The Replication Crisis and IP Law: A Novel Policy Tool for Open Science

By Or Cohen-Sasson & Ofer Tur-Sinai. 

In recent years, the scientific community has faced a considerable problem—the replication crisis. Replication is the process of verifying scientific findings by repeating a published study. It is considered a cornerstone of the scientific enterprise, contributing to the credibility of research findings. Over the past two decades, however, replication has become increasingly difficult; in fact, in some disciplines the nonreplicability rate is over 50%. A major factor accounting for this is diminished access to research materials required for replication (replication materials). This problem is particularly acute in computational studies, where the code, software documentation, datasets, and other information are often not shared. In this Article, we address the replication crisis from the perspective of intellectual property (IP) law . . . Full Article.