UAEM - Licensing and patenting practices of UK research institutions 2019-2020

Sarai Keestra made this Freedom of Information request to Newcastle University

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Newcastle University did not have the information requested.

Dear Newcastle University,

We have previously sent FOI requests asking for information about the licensing practices of UK universities. This was concerning the time period 18th October 2018 to 18th October 2019. We are now looking to update the information for the following year, 19th October 2019 to 19th October 2020.

The updated request is listed below:

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/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. 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 period 19th October 2019 to 19th October 2020 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 a list of patents granted to your organization in the period 19th October 2019 to 19th October 2020, listed by patent family, indicating countries/regions in which the patent has been granted.

Q4. In the period 19th October 2019 to 19th October 2020, 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 period 19th October 2019 to 19th October 2020 to improve access to the technologies they license in low-and middle-income settings?

END FOI request.

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

Yours faithfully,

Sarai Keestra

To assist with records management, please do not alter the subject line of
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We will forward your FOI request to the relevant Newcastle University
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Yours sincerely,

Information Governance Team
Executive Office
Newcastle University
Newcastle upon Tyne
NE1 7RU

Good afternoon Sarai,

Thank you for your request for information dated 10/11/2020, please see below for our response to your request.

Unfortunately we are unable to fulfil this request as it stands. Firstly we do not store country classifications of any type. Secondly we do not store any categorisations such as "Health Technologies" against our IP. Thirdly we are currently validating our IP data for 2019/2020 (1st August 2019 to 31st July 2020) for submission to a statutory return. These data will be published in 2021 by the Higher Education Statistics Agency (HESA) as part of the Higher Education Business and Community Interaction Survey.

I hope that this is of use. If you are unhappy with the way we have handled your request you can ask for an internal review. Details of how to do this can be found at: http://www.ncl.ac.uk/foi/access/complain...

If you are not happy with the outcome of the internal review, you then have the right to apply directly to the Information Commissioner's Office for a decision. Details of how to do this can be found at: http://ico.org.uk/concerns

Kind regards,

Information Governance Team
Newcastle University
NE1 8HQ

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Dear nrecman,

If you cannot reply to question 2 and 3 of the request, would you still be able to respond to questions 1,4,5 please? I would be very grateful.

Yours sincerely,

Sarai Keestra

Dear Sarai,

Thank you for your request for information dated 10/11/2020, please accept our apologies at the late response to your request. See below for our response to your request.

Unfortunately we are unable to fulfil this request as it stands. Firstly we do not store country classifications of any type. Secondly we do not store any categorisations such as "Health Technologies" against our IP. Thirdly we are currently validating our IP data for 2019/2020 (1st August 2019 to 31st July 2020) for submission to a statutory return. These data will be published in 2021 by the Higher Education Statistics Agency (HESA) as part of the Higher Education Business and Community Interaction Survey.

I hope that this is of use. If you are unhappy with the way we have handled your request you can ask for an internal review. Details of how to do this can be found at: http://www.ncl.ac.uk/foi/access/complain...

If you are not happy with the outcome of the internal review, you then have the right to apply directly to the Information Commissioner's Office for a decision. Details of how to do this can be found at: http://ico.org.uk/concerns

Kind regards,

Information Governance Team
Newcastle University
NE1 8HQ

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Dear Sarai

Thank you for your request for information dated 10/11/2020, please see below for our response to your request.

Information is not held to fulfil this request, as stated in your previous FOI the University we do not store Country classifications (Q1, Q2, Q3 and Q5) and do not record information which would allow us to answer Q4.

The information you requested is available to you through the Higher Education Statistics Agency (HESA). HESA publish a range of statistics each year and can also be approached to provide bespoke analyses. As this information is already accessible to you elsewhere, it is exempt from disclosure under Section 21 of the Act.

I hope that this is of use. If you are unhappy with the way we have handled your request you can ask for an internal review. Details of how to do this can be found at: http://www.ncl.ac.uk/foi/access/complain...

If you are not happy with the outcome of the internal review, you then have the right to apply directly to the Information Commissioner's Office for a decision. Details of how to do this can be found at: http://ico.org.uk/concerns

Kind regards,

Information Governance Team
Newcastle University
NE1 8HQ

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