Abstract
Jim and Peggy, collaborators on a large, multi-site research project,
meet face-to-face for the first time to review their progress and discuss
future collaboration on the project, which is partially funded by a
pharmaceutical company. Peggy mentions that she has not received a response
to her request for several of Jim's knock-out mice. She acknowledges
having received a transfer agreement from the company that would have
permitted her to obtain the mice, but claims not to have signed it because
of "all sorts of restrictions." Jim shares her frustration
and promises to follow up with the company. A company executive, Harry
Carter, reminds Jim of the firm's long-term support of his work and
stresses how important it is for the company to retain control over
its research investment in the highly competitive pharmaceutical industry.
Peggy can have the mice when a signed transfer agreement is received.
Later that evening, Jim informs Peggy of his meeting with Carter and
admits that he simply can't hand the mice over to her. Peggy appears
resigned to abandoning this part of her research protocol, when Jim
offers her the mice along with the transfer agreement, and tells her
she can submit it upon her return home, implying that the decision to
do so would be up to her.
Issues for Discussion
With government funding of research growing tighter, scientists are
increasingly seeking alternative sources of support, and for many the
prospect of industrial funding is very appealing. This case provides
an opportunity to discuss the effects of public or private funding on
scientific research, on academic scientists, and on their students,
including the importance of technology transfer, and how the source
and nature of funding can affect the sharing of data and resources and
the publication of results. Jim's apparent naivete about his relationship
with the pharmaceutical company should stimulate discussion about the
responsibilities of researchers to be informed about the terms of any
agreement into which they enter and to be sensitive to its impact on
collaborators who may not be a direct party to the agreement. Carter's
insistence on a signed transfer agreement and Peggy's reluctance to
sign it set the stage for a discussion of the increasing influence of
legal rules on the conduct of science and on relationships between scientists.
The conflict Jim experiences at the end is a good point at which to
assess how researchers can reconcile differences among professional
values, legal obligations, and loyalty to collaborators.
Discussion Questions
1.What do you think of Jim's decision to offer Peggy the mice without
receiving a signed transfer agreement in advance? What motivates his
decision?
2.Should Peggy accept the mice from Jim? Is she playing on Jim's sense
of loyalty to her and the other collaborators to gain access to the
mice? Is she under any legal or ethical obligation to return a signed
transfer agreement? What might be the consequences for her or Jim if
she uses the mice in her research but fails to sign a transfer agreement?
Could the whole matter be resolved if Peggy spent the coming year at
Jim's lab, using the mice there?
3.What does the conversation between Jim and Harry Carter reveal about
the respective missions of industry and universities? What are the appropriate
roles of universities and industry in promoting the development of useful
products from the research bench to the market place?
4.How would you characterize Jim's plea for the unrestricted accessibility
of data and research resources to all researchers? Idealistic? Naive?
Public spirited?
5.Is it reasonable for Mendoza, as the research sponsor, to exercise
so much control over the availability of the mice? Should they be less
restrictive? What other mechanisms are available to industrial firms
for exercising control over their research tools and products?
6.What are Jim's responsibilities to be familiar with the terms of his
contractual agreement with Mendoza Pharmaceuticals? What is the role
of his university in such matters? Is renegotiating the contract a viable
option?
7.What are some of the advantages and disadvantages for researchers
in using industry versus government funding to support their work? Are
these considerations the same for trainees or students?
8.Can you think of any restrictions that either industry or government
could impose that should prompt scientists to refuse their support?
9.How would the thrust of this case be changed, if at all, if the research
in which Jim and Peggy were involved was funded solely by the federal
government?
Key Terms Defined
Transfer Agreement:
A legal agreement defining conditions for possessing, sharing and using
data and other related matters arising as a result of collaborative
research between two different groups, often one in industry and the
other in academia.
YAC:
Yeast artificial chromosome, used for studying large fragments of DNA
as part of research aimed at identifying particular genes.
Knock-out Mouse:
A mouse that has been genetically engineered so that it lacks a gene
whose function is being studied.