Title: Failed Patenting Negotiations in Collaborative Research
Author: Anji Wall
Description: People withing a multi-institutional project did not devise a contract regarding intellectual property until it was too late.
Keyword(s): collaborative research, intellectual property, conflict of interest
Based On: (Shamoo & Resnik, 2003, pp. 136-137)
Case: A university faculty member began collaborating with a Spanish company studying a compound that would soon be in clinical trials. A patent dealing with some of the work had already been applied for by the company. Representatives from both organizations have been pledging full cooperation, but without any mention of intellectual property rights. A U.S. company’s expertise is sought a year later to conduct certain key experiments. All three organizations then start discussions about intellectual property, but with the university ultimately unhappy with the results. The university then instructs its faculty member to withdraw from further collaborative work on this project.
- What should the individual research do?
- How should the university handle the situation?
- Could anything have been done to avoid the breakdown in negotiations?
- What lessons could be learned from this scenario?
Source: Shamoo, A., & Resnik, D. (2003). Responsible Conduct of Research. New York: Oxford University Press.