Sample and Data Sharing Principle


Chapter I General Principles

Article 1 China National GeneBank DataBase (CNGBdb) (hereinafter referred to as "platform" / "CNGBdb") is a scientific data service platform built for biological sample and data sharing and application services to the research community. Based on the big data and cloud computing technologies, it provides data services such as archive, analysis, knowledge search, management authorization, and visualization. Users will negotiate and determine on their own the ownership of results, intellectual property rights, other rights in the use of CNGBdb Public data outputs, the allocation and the revenues while CNGBdb do not own any ownership.

Article 2 The CNGBdb Sample and Data Sharing Principle (“the Principle”) provide users with normative guidelines, and in the event of a conflict or inconsistency between the Principle and Terms and Conditions, Terms and Conditions shall prevail. Users should use CNGBdb’s services abide by all applicable laws and rules. Drafting of The Principle is based on all applicable latest laws, regulations and international treaties, such as the “Regulation of the People’s Republic of China on the Administration of Human Genetic Resources”, “Scientific Data Management Policy”, “Convention on Biological Diversity” and so on.

Article 3 The data type in the Principle includes metadata(Sample, Project, Experiment/Run information)and data from Gene, Protein, Metabolomics, Images, Clinical trials, Biomarkers, Reference materials, Articles and Literature, and so on.

Article 4 CNGBdb keeps the standardization of data formats by formulating unified data standards, and adopts strict physical and information security measures to ensure data security. CNGBdb will not transfer or disclose your data, except as necessary for data safety monitoring, national audits or as otherwise required by law.

Chapter II Data Submission

Article 5 The data is submitted by users (Data Submitter, refers to the users who submitted data to CNGBdb). CNGBdb will require Data Submitter to submit relevant approved materials according to the Data access manner selected. CNGBdb reviews the completeness, the correctness of the application, and the consistency in what has submitted. The Data Submitter should promise that all information (including but not limited to the given information and submitted data) involved in this data submission application is in accordance with the relevant laws, regulations, biosafety and bioethics principles of China and other relevant countries/regions.

Article 6 Data Submitter should submit data in accordance with CNGBdb data standards and submission procedures, and ensure the completeness, accuracy, authenticity and validity of the submitted data.

Chapter III Open Access and External Provision

Article 7 According to the Data access manner selected by Data Submitter, CNGBdb clearly defines access/download rights, data acquisition conditions, procedures, and usage specification to create a fair and reliable sharing environment.

Article 8 Data access manner of CNGBdb is defined to be Public, Controlled, and Private.

1) Public Data

Public Data refers to data whose data access manner is "Public". That is, the metadata and data files associated with the project will be public. Public Data will be open to the world, accepting the free access of users and download by registered users.

2) Controlled Data

Controlled Data refers to data whose data access manner is "Controlled". That is, the metadata associated with the project will be public and the data files will be controlled. Users can apply for access to Controlled Data. You need to set the release date of metadata, and all metadata associated with the project will be public on that date.

3) Private Data

Private Data refers to data whose data access manner is "Private". That is, the metadata and data files associated with the project are controlled. Private Data is not accessible, and no access or download application is accepted.

Article 9 As a scientific data service platform, CNGBdb archives data and requires relevant certification materials according to the Data access manner (Public, Controlled, and Private) selected by Data Submitter.

Article 10 All activities conducted by users in CNGBdb should strictly comply with the laws, regulations, policies, biosafety and bioethical principles of China and other relevant countries or regions, and shall not endanger public health, national security and public interest or the legitimate rights and interests of others.

Article 11 If any data information submitted to CNGBdb or published through CNGBdb involves human genetic resource (HGR, the term “human genetic resources (HGR)” includes human genetic resources materials and human genetic resources information according to the “Regulation of the People’s Republic of China on the Administration of Human Genetic Resources”. The term “HGR materials” means genetic materials such as organs, tissues and cells which contain human genomes, genes and other genetic substances. The term “HGR information” means information materials such as data generated from the utilization of HGR materials.) information, the Data Submitter and Data Submitter Institution(s) guarantee and warrant that all data he /she submitted on CNGBdb are legal and all the activities he/she have carried out or will carry out should be in accordance with the relevant laws, regulations, biosafety and bioethics principles of China (including but not limited to the “Regulation of the People’s Republic of China on the Administration of Human Genetic Resources”), and will submit relevant certification materials (such as Recordation and the record-filing form with the MoST (China’s Ministry of Science and Technology) Human Genetic Resource Administration) to prove its legality.

Chapter IV Intellectual Property

Article 12 Users will negotiate and determine on their own the ownership of results, intellectual property rights, other rights in the use of CNGBdb Public Data outputs, the allocation and the revenues.

Article 13 If Data Applicants apply for Controlled Data through CNGBdb and reach a cooperation intention, they shall negotiate, sign a material / data transfer agreement, and clearly stipulate fees, transfer methods, intellectual property rights distribution, etc. on their own under legal premises. The user’s aforementioned behavior is independent of the platform. The allocation of intellectual property rights by users should comply with legal regulations. When involving the use of HGR information for international cooperative scientific research, it should also comply with the relevant provisions on the allocation of intellectual property rights in the "Regulation of the People’s Republic of China on the Administration of Human Genetic Resources".

Article 14 Users will reference the contributor and funding organization of the original research, as well as CNGBdb project number, in all oral or written presentations, disclosures, or publications, patents, etc., that utilize CNGBdb shared data outputs.

Chapter V Appendix

Article 15 The Data Submitter guarantee and warrant that all information (including but not limited to the given information and submitted data), documentation and materials sending to CNGBdb have been strictly personal reviewed and ensure all data are legal, true, complete and accurate. The user is responsible for any damage caused by the illegality, untruthfulness, incompleteness and inaccuracy of the above data, documents and materials. And the Data Submitter will bear the loss brought to the relevant users/organizations.

Article 16 CNGBdb and China National GeneBank (CNGB) reserve the right to hold users liable for violations of this principle and the terms and conditions of CNGBdb. If the data submitted by the user is found to be illegal, CNGBdb shall have the right not to store the illegal data. CNGBdb has the right to delete and report to the relevant state organs if any illegal data has been stored and filed.

Article 17 CNGBdb and China National GeneBank (CNGB) shall have the final right of interpretation of this principle.

Article 18 CNGBdb reserves the right to update this "Sample and Data Sharing Principle" from time to time in accordance with all applicable laws, regulations, policies and the needs of CNGBdb operation and management. The updated version will be released on the CNGBdb official website. If you do not agree to the changes made by CNGBdb to the “Sample and Data Sharing Principle”, you have the right to stop using the relevant services provided by CNGBdb and notify CNGBdb in writing. If you continue to use our services after the updated version is released, it means that you accept the updated content.