Men and Women for Others: The Case for University Adoption of Socially Responsible Licensing Practices

by Teddy Svoronos

We've all heard the statistics: 6,000 people in Africa die of AIDS every day, while 49 die in North America. According to the World Health Organisation, one-third of the world's population lack access to medicines essential for life. Despite international efforts, treatable and preventable diseases remain the leading causes of death in poor countries.

The massive inequities in access to essential medicines are painfully clear. Less apparent, however, is the role that research-based universities can and should play in bridging this gap. As key stakeholders in the development of the world's most important medicines and vaccines, these institutions have the leverage and motivation to ensure that their discoveries benefit the world's poor. Universities can best achieve this end through socially responsible licensing policies.

Breakthroughs in university research often open new doors to the development of life-saving drugs. The rights to these discoveries are then licensed to pharmaceutical and biotech companies for drug development, clinical testing, and submission for FDA approval. As universities continue procuring intellectual property rights, they are becoming increasingly important actors in the creation of life-saving medicines. Between 1993 and 2003, for example, the number of patents and license agreements executed by universities have almost doubled. 

The unique character of universities, however, attaches an obligation to their increasing leverage in patent negotiations. Though they often work together, the goals of university research are very different from those of pharmaceutical companies. Instead of looking for blockbuster drugs to maximize revenues, university research is aimed at promoting public goods.

This is particularly true at Georgetown University. As a Jesuit institution committed to social justice, Georgetown has developed a culture of orienting its ideals toward practical but socially beneficial outcomes. In the words of its Office of Technology Licensing, "Georgetown is committed to the policy that ideas or creative works produced at Georgetown should be used for the greatest possible public benefit, and believes that every reasonable incentive should be provided for the prompt introduction of such ideas into public use, all in a manner consistent with the public interest."

Additionally, President John J. DeGioia has expressed his desire for Georgetown to become an institution deeply involved in global affairs. In a Faculty Town Hall meeting on January 19, 2007, President DeGioia referred to the present as a "defining moment for Georgetown; a moment that demands that we respond to issues and opportunities that are truly global in nature". President DeGioia's vision is particularly pertinent to global health issues, as evidenced by his stated commitment to the fight against HIV/AIDS.

As a major contributor to the development of the breakthrough HPV vaccine, Georgetown is in a position to lead the fight against global health inequities by putting these stated commitments into practice. Dr. Richard Schlegel, chair of the Department of Pathology at the Lombardi Cancer Center, played an integral part in the research leading up to the current vaccine's creation. Though rights to the first generation vaccine have already been licensed, a second generation vaccine is already being developed. Many in the Georgetown community believe Georgetown has an opportunity, and a responsibility, to act now.

There is a serious demand for the HPV vaccine in the developing world, where 85% of new cervical cancer cases and deaths occur each year. The 200,000 women who die of the disease in poor countries often lack access to pap smears and preventative screenings, making the need for this vaccine even greater. The cost of the current HPV vaccine, however, is prohibitively expensive. Currently priced at $360 for a course of three shots in the United States, widespread HPV vaccination at any similar price point is out of the question for low-income countries that spend roughly $8 per person on all health service provision annually.

Specifically, what can Georgetown do to ensure that the next generation HPV vaccine, and subsequent drugs developed from the University's research, are made available to the world's poor? By instituting a socially responsible licensing policy, Georgetown can ensure that the poor have access to the fruits of its discoveries. One such policy proposed by Universities Allied for Essential Medicines utilizes an Equal Access License, which allows life-saving technologies developed with university research to be produced by generic manufacturers for distribution at affordable prices in poor countries only. Under an EAL-based policy, these generic manufacturers would be required to pay royalties to the pharmaceutical company and the university that developed the technology, guaranteeing revenue for all parties involved.

A University commitment to serving marginalized populations through research is not without precedent. Schools including Yale University, the University of Washington, the University of California-Berkeley, and the University of Nebraska have all taken concrete steps to use socially responsible licensing for technologies produced by university research. None of these universities, however, has incorporated broad-based poverty-oriented provisions directly into its licensing policies. This has the unfortunate consequence of medicines being made available on a case-by-case basis. As such, Georgetown has the unique opportunity to play a leading role in addressing gaps in access to medicines by instituting a general socially responsible licensing policy that will solidify its status as a truly global university.

The Georgetown movement for socially responsible licensing has already received widespread support from the Georgetown community. In a world where market inadequacies continue to marginalize impoverished and sick populations around the world, socially responsible licensing programs present an opportunity that is both ethical and economically feasible. Georgetown University, a school committed to "women and men for others," is in a unique position to lead in this area by making socially responsible licensing an integral part of its practice. We sincerely hope that other universities will do the same.

For more information about the Socially Responsible Licensing Movement at Georgetown or elsewhere, please contact Teddy Svoronos at ts263@georgetown.edu.