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Senate Employment, Workplace Relations, Small Business and Education Committee

Inquiry into the Capacity of Public Universities to Meet Australia's Higher Education Needs

Submission to Senate Inquiry on : The capacity of public universities to meet Australia’s higher education needs.

I would particularly like to address items (b) v of the terms of reference.

Background

I have worked as a research scientist from 1978. Until December 2000 I was a Fellow in the John Curtin School of Medical Research, ANU. I am currently an NHMRC funded Senior Research Fellow in Chemistry, The faculties, ANU. My area of expertise is the biological activity of fungal toxins.

I would like to note that I am not opposed to commercial funding of research under the proper conditions and I have been a co-recipient of $1.5 million dollars in external industry money.

General.

It is my contention that the current overwhelming swing to commercialisation of scientific research in Australia has the capacity to irreparably damage basic Australian science. This move for research groups to seek more and more commercial funding is driven by the gross under funding of public Universities by government. In particular the lack of sufficient funding for basic curiosity driven scientific research. It has been demonstrated time and again that it is mainly from the latter that the groundbreaking, “paradigm shifting” discoveries arise. These are the discoveries that impel science into new frontiers and bring kudos to the scientists of that country and the country itself. They also inevitably bring economic benefit if managed properly.

Concentrating on commercialisation of research is having the following effects:

  • An increase in application driven research rather than basic research. This leads to “copy cat” or “bandwagon” projects which hope to exploit some commercial aspect of the project although there may be little originality. For example the many vaccine projects that have highly desirable outcomes but are based on known technology. Basic research in immunology should also be high on the agenda.
  • Related to the above point is the proliferation of inappropriate projects for PhD students that are often based on securing a particular outcome rather than seeking new knowledge – two things which are often not the same thing. This can lead to inadequate supervision because the project is not primarily driven by the knowledge base in the institution but by a commercial goal.
  • An increase in secrecy and lack of communication between research workers in institutions. Secrecy may be appropriate to industry but not in a publicly funded University. On several occasions I have known staff and students to refuse to answer questions at seminars or even give seminars because of confidentiality reasons. This is highly inappropriate in a publicly funded University which should be devoted to free and unfettered investigations in the public good.
  • Serious conflict of interests, particularly when researchers have a monetary interest in the outcome of their work (see below).
  • A degradation of the status of science and scientists in the public eye because of exaggeration of the significance of scientific results. On no fewer than 25 occasions for example the Canberra Times and other newspapers have reported possible cures for cancer, AIDS and other common and serious medical problems stemming from research at The John Curtin School of Medical Research. I am aware of only one product, which is currently on the market, which arose through basic research carried out at the ANU. I am personally aware of many people both in and outside of the ANU who regard many of these claims (I believe justifiably so) with great cynicism. Exaggerated claims of medical cures are necessary to secure funding for commercially driven research. They can also be used to manipulate share markets. These claims will only serve to lower the esteem that scientists have built in the eyes of many as unbiased seekers after truth and indeed encourage those areas of new age pseudo-science which have flourished recently.
  • A general lowering of morale and increased cynicism in all University staff. For example it is very hard to understand the justification for slashing schools and departments at the ANU while simultaneously financially propping up an ailing ANUTECH to the tune of $10 million dollars. This sends a clear message that incompetent commercialisation of research is more important than the research itself.

Biotron.

I would like to specifically discuss the inappropriately intimate arrangement of the company Biotron with the John Curtin School of Medical Research.

This company has been established to commercialise basic research arising from work done by scientists in the John Curtin School.

I have no judgment to make about the validity of the science underlying the formation of this company. This is difficult to assess anyway because much is unpublished. A raft of projects form the basis of possible therapeutics to treat AIDS, to test for cancer, to overcome drug toxicity and develop new insecticides. I would like to make the following points:

  • The total shares on issue were 64,000,000. It is on the public record that of these a total of approx. 22,300,000 were distributed to members of the John Curtin School or the ANU (4,500,000; 7%). The executive research director is also a full time member of the John Curtin School staff and holds 9,500,000 of these shares (15%). Four members of the John Curtin School research staff who are working on projects listed in the Biotron prospectus also hold a total of 8,300,000 of these shares.
  • The shares were floated at $0.5 each and at the time of writing this submission were $0.45.
  • No products have been commercialised from these projects.
  • Biotron has first option of refusal on any commercially viable basic research arising in the John Curtin School.

The formation of this company has the potential to significantly enrich a small number of research workers in the John Curtin School for minimal effort and must represent one of the most obvious examples of conflict of interest between scientific research and commercial exploitation.

The company has been created essentially on the back of the illustrious reputation of a publicly funded research institute. This is recognised by a business assessment of Biotron by ASSIRT Equities Research: “ Biotron’s strategic alliance with the John Curtin School of Medical Research provides a valuable link to a well recognised centre of research excellence. We believe, in the absence of peer reviewed scientific research, given the precarious nature of provisional patent approvals and the associated risk to intellectual property, such an alliance provides unofficial endorsement of the rigour of Biotron’s research methodology and large Pharma visibility” # This business assessment also recognises the importance of key research workers also being shareholders : “It remains to be seen how an overtly commercial focus will impact the internal culture of the research project team. A further consideration being managements ability to attract, develop, motivate, retain and effectively utilise auxiliary staff given the long lead times involved in basic research. That said, post listing key personnel/ and associates will hold over 40% of total shares on issue, which we believe will align interest with those of shareholders” # (My italics)

 

  • Why should a publicly funded institution (including those researchers working there at present) now be used to promote (and provide infrastructure for) a company with no product yet to sell and whose shareholders include a minority of staff who stand to gain (disproportionately) financially from the success of this company?
  • Share prices in Biotron will be reflected in the success or failure of the research. Can we expect research workers to be scrupulously honest in reporting facts that will adversely affect share prices. Even research workers in the school not associated with Biotron may be under pressure not to publish or disseminate results that adversely impinge on development of the promised products and profits to Biotron since the ANU is a shareholder.
  • It is unclear what the effect will be on individuals working in the school in similar areas who are not associated with Biotron. Will new researchers entering the school be prevented from working “in competition” with Biotron projects.

I am not opposed to commercialisation of research. However it must be carried out at arms length from Universities whose function is the collection and dissemination of new knowledge. Mechanisms are in place for investigation by pharmaceutical companies of promising procedures or drugs discovered in Universities. Patents can protect the intellectual property and those responsible for the discovery can be appropriately rewarded when a drug or procedure has gained commercial success. Universities are no place for speculative endeavours that, while enriching some, have the potential to bring the institution into disrepute through serious perceptions of conflict of interest.

I would propose that:

  • Consideration is given for putting mechanisms in place, which clearly separate the basic science from any commercial exploitation of that science.
  • Conflicts of interest such as those outlined above be prevented. I understand that some North American universities have recognised this problem and prevent scientists from working for companies in which they also own shares. For example the Harvard Medical School explicitly prevents “A faculty member receiving University or Hospital supervised Sponsored Research Support (whether in dollars or in kind) for clinical research or research which does not involve human subjects, from a business in which he/she, a member of his/her family or an associated entity hold a stock or similar ownership interest” *
  • An independent complaints tribunal is set up for Universities including one which would accept complaints in relation to the creeping corruption of higher learning by commercialisation. This is particularly important given the increasing direct involvement of Universities themselves with commercial ventures. Thus the ANU, with 7% share in Biotron is clearly in a position of conflict if it receives complaints related to the company.
  • Increase University funding to allow basic research to flourish alongside (but independent of) commercially successful applications developed from that research.

# ASSIRT Equities Research appraisal of Biotron (accessible through Biotron Ltd home page)

* see http://www.hms.harvard.edu/integrity/guide.html

Paul Waring (PhD) NHMRC funded senior research fellow 19/02/01

 

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