The Materials and Methods section describes the study procedure and methodologies. Note that this part should be written in the past tense. Methods and Materials should be detailed enough to facilitate reproducibility. As explained earlier, reproducible research is crucial as it’s a mark of credibility and ethical responsibility. Reproducible research is particularly relevant in big data research. Thus, the authors must present all the methods and statistical procedures employed in their study. To improve readability, different subheadings (for each methodology) can be included.Results: The Results section should follow a logical order, which is usually arranged in order of importance. Authors can use subheadings to separate the data. Note that this section does not include any interpretations or implications, but the study results and their statistical importance (including p values). Visuals and display items (e.g., tables, charts) can also convey vital data and facilitate readability.Discussion and Conclusions: The Discussion section should explain the meaning of the study results. In this section, authors should state if their findings are consistent with existing research or contrasting with previous studies. Inconclusive results and
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limitations are also essential in objective science as they highlight the need for additional experiments and future research. In fact, researchers should always discuss how their study expands on previous findings and contributes to existing scientific knowledge.Citation and AcknowledgementThis usually follows the Discussion and Conclusions sections. Its purpose is to thank all of the people who helped with the research but did not qualify for authorship (check the target journal’s Instructions for Authors for authorship guidelines). Acknowledge anyone who provided intellectual assistance, technical help (including with writing and editing), or special equipment or materials.A citation is both a signpost and an acknowledgement. As a signpost, it signals the location of your source. As an acknowledgement, it reveals that you are indebted to that source. A citation can appear in different formats: within the text (in-text citation) at the bottom of the page (footnotes), or at the end of the paper (endnotes). Different disciplines use different formats. The mechanics of citing are complicated, and vary in each format. To answer specific questions on the mechanics of citation, please consult sources describing each type. You may find it most useful to think about how citations function as a way for you as a writer to communicate with your reader. By using citations, you keep the reader always apprised of whose idea or words you are using at any given time in each sentence and in each paragraph. Three Reasons Why Citation is Important Citation is important because it is the basis of academics, that is, the pursuit of knowledge. In the academic endeavor, individuals look at evidence and reason about that evidence in their own individual ways. That is, taking what is already known, established, or thought, they use their reasoning power to create new knowledge. In creating this knowledge, they must cite their sources accurately for three main reasons: Reason One: Because ideas are the currency of academia First, citing sources is important because the currency of academia is ideas. As a result, academics want to accumulate that currency; they want to get credit for their contributions. When a writer cites ideas, that writer honors those who initiated the ideas. Reason Two:Because failing to cite violates the rights of the person who originated the idea Second, keeping track of sources is important because, if you use someone else's idea without giving credit, you violate that person's ownership of the idea. To understand this violation, envision the following scenario: You and your friend are discussing some ideas from class during lunch one day, and you make what you consider to be a particularly insightful observation. During class discussion that afternoon, your friend brings up your observation but neglects to point out that it is yours, not his. The professor beams and compliments your friend on his clear and insightful thinking. In this scenario, you likely feel that there's something unfair about your friend’s implicit claim that your idea was his or her own. After all, you had been thinking about the idea, perhaps had devoted time to developing it, and you are not getting credit for it. Worse,
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someone else is. That sense of violation you feel, the sense that something valuable has been stolen from you, suggests why failure to cite sources hurts another person. The Importance of Citation - 2 - Reason Three:Because academics need to be able to trace the geneology of ideas Third, keeping track of sources is important because academics value being able to trace the way ideas develop. Consider the scientist who looks at an experiment described in a new publication, and then decides to perform an experiment to extend the results. At the same time, other scientists are planning experiments to test the findings, to contest the findings, to relate the findings to their own research: all of these "second generation" experiments owe their inspiration to the original idea. If another person reads one of the "second generation" ideas, proper citation will allow that person to explore the original publication to trace the way the idea has developed. In general, scholars must be able to trace how ideas develop in order to consider, think about, and test them accurately. So giving credit to the original source of ideas is the right thing to do, as well as the basis on which academia is built. For more discussion on the ethical responsibilities of scientists in citing sources, sharing credit, and other matters, please see On Being a Scientist: Responsible Conduct in Research, Second Edition (National Academy of Sciences, National Academy of Engineering, Institute of Medicine 1995). These three reasons suggest why it is important both to cite sources and to use them well. And neither is easy. You will learn about how to cite, when to cite, and why to cite throughout your college career. Your work in the tutorial is intended only to help you begin to consider these complicated questions.Plagiarism:Plagiarism is basically using someone else’s words or ideas as your own without attributing it to the original source. It is akin to stealing intellectual property as it is appropriating credit for other people’s ideas or sentences. It is an act of intellectual dishonesty. It is protected by laws of the land. Three attributes that are sacrosanct for any publishing house are: • Credibility• Reliability• ProfessionalismA good publishing firm will always stick to ethical values as ultimately that is its biggest strength. This is also what serious readers want. They want original and reliable content and not content that has been “lifted” from another published work or even from an independent writer who has written this elsewhere and has just recycled it.It is plagiarism when a writer picks up information gathered by another writer and weaves it into his story without crediting the original source. It is plagiarism when sentences and paragraphs are copied and woven into your article. It is plagiarism when an idea propounded by someone else is picked up and propounded as your idea. It is
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just not done. Important values like integrity and credibility get damaged when there are charges of plagiarism. It dents the reputation of both the writer and the publishing house. Plagiarism destroys the reputation of the writer and the publishing house that carries that work. Once it is detected, both will find it extremely difficult to regain their reputation. Readers will always suspect them even if they stick to the truth as they would suspect it has been lifted from elsewhere.With so much of content floating around and with information available on anything imaginable, the temptation to just lift material is huge. Those who do it also feel that they will not be caught. But today, there is easily available software on the internet itself to detect plagiarism in minutes. Many careers have been cut short even before they started as they were caught pushing content written byothers as their own. It is also very easy for any reader to figure out if you have lifted material using search engines for detection. Educational institutions now use this software to detect plagiarism by students in their assignments.AVOIDING PLAGIARISM IN WRITINGOne of the ways that will help is to organize your research in such a way that when you pick up some material, you must immediately make a note of it so that you will end up attributing it. Also, write everything in your own words even if you find material which is well-written and you feel it is ideal to use it.One way of not falling into the tempting trap of plagiarism is to do your own research. It will ensure that your information is original. You will also feel good about it. In case you want to add some vital information that you have not got but someone else has, make sure to credit it to them. Many Indian websites are now doing this and it has only added to their credibility.Plagiarism checking tools:Some of the paid plagiarism detection software are iThenticate (http://www.ithenticate.com)Turnitin (https://turnitin.com)Ephorus (http://www.ephorus.com)Urkund (http://www.urkund.com)Plagiarism Scanner (http://www.plagiarismscanner.com)Some examples of free online software are Duplichecker Checker (http://www.duplichecker. Com )Viper (http://www.scanmyessay.com)Plagium (http://www.plagium.com)
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Plagiarism Checker (http://www.plagiarismchecker.com)For professional writers, the best way to avoid plagiarism is to use plagiarism checking tools like Turnitin after they have finished writing. Then, while doing the final editing, they can attribute sources of information and quotes. In case you want to quote or even paraphrase an author’s idea, take care to attribute it right there so that you do not forget to do it later. If you are doing an academic paper, you could use a citation organization tool such as Zotero or EndNote. It is better to be safe than sorry. It may be a good idea to also create a bibliography using a free bibliography generator tool. One of the advantages of using a plagiarism checker is that you may stumble upon sentences that you have in your copy that closely resembles something that you read while researching and unconsciously got into your writing. Resources like Quetext can help you to compare your work with millions of others. With advanced technology to detect plagiarism, there is no escapeATTRIBUTIONAlways remember that you must use quotation marks when you are picking up an idea or concept or comment that someone has made to you. By using quotation marks, you are making it clear that someone else said it and it is not your thought. You must also identify who said it. Then it becomes clearly apparent to the reader that you drew on someone else’s ideas. A lot of facts, data and statistics would come from other published sources. It is important to tell the reader where you got it from. It adds to the credibility of the piece and the best thing is that you have not compromised on your sense of ethics.Types ofPlagiarismDirect Plagiarism: It is Direct Plagiarism when you copy someone else’s work word for word. Inserting a paragraph as it is without attributing it to its writer is direct plagiarism. Even if you get someone to write for you and not credit that person, it is Direct Plagiarism.Paraphrase Plagiarism: When you make a few minor changes to someone’s work and then pass it on as your original work, it is Paraphrase Plagiarism. Many think that it is okay to paraphrase someone else’s work or ideas in your own words. It is certainly not okay. It is plagiarism if you are not attributing it to the author or thinker. Take care to ensure that you do not give the feeling that the ideas are yours when they are not.Mosaic Plagiarism: When you borrow phrases that have been articulated by a source without using quotation marks and attributing it, it is Mosaic Plagiarism. Many think they are smart and try to camouflage plagiarism by superficially changing words or sentences.
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Accidental Plagiarism: It is Accidental Plagiarism when citations are not there or when sources are incorrectly cited as you are careless with your writing, editing and cross checking.Self-Plagiarism: If you copy your own work and then submit the same which has already been published elsewhere without mentioning it, it is Self Plagiarism. Just changing a sentence here and there or mildly altering its structure is not enough; you need to have new ideas and concepts for it to be worthy of being published again. One way to avoid Self Plagiarism is to rewrite the article with a new focus, add new information, get fresh interviews, add some additional boxes with information and, maybe, adopt a new style of writing.Reproducibility andAccountabilityResearchers need to apply the principles of openness to all the stages of their research cycle as a step forward towards Open Science to increase openness, integrity, collaboration, and reproducibility in scholarly research.Reproducibility, closely related toreplicabilityandrepeatability, is a major principle underpinning thescientificmethod. For the findings of a study to be reproducible means that results obtained by anexperimentor anobservational studyor in astatistical analysisof adata setshould be achieved again with a high degree of reliability when the study is replicated. Accountability is a central issue in ethics and politics, one closely related to other concepts such as responsibility, integrity, and authenticity. In ethics, individuals are held accountable for their actions. In a democracy, citizens of the state ultimately hold politicians accountable. In both instances, however, there are questions about how such accountability is to be practiced, and in reference to what standards. Similar questions arise with regard to accountability in scientific and engineering research.Accountability in researchorresearch accountabilityas general terms may thus refer to a range of concerns and practices related to the philosophies, policies, systems, procedures, and standards for analyzing and promoting ethical conduct in research.In the worlds of business, finance, and government, accountability also implies a more specific reference to accounting in the sense of bookkeeping methods that involve maintaining the financial records of monetary transactions and the regular preparation of statements concerning the assets, liabilities, and operating results of some activity. To assure the accuracy of such financial accounts, one well-developed dimension of the accounting profession is auditing. Audits review and examine accounts to determine whether they are reasonably accurate and presented in an understandable manner. The attempt to adapt such methods from the fields of business and finance to those of scientific research is called data auditing (DA), and constitutes a special effort to assure accountability in research.
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