Dear researcher, a researcher published my data without my consent. I have raised this issue on front of the journal. So can I take any legal action against them?
Yes, in a nutshell!
It's an IP issue and research fraud at the same time.
I have worked on a number of such cases of plagiarised data. I am happy to give free advice no strings attached if you want to contact me
Dear Sir,
We 2 authors were preparing the data for publication, i have collected the data and drafting the whole manuscripts. i sent it to the second author for final check, so she removed my name as author, put other names in co authorship and later i got it, she published the article without my consent
If you still have the data then you can contact the journal and inform them that they have published plagiarised data.
Hello, Shujat.
Is the second author your supervisor (or the supervisor of the project in which you collected data and wrote the paper)?
Are you and this person citizens of the same country or different countries? Do you work in the same country or in different countries?
Let's take the easiest option for you. If you and the second author work in the same institution, you can go to the lawyer of this institution, who should help you (at least in Russia in-house lawyers help employees in such situations for free). If you work in different institutions but in the same country (or the second author is your boss and you are afraid that the institution's lawyer won't help you against your boss), you can go to a legal consultant in the country where you work.
The worst case, in my opinion, is if you and the second author work in different countries and yet are citizens of different countries. But you should still contact a lawyer in the country where you work. A lawyer will at least tell you which country's laws should apply to your problem.
Best regards,
Marina
Dear Marina Komashko
I sincerely appreciate your suggestion, so I brought up the matter with the journal, who stated that following an examination, the plagiarized data would be rejected. After that, I'll bring a case against the relevant author.
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