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

Dear Ms Roberts

On behalf of NERC I am acknowledging receipt of your request for information under the Freedom of Information Act 2000 received on June 2nd 2009..

Yours sincerely

Colin Pelton
FOI Office
NERC
02380 596288
01793 411730
________________________________________
From: Ann Roberts [[FOI #12764 email]]
Sent: Tuesday, June 02, 2009 9:30 PM
To: foi-office, foi-office; foi-office, foi-office
Subject: Freedom of Information request - Compliance of University of Glasgow’s Intellectual Property Policy: “To Give it Away” with Research Council Policy

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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Dear Ms Roberts

On behalf of the Natural Environment Research Council (NERC) I am responding to your request dated 2 June 2009 concerning information relating to our policy on Intellectual Property.

Information on NERC’s research grant funding is available within its research grants handbook and is published on our website which can be found at: http://www.nerc.ac.uk/funding/applicatio.... This includes the standard terms and conditions for research grants and the shared terms and conditions agreed across the Research Councils.

Information on Intellectual Property is also published on NERC’s website and can be found at http://www.nerc.ac.uk/using/business/com.... This link also contains an embedded link to “Help for NERC grant holders and others” http://www.nerc.ac.uk/using/business/com....

I hope this response will be of help to you.

If you are unhappy with the way that NERC has handled your request you may ask for an internal review in the first instance. You should contact the NERC Complaints Officer at our Swindon Office to request such a review:

Natural Environment Research Council
Polaris House,
North Star Avenue
Swindon
Wiltshire SN2 1EU

If you are not content with the outcome of the internal review, you then have the right to apply directly to the Information Commissioner for a decision.

Yours sincerely

Elaine Bates
FOI Office
NERC

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