FYI: Ethical Implications of Patenting Academic Research

[Henk Elegeert]

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Ethical Implications of Patenting Academic Research


http://www.kuleuven.be/oce/page.php?LAN=N&TID=4&ID=466&FILE=agendadetail
Overlegcentrum voor Ethiek

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Op dinsdag 22 november organiseert de Universitaire Stichting, in
samenwerking met het Overlegcentrum voor Ethiek, het Fourth Ethical
Forum, met als onderwerp: 'Ethical Implications of Patenting Academic
Research'.
Brussels, 11 rue d’Egmontstraat, Universitaire Stichting / Fondation
Universitaire

22-11-2005 (14 : 00)

Ethical Implications of Patenting Academic Research

It is often said that modern economic progress depends upon the
availability of innovative technological knowledge and of qualified
personnel. Therefore, centres of education and research are held up as
the crux of the “knowledge economy”. It is therefore broadly agreed that
at the various educational levels, one must invest in the production of
knowledge.

Furthermore, it is argued, government subsidies must be supplemented by
investment from the private sector. At the same time, the onus is upon
universities to capitalise as efficiently as possible on the economic
potential opened up by research by giving their researchers adequate
incentives, and by enlarging their own research funds. One strategy to
this end is to protect academic knowledge as intellectual property by
allowing it to be patented. Researchers will then be well-advised to
investigate the patentability of their findings, and can turn to
specialist centers for help with the process of patenting their discoveries.

During the fourth ethical forum, we will discuss the ethical
implications of the patenting of academic knowledge. It will first be
carefully defined, what patents are, to what kind of knowledge they
apply, why people find it necessary to establish patents, and in what
respects these differ from other forms of protection of intellectual
privilege, such as copyright. We will then proceed to consider the key
arguments for and against patenting. One argument in favour is that
patenting stimulates research. Are there any economic facts which can
demonstrate the effectiveness of such incentives?

A second question touches on how in particular a university should
proceed with the patenting of knowledge. Modern universities were
inspired by Enlightenment ideals by which the open distribution of
knowledge, and unselfishness in its pursuit of knowledge were central
characteristics. The privatisation and commercialisation of knowledge
would seem to conflict with this traditional vision. Are there reasons
for giving up the traditional outlook?

There are few or no universities who have not chosen to patent
discoveries, but how is one to proceed within the frame of the
university, once one has obtained a patent protection? Can one pursue a
policy of using these protected intellectual rights securing the fruits
of knowledge for financially weaker groups, or do circumstances compel
the universities to be (almost) exclusively driven by market forces?

The discussion above illuminates one part of the problems which have to
do with the relation of the worlds of academia and commerce. There is a
reason for confining oneself to an aspect of this problematic
relationship. If one were to broaden the scope of inquiry further, one
would risk missing the complexity of the subject matter already covered,
and be consigned to a far too general and aimless debate.


PROGRAMME
12.15 pm : Possibility to have lunch (soup, main dish and dessert for 16
€) at the restaurant of the University Foundation (reservation strictly
required)

1.30 pm : Registration

2 – 3.30 pm : First session

Welcome and Introduction on behalf of the University Foundation by
Jacques Willems, former rector of the Ghent University, Chairman of the
University Foundation, and Eric De Keuleneer, Executive Director of the
University Foundation

     * ‘Today’s forum: The key issues’ by Bart Pattyn, Centre for
Ethics, KU Leuven, Chairman of the Fourth Ethical Forum
     * ‘Principles and rationale of patent protection’ by Alain Strowel
(FUSL and ULg)
     * ‘Can patents be morally justified?’ by Sigrid Sterkx (UGent)
     * ‘Economic evidence: The real effect of incentives’ by Paul
Belleflamme (UCL)
     * Questions and discussion

3.30 – 4 pm : Coffee break
4 – 5.30 pm : Second session

     * ‘A contribution on the economic aspects of patents’ (speaker not
yet confirmed)
     * ‘Reconciling patent policies and university mission’ by Geertrui
Van Overwalle (KULeuven)
     * ‘The Global Information Society, Patents and Universities’ by
Christopher May (Lancaster Univ.)
     * Questions and discussion

5.30 – 6.30 pm : General discussion
Point of view of the authorities (contributions by the European, Federal
and Regional authorities are being requested)
Concluding comments by Bart Pattyn
6.30 pm : Drink
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