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This is an HTML version of an attachment to the Freedom of Information request 'Spin out companies'.
 
 
Paul Philips  
 
[FOI #15269 email]  
25 August 2009 
Our Ref: FOI 2009/134 - F0065600 
Dear Mr Philips, 
 
Re: Freedom of Information (Scotland) Act 2002 (The Act) – Request for Information 
 
Thank you for your email which was received by the University on 27 July 2009 timed 23:09 
hours, requesting the following information: 
 
 
1. Names of all spin out companies formed in the past five years, their dates of 
incorporation and named directors; 
2. Set-up costs for each company;  
3. The amount of any income generated by each company; 
4. The names of those companies which have made sales and which have made 
profits. 
 
 
University’s Response 
 
1.  Names of all spin out companies formed in the past five years, their dates of 
incorporation and named directors 
 
Please see Appendix A attached for names of all spin out companies formed in the past five 
years, their dates of incorporation and named directors.  Please note we have interpreted the 
term “spin out company” as any company formed either by the University or formed by a third 
party in which the University has a shareholding with the aim to commercialise intellectual 
property generated at the University.   
 
Please also be advised that the incorporation date provided is the original incorporation date.  
Some of the companies have changed name since that date. 
 
2. Set-up costs for each company 
 
The set up costs for each company are not held on an individual basis but can be estimated 
as a total cost of £790k. 
 
DATA PROTECTION AND FREEDOM OF INFORMATION OFFICE 
Main Building, University of Glasgow, Glasgow G12 8QQ 
Data Protection: Telephone: 0141-330-3111 E-Mail: [email address] 
Freedom of Information: Telephone: 0141-330-2523 E-Mail: foi@gla.ac.uk 
The University of Glasgow, charity number SC004401 
 
 
 
 
 
 
We have interpreted set-up costs to mean salary and legal costs paid out by the University.  
There may be other costs that would be borne by the company and the investors. 
 
3. The amount of any income generated by each company 
 
Section 1 of the Act sets out the right of any person requesting information from a Scottish 
Public Authority, such as the University of Glasgow, but this general right is subject to a 
number of exemptions. After careful consideration and having applied both the “harm test” and 
the “public interest test” set out in the terms of the Act where appropriate, the University has 
reached the conclusion, after consultation with the relevant companies, that the requested 
income details should not be disclosed. That is, we consider that it is not in the interests of the 
public for the requested information to be disclosed. 
 
Section 33 (1)(b) Commercial interests and the economy 
 
The disclosure of the information would, or would be likely to, prejudice substantially the 
commercial interests of any person (including the University). 
 
The University of Glasgow considers that the release of the amount of income for the spin out 
companies is likely to prejudice substantially the commercial interests of both the University 
and the spin out companies. 
 
The University has considered the public interest by applying the “public interest test”. That is, 
the University has balanced whether the release of the information is in the public interest 
against whether disclosure would substantially prejudice its own, or another person’s 
commercial interests. The view of the Office of the Scottish Information Commissioner (OSIC), 
in its advice on the application of the “public interest test”, is that the public interest should not 
be interpreted as “of interest to the public”. That is, the potential release of the information 
must be in the interests of the public and not merely of individual interest. The public interest 
in the disclosure of the information requested is slight. The University of Glasgow operates in 
a very competitive environment and the public interest is in ensuring the continuing success of 
the University. The disclosure of the requested information would be likely to be detrimental to 
the public interest by inhibiting organisations from entering into relationships and working with 
the University.  
 
In addition, the University must also consider the commercial interests of other 
person(s)/companies. These organisations also operate in a very competitive environment 
and any release of the information requested would be likely to adversely affect the 
commercial position of the organisations, causing real and significant substantial prejudice to 
their commercial interests. The University therefore concludes that the “public interest test”, as 
required when applying section 33 of the FOISA, is met as the disclosure of the information 
requested would cause real and significant substantial prejudice to the commercial interest of 
the person/s in question. The public interest in withholding the information is greater than the 
public interest in its release. The University therefore concludes that the public interest is in 
 
 
 
 
withholding the requested information and consequently the exemption under section 33(1)(b) 
applies. 
 
We can, however, advise that the aggregate income for spin out companies formed in the past 
five years was £26.761M. This figure does not include Cara Therapeutics Inc, which is 
registered in the United States. 
 
4. The names of those companies which have made sales and which have made profits. 
 
Section 1 of the Act sets out the right of any person requesting information from a Scottish 
Public Authority, such as the University of Glasgow, but this general right is subject to a 
number of exemptions. After careful consideration and having applied both the “harm test” and 
the “public interest test” set out in the terms of the Act where appropriate, the University has 
reached the conclusion the names of those companies that have made sales and profits 
should not be disclosed. That is, we consider that it is not in the interests of the public for the 
requested information to be disclosed. 
 
Section 33 (1)(b) Commercial interests and the economy 
 
The disclosure of the information would, or would be likely to, prejudice substantially the 
commercial interests of any person (including the University). 
 
The University of Glasgow considers that the release of the names of those companies that 
have made sales and profits is likely to prejudice substantially the commercial interests of both 
the University and the spin out companies. 
 
The University has considered the public interest by applying the “public interest test”. That is, 
the University has balanced whether the release of the information is in the public interest 
against whether disclosure would substantially prejudice its own, or another person’s, 
commercial interests. The view of the Office of the Scottish Information Commissioner (OSIC), 
in its advice on the application of the “public interest test”, is that the public interest should not 
be interpreted as “of interest to the public”. That is, the potential release of the information 
must be in the interests of the public and not merely of individual interest. The public interest 
in the disclosure of the information requested is slight. The University of Glasgow operates in 
a very competitive environment and the public interest is in ensuring the continuing success of 
the University. The disclosure of the requested information would be likely to be detrimental to 
the public interest by inhibiting organisations from entering into relationships and working with 
the University.  
 
In addition, the University must also consider the commercial interests of other 
person(s)/companies. These organisations operate in a very competitive environment and any 
release of the information requested would be likely to adversely affect the commercial 
position of the organisation, causing real and significant substantial prejudice to their 
commercial interests. The University therefore concludes that the “public interest test”, as 
required when applying section 33 of the FOISA, is met as the disclosure of the information 
requested would cause real and significant substantial prejudice to the commercial interest of 
 
 
 
 
the person/s in question. The public interest in withholding the information is greater than the 
public interest in its release. The University therefore concludes that the public interest is in 
withholding the requested information and consequently the exemption under section 33(1)(b) 
applies. 
 
We can advise that the aggregate sales figures for all spin out companies formed in the past 
five years was £25,403M. This figure does not include Cara Therapeutics Inc, which is 
registered in the United States.  
 
The abbreviated accounts for the companies listed in Appendix A. with the exception of Cara 
Therapeutics Inc, are available from Companies House, details of which are located on the 
following URL: http://www.companieshouse.gov.uk/ . Please be advised Senectus 
Therapeutics Ltd and Pathfinder LLC are new companies formed in 2009 and who may not 
yet have filed accounts.  
 
The supply of documents under the terms of the Freedom of Information (Scotland) Act 2002 
does not give the applicant or whoever receives the information any right to re-use it in such a 
way that might infringe the Copyright, Designs and Patents Act 1988 (for example, by making 
multiple copies, publishing or otherwise distributing the information to other individuals and the 
public). The Freedom of Information (Scotland) Act 2002 (Consequential Modifications) Order 
2004 ensured that Section 50 of the Copyright, Designs and Patents Act 1988 (“CDPA”) 
applies to the Freedom of Information (Scotland) Act 2002 (“FOISA”).  
 
Breach of copyright law is an actionable offence and the University expressly reserves its 
rights and remedies available to it pursuant to the CDPA and common law. Further information 
on copyright is available at the following website: 
 
http://www.ipo.gov.uk/copy.htm 
 
Your right to seek a review 
 
Should you be dissatisfied with the way in which the University has dealt with your request, 
you have the right to require us to review our actions and decisions. Please refer to the 
Review Procedure 
(http://www.gla.ac.uk/services/dpfoioffice/policiesandprocedures/foisacomplaintsandreview/) 
for further information. All complaints regarding requests for information will be handled in 
accordance with this procedure. 
 
Yours sincerely, 
 
 
 
 
 
Data Protection and Freedom of Information Office