Public-Private Partnerships:UM in Ethical Standards
Since March 9,UM one of the first French universities to establish an advisory ethics committee. This internal body is responsible for formulating preliminary recommendations regarding the authorization of researcher mobility between public research laboratories and the private sector.
This is a result of the 2019 PACTE Act for Business Growth and Transformation. One of its objectives is to streamline the process for researchers who wish to start or participate in a business in order to commercialize their research. It all stems from an observation: since 2000, only 231 civil servant researchers have applied for authorization to start their own business—less than 0.01% of those working in public research each year. At the same time, 0.8% of researchers hired by companies are public research employees.
“This observation stems from the well-established rigidity of French legal rules, predating the PACTE law, governing public-private partnerships,” emphasizes Marie-Christine Sordino, Vice President and Ethics Officer atUM. According to the authorities, this acts as a brake on French innovation and the competitiveness of businesses.
Strict guarantees
However, such transfers cannot take place without strict safeguards to rule out any suspicion of conflicts of interest between private companies and public research institutions. At the national level, while the Civil Service Ethics Commission had previously been responsible for this oversight, this role was transferred on February 1 to the High Authority for Transparency in Public Life.
With regard to university-affiliated research laboratories, it is up to university presidents to decide whether or not to authorize such transfers. Philippe Augé is thus one of the first presidents to have established an advisory ethics committee at his university, tasked with reviewing authorization requests submitted by researchers and providing a preliminary opinion to inform his final decision.
This committee, approved by the Board of Directors on March 9, is chaired by François Pierrot, Executive Vice President for Commercialization and Industrial Partnerships. Also serving on the committee are: Jacques Mercier, Vice President for Research; Marie-Christine Sordino, Vice President andUM Ethics Officer; Bénédicte Luporsi, Director of Human Resources; and Gaëtan Lan Sun Luk, Director of Innovation and Partnerships.
From the public sector to the private sector?
For a researcher working in the public sector, there are three scenarios in which they may need to request authorization from their employer to contribute their expertise, receive additional compensation, or even acquire an equity stake in the private sector.
First scenario: the researcher wishes to start their own company based on an innovation (patent, software, know-how, etc.) they developed within the laboratory to which they are affiliated and become its president or one of the managing partners. “The patent belongs to the university,” explains Bénédicte Labat, commercialization officer at the Office of Innovation and Partnerships. “If the technology transfer is authorized by the president, the university draws up a licensing agreement that allows the company to exploit the patent in exchange for the payment of a royalty.”
Second scenario: a request for scientific assistance. The researcher does not wish to start a business themselves, but a company is interested in developing their innovation and wishes to benefit from their expertise. Here again, the Advisory Committee on Research Ethics is consulted to ensure that the conditions are met, particularly the absence of a conflict of interest. “Several articles of the Research Code set out specific requirements for this type of case. For example, the researcher must not have acquired a stake in the company’s capital within the three years preceding their request,” explains Bénédicte Labat. The researcher may then devote up to 50% of their working time to the company, in addition to their laboratory research.
The third and final possibility, which Bénédicte Labat describes as “less common,” is when a researcher wishes to serve on the board of a commercial company. In this case as well, the advisory committee is asked to provide an opinion to the president, given that the researcher may receive compensation from the company.
Nine opinions issued
Since its creation last March, the Advisory Committee on Ethics has already met twice and issued nine opinions. Among the companies involved are Diag2Tec, an expert in hematological cancers and the early validation of new therapeutic molecules; Néocean, a specialist in marine engineering and innovation; Sterlab, a specialist in biomedical research and services in the microbiology sector; and Acusurgical, which works on precision surgical robotics.
The committee will hold another meeting next July. “We have received many requests from researchers regarding scientific grants, and it is essential that the President’s authorization be granted before the researcher acquires a stake in the company’s equity.”
UM the C.U.R.I.E. Network Day
On July 1,UM Directorate of Innovation and Partnerships) will co-host, as part of the national C.U.R.I.E network, a morning session to discuss the PACTE Act, researcher mobility, and the establishment of ethics advisory committees. Founded 29 years ago, the C.U.R.I.E network is at the heart of the public-private ecosystem. It aims to promote and support the commercialization of research through the transfer of technologies from public research to the socio-economic sector. Its 190 members are mostly public research institutions such as universities, university hospitals, national research organizations, schools, and entities established under the Investment for the Future Plan, including Technology Transfer Acceleration Companies (SATTs), Technological Research Institutes (IRTs), and University Hospital Institutes (IHUs).