Dear Flemming,

As I understand it (I may be wrong), the final responsible institutions are 
those where the authors work. But as you say, they sometimes don't even reply - 
or they just may be very slow because they want to be really sure before 
committing to any answer.

But the journal has a responsibility also, to retract the paper if there is a 
serious suspicion the data were not obtained ethically. Of course, it may be 
difficult to prove ownership of a pdb file, if both authors claim ownership 
there is not really a way the journal can decide who is right. In my opinion, 
the journal should officially contact the institutions where the authors work 
to try and resolve this. The institutions may take the journal more seriously 
than a single researcher.

A generally respected institution that may advise on authorship disputes is 
COPE, Committee on Publication Ethics: https://publicationethics.org/ 
<https://publicationethics.org/>
May also take a while though...
They have a database with anonymised examples of previously resolved disputes 
that may be helpful - you may find a similar situation on which they have 
"ruled". These are of course not legal rulings, but are considered by their 
members (most respectable journals) as a strong guideline.
This case may have similarities:
https://publicationethics.org/case/claim-stolen-data-and-demand-retractions 
<https://publicationethics.org/case/claim-stolen-data-and-demand-retractions>

Best of luck,

Mark

Mark J van Raaij
Dpto de Estructura de Macromoleculas
Centro Nacional de Biotecnologia - CSIC
calle Darwin 3
E-28049 Madrid, Spain
tel. (+34) 91 585 4616


> On 20 Aug 2019, at 17:45, Flemming Goery <flemming_go...@hotmail.com> wrote:
> 
> Dear All, 
> 
> A and B belong to 2 different institutes. A claimed B has used his pdb for a 
> publication in Journal C. Journal C did not give the retraction, but permit 
> complain related to the journal publication author issue, with the 
> prerequisite journal C did not have the authority on authorship dispute. Then 
> A has e-mailed to the institute head of B with academic misconduct by B as 
> claim, the institute head of B did not give reply.
> 
> In this situation, can A have the journal  authorship  dispute settled by a 
> neutral reviewer (Journal C view: you (A) need to reach out to the 
> institutions that have authority to adjudicate on such matters, as 
> investigation and adjudication on authorship claims falls outside the remit 
> of journal editors. )? Who are qualified as the neutral reviewer so that the 
> review decision can be submitted to Journal C?
> 
> If you believe you are qualified, or you know somebody or some organization 
> qualified, please let me know and I will introduce the issue to you by 
> separate e-mail (it is best not disseminated, am I right?)
> 
> Best regards.
> 
> Flemming
> 
> 
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