UAEM - Licensing and patenting practices of COVID-19 technologies

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

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Dear University of Liverpool,

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

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/y5dwc2qv]

A patent grants an inventor the exclusive rights to his or her invention. A patent holder can stop other people from selling, manufacturing, producing, or using the invention for a certain period of time.
Source: Upcouncil, available online [https://www.upcounsel.com/what-is-a-pate...

Licence: Permission for the licensee to use the intellectual property rights
Source: TaylorWessing, available online [https://www.taylorwessing.com/download/a...

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

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 [https://www.who.int/health-technology-as...

START FOI request:
Q1. Can you release your internal strategy regarding licensing and patenting of COVID-19 related health technologies?

Q2. Does the institution have a formal policy on licensing and patenting of COVID-19 related technologies? If yes, please provide a link or PDF to the relevant policy document.

Q3. Has the university considered updating their strategy regarding the licensing and patenting of health technologies since the start of the pandemic?

Q4. Please provide an Excel spreadsheet with headings as displayed below with all the COVID-19 related health technologies LICENSED by the university 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)

Q5. Please provide a list of patents granted to your organization for any COVID-19 related health technologies listed by patent family, indicating countries/regions in which the patent has been granted.

Q6. Does the institution have any plans on signing up to the Open-COVID pledge (https://opencovidpledge.org/) or any similar initiative that seeks to minimise intellectual property rights barriers during the COVID-19 pandemic? If yes, please specify.

Q7. Is the institution considering the licensing of COVID-19 related health technologies to the Covid Technology Access Pool (C-TAP) or the Medicines Patent Pool (MPP) during the pandemic? If yes, please specify.

END FOI request.
If you have any questions please do not hesitate to contact me by email.

Yours faithfully,

Sarai Keestra

foi Uof Liverpool, University of Liverpool

1 Attachment

Dear Sarai

This is to acknowledge receipt of your request for information from
the University of Liverpool.   Your reference number is FOI/2020/462. We
will review and process your request as soon as possible.

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Kirsty Rothwell
Freedom of Information Officer / Data Protection Co-ordinator
Legal & Governance

University of Liverpool, Foundation Building, Brownlow Hill, Liverpool L69
7ZX

 

The information in this email and any attachments is confidential. Unless
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foi Uof Liverpool, University of Liverpool

1 Attachment

FOI/2020/462

20 November 2020

 

Name:  Sarai Keestra

By email to: [1][FOI #701609 email]

 

Dear Sarai,

 

Thank you for your email of 23 October requesting information from the
University of Liverpool.  Colleagues have provided the information
requested below.

 

Can you release your internal strategy regarding licensing and patenting
of COVID-19 related health technologies?

The University follows a standard internal evaluation and approval
procedure when considering new technologies. This includes any technology
relating to COVID-19. We consider the market application for a technology,
stage of development and supporting data available, and the potential
impact it can have on society.

 

Does the institution have a formal policy on licensing and patenting of
COVID-19 related technologies?

No

 

Has the university considered updating their strategy regarding the
licensing and patenting of health technologies since the start of the
pandemic?

Decisions are made on a case by case basis and new technologies are
evaluated on their own merits. We recognise that any technology for COVID
19 could potentially have a huge societal benefit and this would be
considered when considering the route and speed to get to market for a new
technology.

 

Please provide an Excel spreadsheet with headings as displayed below with
all the COVID-19 related health technologies LICENSED by the university
AND specify which countries they were licensed in AND specify whether they
are exclusive or non-exclusive licenses.

The University of Liverpool has not licensed any technologies relating to
COVID-19.

 

Q5. Please provide a list of patents granted to your organization for any
COVID-19 related health technologies listed by patent family, indicating
countries/regions in which the patent has been granted.

No patents have been published.

 

Does the institution have any plans on signing up to the Open-COVID pledge
([2]https://opencovidpledge.org/) or any similar initiative that seeks to
minimise intellectual property rights barriers during the COVID-19
pandemic? If yes, please specify.

The University will review this on a case by case basis as we often have
to consider the IP rights of multiple parties (funders, third parties) in
each individual project but to date we have not yet signed up to the
pledge.

 

Is the institution considering the licensing of COVID-19 related health
technologies to the Covid Technology Access Pool (C-TAP) or the Medicines
Patent Pool (MPP) during the pandemic? If yes, please specify.

The University will review this on a case by case basis.

 

If you are unhappy with the way we have handled your request for
information, you have a right under Section 50 of the Freedom of
Information Act to ask the University to review it; however, you must do
so within 40 working days of the date of this response. Your request
should include our reference number and explain the reason for requesting
a review. Email [3][University of Liverpool request email] or write to the Freedom of
Information Reviewer, Legal & Compliance, University of Liverpool,
Foundation Building, 765 Brownlow Hill, Liverpool L69 7ZX.  We will
respond to your request for an internal review within 20 working days of
receipt.

 

Following an internal review, if you remain dissatisfied with the handling
of your request, you have a right to appeal to the Information
Commissioner at The Information Commissioner’s Office, Wycliffe House,
Water Lane, Wilmslow, Cheshire SK9 5AF. Telephone:  0303 123 1113
[4]www.ico.org.uk.

 

There is no charge for making an appeal.

 

Yours sincerely,

 

Kirsty Rothwell
Freedom of Information Officer  / Data Protection Co-ordinator
Legal & Governance

University of Liverpool, Foundation Building, Brownlow Hill, Liverpool L69
7ZX

 

The information in this email and any attachments is confidential. Unless
you are the intended recipient, you must not read, copy, distribute, use
or retain this message or any part of it. If you are not the intended
recipient, please notify the sender immediately.

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