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

Response to this request is long overdue. By law, under all circumstances, Science and Technology Facilities Council should have responded by now (details). You can complain by requesting an internal review.

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

Schafer, W (Winnie),

For the Attention of: Ann Roberts

Email: [1][email address]

Our reference: 2009/06/02/FoI/AR

Subject: Compliance of University of Glasgow's Intellectual Property
Policy: "To Give it Away" with Research Council Policy

Acknowledgement of request.

Dear Ann,

Thank-you for your enquiry (set out below) for
information about the compliance of University of Glasgow's Intellectual
Property Policy: "To Give It Away" with Research Council Policy.

I can confirm that the enquiry was received at STFC on 02 June 2009 and
is now being dealt with under the terms of the Freedom of Information Act
2000 by our Freedom of Information team (FoI team).

We aim to complete the enquiry within the 20 working days allowed by the
Act. If some information is not available within that timescale I will
inform you as soon as possible.

In some circumstances a fee may be payable and if that is the case, I will
let you know the likely charges before proceeding. If you have
any queries about this response, please contact me, quoting the reference
number above.

Regards,

Winnie Schafer
FoI/DP Enquiries Processor
Science and Technology Facilities Council
Polaris House
North Star Avenue
Swindon
SN2 1SZ

email: [2][email address]

tel: 01793 442114

From: Ann Roberts[SMTP:[email address]]

Sent: 02 June 2009 21:31:07

To: STFC FOI_DP_Enquiries

Subject: Freedom of Information request - Compliance of University of
Glasgow's Intellectual Property Policy: "To Give it Away" with Research
Council Policy Auto forwarded by a Rule

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":

[3]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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Francis, D (Denise),

For the Attention of: Ann Roberts

Email: [email address]

Our reference: 2009/06/02/FoI/AR

Subject: Intellectual Property

Response to Request

Dear Ann,

Thank-you for your enquiry (set out below) concerning Glasgow University's
policy decision to:

"grant royalty-free licences to companies where it is deemed to be a

"local socio-economic benefit."

I have consulted the head of the STFC Grants Policy Group and am able to
give you the following response.

"As indicated in our Research Grants Handbook
([1]http://www.scitech.ac.uk/rgh/), STFC, along with the other research
councils, places great importance on encouraging any potentially valuable
intellectual property obtained in the course of grant-funded research,
whether patentable or not, to be exploited for the benefit of the UK's
economic competitiveness. The Research Organisation may choose to retain
intellectual property rights or assign them to a third party under an
exploitation agreement. Where conditions permit, arrangements should be
made to secure a suitable return to the Research Organisation.

In answer to the questions raised, STFC has had no communication with
Glasgow University regarding the specific intellectual property issues
described.

Whether or not the arrangements in place at Glasgow are consistent with
the terms and conditions under which the research is funded depends, as in
any institution, on the specific details of the case. Since the issue is
not specific to STFC, we will consult the other councils to see whether
any further investigation is required."

Advice and assistance

Under the terms of the Freedom of Information Act 2000 STFC has a duty to
advise and assist and I hope the information we are providing is of help
to you. The text of Exemptions of the Freedom of Information Act, can be
accessed at [2]http://www.opsi.gov.uk/acts/acts2000/ukp...

Complaints Procedure

If you are unhappy with the way the STFC has handled your request, you may
ask for an internal review. You should contact me if you wish to complain.
If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for a
decision. The Information Commissioner can be contacted at:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

If you have any queries about this response, please contact me, quoting
the reference number above.

Yours Sincerely,

Denise

Denise Francis

Information Management Group

Science and Technology Facilities Council

Polaris House

North Star Avenue

Swindon

SN2 1SZ

tel: +44 (0) 1793 442184

email: [email address]

-------------------------------------------

From: Ann Roberts[SMTP:[email address]]

Sent: 02 June 2009 21:31:07

To: STFC FOI_DP_Enquiries

Subject: Freedom of Information request - Compliance of University of
Glasgow's Intellectual Property Policy: "To Give it Away" with Research
Council Policy Auto forwarded by a Rule

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":

[3]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

-------------------------------------------------------------------

Disclaimer: This message and any reply that you make will be

published on the internet. Our privacy and copyright policies:

[4]http://www.whatdotheyknow.com/help/about...

Is [STFC request email] the wrong address for Freedom of

Information requests to Science and Technologies Facilities

Council? If so please contact us using this form:

[5]http://www.whatdotheyknow.com/help/contact

-------------------------------------------------------------------

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Scanned by iCritical.

References

Visible links
1. http://www.scitech.ac.uk/rgh/
2. http://www.opsi.gov.uk/acts/acts2000/ukp...
3. http://www.whatdotheyknow.com/request/10...
4. http://www.whatdotheyknow.com/help/about...
5. http://www.whatdotheyknow.com/help/contact