Assessment of the licensing and patenting practices of UK's leading medical research institutions

Sarai Keestra made this Freedom of Information request to University of Aberdeen

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was successful.

Dear University of Aberdeen,

The FOI request below is being filed on behalf of UAEM-UK. Please note that the answers to these questions will be used to determine the university’s score in the forthcoming Global Health Ranking of leading UK universities by Universities Allied for Essential Medicines (UAEM) UK.

We encourage you to read this background briefing before compiling your response:
https://docs.google.com/document/d/1GMzH...

Thank you very much for your time & best wishes,
Sarai Keestra - Universities Allied for Essential Medicines UK

START FOI

For the purpose of clarity, please adhere to the following definitions when answering these questions:

Definitions

Low and middle income country: A country that is defined as ‘low’, ‘lower-middle’ and ‘upper-middle’ income by the World Bank for the year 2018. Income status defined by GNI per capita.
Source: World bank, available online [https://tinyurl.com/jr6s6fm]

Patent: A form of intellectual property (IP) rights protection, whereby a government grants to the inventor, the right to stop others from making, using or selling the product without their permission for a limited period.
Source: Upcouncil, available online [https://www.upcounsel.com/copyright-trad...

Licence: Contracts that transfer IP rights from the owner of the rights to a third party for use.
Source: Upcouncil, available online [https://www.upcounsel.com/copyright-trad...

Exclusive Licence: A licence that allows only the named licensee to exploit the relevant IP rights, the licensor is also excluded from exploiting these IP rights.
Source: TaylorWessing, available online [https://united-kingdom.taylorwessing.com...

Non-Exclusive Licence: A licence that grants any number of licensees to exploit the IP.
Source: TaylorWessing, available online [https://united-kingdom.taylorwessing.com...

Health Technology: ‘Health technology as defined by the WHO: “A health technology is the application of organized knowledge and skills in the form of devices, medicines, vaccines, procedures and systems developed to solve a health problem and improve quality of lives.’ Source: WHO, available online [http://www.who.int/health-technology-ass...

Q1. Has the university committed to licensing its medical discoveries in ways that promote access and affordability in Low- and Middle- Income Countries? If yes, please provide a link or PDF to the relevant policy document.

Q2. Please provide an Excel spreadsheet with headings as displayed below with all the health technologies LICENSED by the university in the past year AND specify which countries they were licensed in AND specify whether they are exclusive or non-exclusive licenses.

Health Technology Licensed | Country of Licensing | Type of License (Exclusive or Non-Exclusive)

Q3. Please provide an Excel spreadsheet with all the health technologies PATENTED by the university in the past year AND specify which countries they were patented in.

Q4.Has the university shared its best practices for promoting access to medicines through non-exclusive licensing by carrying out any of the following activities?
- Contributed sample clauses to the AUTM Global Health Toolkit
- Published an article, guidance, or other literature on access licensing practices
- Formally presented on access licensing practices at an academic or professional event, or at another university
- Informally shared or discussed access licensing practices with administrators at other universities
- Other
- None
(Tick as appropriate)

Q5. What actions has the technology transfer office (TTO) undertaken in the past year to improve access to the technologies they license in low- and middle-income settings?

END FOI

Yours faithfully,

Sarai Keestra

Foi, University of Aberdeen

Dear Ms. Keestra,

I refer to your email of 9 October and, on behalf of the University, I acknowledge receipt and confirm that your request is being dealt with in terms of the Freedom of Information (Scotland) Act 2002. In terms of the Act, a reply will be sent to you within 20 working days.

Yours sincerely,
Mary Sabiston
Information Compliance Officer

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Dear University of Aberdeen,

It has been pointed out to me that the link to the background briefing in our FOI request was broken. Please accept my sincerest apologies for this inconvenience. This link should now be working: https://docs.google.com/document/d/1GMzH...

Yours sincerely,

Sarai Keestra

Foi, University of Aberdeen

2 Attachments

Dear Ms. Keestra,

FREEDOM OF INFORMATION REQUEST FOI 2018- 353

I refer to your email of 9 October 2018 requesting information relating to licensing and patenting practices.

Your request has now been considered under the Freedom of Information (Scotland) Act 2002, ‘the Act’.

Q1. Has the university committed to licensing its medical discoveries in ways that promote access and affordability in Low- and Middle- Income Countries? If yes, please provide a link or PDF to the relevant policy document.

In 2012, the University committed to the attached position statement with regard to Essential Medicines. [Essential Medicines Position Statement.pdf]

Q2. Please provide an Excel spreadsheet with headings as displayed below with all the health technologies LICENSED by the university in the past year AND specify which countries they were licensed in AND specify whether they are exclusive or non-exclusive licenses.

Please see attached spreadsheet for data for the financial year 2017/18 [FOI 2018-253 information.xlsx]

Q3. Please provide an Excel spreadsheet with all the health technologies PATENTED by the university in the past year AND specify which countries they were patented in.

Please see attached spreadsheet for data for the financial year 2017/18 [FOI 2018-253 information.xlsx]

Q4.Has the university shared its best practices for promoting access to medicines through non-exclusive licensing by carrying out any of the following activities?

- Informally shared or discussed access licensing practices with administrators at other universities

Q5. What actions has the technology transfer office (TTO) undertaken in the past year to improve access to the technologies they license in low- and middle-income settings?

The technology transfer office has continued to include terms in licensing practices with administrators at other universities.

Should you be dissatisfied with this response, you have the right under the Act to request a review. A request for review must be made within 40 working days of the date of this reply. It must include your name and address for correspondence and specify the request for information and the grounds for dissatisfaction with the decision. Please send your request for review to our mailbox, [University of Aberdeen request email]. The University will respond to your request for a review within 20 working days of receipt of your request.

If you are unhappy with the outcome of the University’s internal review, you have the right to appeal to the Scottish Information Commissioner within six months of the date of receipt of the University’s review notice. Details on how to make an appeal to the Commissioner are available at www.itspublicknowledge.info/Appeal. Should you remain dissatisfied with the Commissioner’s decision, you have a right of appeal to the Court of Session on a point of law.

Yours sincerely,
Mary Sabiston
Information Compliance Officer

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