Title: Failed Patenting Negotiations in Collaborative Research
Author: Adapted from a case written by Anji Wall
Description: Researchers within a multi-institutional project did not devise a contract regarding intellectual property until it was too late.
Keyword(s): Collaborative Research, Conflict of Interest, Intellectual Property
Based On: (Shamoo & Resnik, 2003, pp. 136-137)
Case: A university faculty member began collaborating with a Brazilian company studying a compound that would soon be used in clinical trials. A patent for this compound had already been applied for by the company based on prior work related to developing the compound. Representatives from both institutions pledged full cooperation, but without any explicit discussion of intellectual property rights. An American company’s expertise is sought a year later to conduct experiments relevant to the development of the compound. All three institutions then begin discussions about intellectual property. Institutional officials at the university are unhappy with the discussions about intellectual property and instruct the faculty member to withdraw from further collaborative work on this project.
- What are the key ethical issues in this case?
- How should the researcher proceed?
- How should the university handle the situation?
- What could have been done to avoid the breakdown in negotiations about intellectual property?
- What lessons could be learned from this scenario?
Source: Shamoo, A., & Resnik, D. (2003). Responsible Conduct of Research. New York: Oxford University Press.