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Compliance of University of Glasgow’s Intellectual Property Policy: “To Give it Away” with Research Council Policy

Ann Roberts made this Freedom of Information request to Engineering and Physical Sciences Research Council

The request was successful.

From: Ann Roberts

2 June 2009

Dear Sir or Madam,

The Director of Glasgow University’s Research and Enterprise, Dr
Kevin Cullen has stated on numerous public platforms, domestic and
foreign, that it is the University’s Policy to “Give away
Intellectual Property”. For example at a meeting of the Association
of University Technology Managers (AUTM) in Orland, Florida, Feb
2009 on “Socially Responsible Licensing”:

http://www.whatdotheyknow.com/request/10...

Dr Cullen states as University Policy the following:

“ Question: Small local company says: we want to develop a new
product line – highly risky and experimental for us. We will employ
50 new staff to work on project right here in town, but we simply
can’t afford to pay for the IP you own and investors are saying no
to royalties. We need a royalty-free licence. You have no other
interested parties – should you do the deal?

Answer: You should do the deal even though it will make you no
money. We can argue that our contribution will be a local
socio-economic benefit.”

It is understood that Glasgow is now putting this policy into
effect; that is, implementing Dr Cullen’s policy to grant
royalty-free licences to companies where it is deemed to be a
“local socio-economic benefit.”

Presumably most of ‘Glasgow’s’ IP comes from projects funded by
Research Councils, including this one. I understand RC policy is:

“Where the exploitation of research generates revenue, there should
be suitable recognition and return to the Research Organisation and
individuals. The Research Organisation must ensure that all those
associated with the research are aware of, and accept, these
arrangements”.

Could you please provide this tax-payer with the answer to the
following:

1. Has Glasgow University (GU) informed the Council or sought your
approval for this policy?

2. Does this GU policy as stated by Dr Cullen comply with your
terms of grant as stated above?

3. Has this Research Council given Glasgow approval to apply this
policy to IP generated using your RC funding?

4. Is this Council content that tax-payer interests are served by
GU’s policy as stated by Dr Cullen?

5. Has this Council checked with Glasgow’s Director of Finance that
the University is content to lose revenue in the way stated by Dr
Cullen and that he speaks for Glasgow University on this?

6. Is your Council aware of GU informing its academics receiving
your grants that it will forgo revenue that according to your terms
of grant should be shared with them?

7. Is the Council content that Dr Cullen’s policy is in line with
stated requirement that all those associated with the research “are
aware of, and accept, these arrangements” – i.e. Council
arrangements?

8. Is Glasgow University complying with Council regulations
concerning the exploitation of IP created by taxpayers funds?

Yours faithfully,

Ann Roberts

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From: Russell Cox (EPSRC,C&I)
Engineering and Physical Sciences Research Council

3 June 2009

Dear Ann,

Thank you for you request for information. This email is to acknowledge my
receipt of it. Once I have collated the information you require I will
write to you again on or before 30 June 2009.

Regards

Russell Cox

Records & Information Compliance Manager
EPSRC
Polaris House
North Star Avenue
Swindon
SN2 1ET

Tel: 01793 413328
E-Mail [email address]

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From: Russell Cox (EPSRC,C&I)
Engineering and Physical Sciences Research Council

17 June 2009

Dear Ms Roberts,
In response to your request regarding Intellectual Property Rights (IPR) I
refer you to our terms and conditions relating to IPR. This link
[1]http://www.epsrc.ac.uk/Business/Guidance... is to EPSRC's website
and its statement on IPR. The text below relates to an extract from the
Research Councils UK (RCUK) Terms and Conditions of Research Council Full
Economic Cost. RCUK is a strategic partnership between the seven UK
Research Councils. RCUK was established in 2002 to enable the Councils to
work together more effectively to enhance the overall impact and
effectiveness of their research, training and innovation activities,
contributing to the delivery of the Government's objectives for science
and innovation. To see the full text of this document please go to
[2]http://www.rcuk.ac.uk/cmsweb/downloads/r...

GC 21 Exploitation and Impact

It is the responsibility of the Research Organisation, and all engaged in
the research, to make every effort to ensure that the outcomes obtained in
the course of the research, whether patentable or not, are used to the
advantage of the UK. Research outcomes should be disseminated to both
research and wider audiences - for example potential beneficiaries in
wider society and economy.

Unless stated otherwise, the ownership of intellectual property, and
responsibility for its exploitation, rests with the Research
Organisation.

Where the grant is associated with more than one research organisation
and/or other project partners, the basis of collaboration between the
organisations, including ownership of intellectual property and rights to
exploitation, is expected to be set out in a formal collaboration
agreement. Such agreements must be in place before the research begins.
The terms of collaboration agreements must not conflict with the Research
Councils' terms and conditions.

Arrangements for collaboration and/or exploitation must not prevent the
future progression of research and the dissemination of research results
in accordance with academic custom and practice. A temporary delay in
publication is acceptable in order to allow commercial and collaborative
arrangements to be established.

The intellectual property will usually belong to the organisation that
generates it. The Research Council may, in individual cases, reserve the
right to retain ownership of intellectual property (or assign it to a
third party under an exploitation agreement) and to arrange for it to be
exploited for the national benefit and that of the Research Organisation
involved. This right, if exercised, will be set out in an additional grant
condition.

Where the exploitation of research generates revenue, there should
suitable recognition and return to the Research Organisation and
individuals. The Research Organisation must ensure that all those
associated with the research are aware of, and accept, these arrangements.

In answering this FOI query I believe I have provided you with all of the
information that you have requested which we hold. If you are unhappy with
any aspect of the way your FOI request has been handled you have the right
to raise any issues in the first instance via our appeals process. If you
wish to make an appeal you may do so in writing, by addressing your appeal
to:

Atti Emecz

Director Communications & Information

EPSRC

Polaris House

North Star Avenue

Swindon Wiltshire SN2 1ET

Tel 01793 44 4067

E Mail: [email address]

If you are still unhappy following your appeal to the EPSRC you can refer
the matter to the Office of the Information Commissioner. This is the
organisation that ensures compliance with the Freedom of Information Act
2000 and that deals with formal complaints. They can be contacted at:

Information Commissioner

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Enquiry/Information Line: 01625 545745

Further information about the Office of the Information Commissioner can
be found at [3]www.ico.gov.uk

Regards

Russell Cox
Records & Information Compliance Manager
EPSRC
Polaris House
North Star Avenue
Swindon
SN2 1ET

Tel: 01793 413328
E-Mail [email address]

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