Lexis Nexis has published an article co-written by Donoghue Barrett & Singal’s Cal Stein and Penningtons Manches’ Jim Kinnier-Wilson reviewing the legal aspects of scientific research misconduct. The article is published in full below.
IP & IT analysis: In this transatlantic article, we take a look at the legal aspects relating to scientific misconduct, both here in the UK and across the pond in the US. Jim Kinnier-Wilson of Penningtons Manches considers the position in the UK and Callan Stein of Donoghue Barrett & Singal outlines the state of play in the US.
Jim Kinnier-Wilson (JKW): In the UK, there is no specific wrong-doing of scientific misconduct. Essentially it is up to each employer to set out the ethical and professional standards that it expects its scientists to adhere to. Nevertheless there are attempts to provide a unified, albeit voluntary, approach through mechanisms such as the Concordat to Support Research Integrity from Universities UK, and the Policy and Guidelines on Governance of Good Research Conduct from the Research Councils of the UK (RCUK).
Within these frameworks, research misconduct has no single definition, but can be thought of to include at least:
- fabrication
- falsification
- plagiarism
- misrepresentation
- failure to follow established protocols and ethics standards…
