6/23/08 Richmond Times-Dispatch A16

Philip Morris-VCU Deal Is Not Unusual

HENRY A. McGEE JR.

Editor, Times-Dispatch:

Criticism of VCU has appeared in the press recently concerning arrangements for publication of results from university research that has been supported by Philip Morris. Recognizing that it is popular in some quarters to blast big tobacco or big oil or big pharma, arrangements for delayed publication of research that may have commercial value is commonplace at all universities, for it is an essential step to protect patent rights.

Rather than patent intellectual property, the sponsor may wish to keep valuable results as a trade secret such as, for example, the formula for Coca-Cola. There was a time, but it was long ago, when university-based research was completely open to everyone. But today most research is very expensive and is sponsored by companies or by government agencies, and sometimes results have commercial implications that the sponsor must protect.

All universities have offices of technology transfer that manage the intellectual property created at that university, including the licensing of that property from which the university collects royalties. One might imagine that research projects supported by a federal agency would be open to all since, after all, the research was paid for with taxpayer dollars. But even that is not so.

Congress realized that intellectual property owned by everyone was in fact owned by no one, and the subsequent development of that property for the benefit of us all would never occur. The Bayh-Dole Act ensured that intellectual property created with taxpayer dollars would be owned by the university, not by the government, and all issues of patenting and development and licensing are the responsibility of the university.

As incentive to the professor leading the research, the university pays a generous fraction of the income from licensing directly to the professor as additional personal income. The relationship between VCU and Philip Morris and other companies is to be applauded, for it contributes real value to our society and it inspires students.

-- Henry A. McGee Jr., Founding Dean Emeritus and Professor of Chemical Engineering, School of Engineering, VCU.