Corporate
partnerships:
what's in it for the university?
Peter Likins
The phrase "technology transfer" was born in a military context, referring to
the one-way transfer of technological applications developed in the military to commercial
industry. A different process takes place when the source is a university rather than, say, the
Air Force. What usually
emanates from the university is not the technology but the underlying science -- new
understanding, not product development -- and the flow of information between the partners
is much more interactive than the term implies.
Most of the innovation that ultimately manifests itself in commercial applications comes from
within industry, not from the university. To create products that work in the marketplace, one
needs a deep understanding of market demands, and few of us in higher education have that
experience or the related intuitive sense. Usually, professors and students develop an
understanding of physical phenomena,
communication strategies, or engineering methods,
then collaborate with technical people outside the universities in the kind of dialogue that
permits each party to understand what the other has to contribute. The key phenomenon --
something that is often missing, but something one can deliberately foster -- is personal cross-
communication between the creative people on both sides, those with a well-developed sense
of science or theory and those with a keen sense of market opportunities.
Regardless of the benefits each draws from contact with the other, the missions of for-profit
corporations and universities remain different. A corporation's purpose is to maximize
financial benefit while operating within societal constraints; the university primarily
maximizes societal benefits within financial constraints. That distinction alters the
motivations of the principal actors. Professors are rewarded, through promotions and
reputation in the field, for maximizing the benefit to society and may not be mindful of
industry's need to maximize financial benefit through patents and control of intellectual
property. From the faculty's perspective, the ideal disposition of intellectual property is to
place it into the public domain instantly. Conversely, the corporate sector is not motivated to
make ideas accessible to others in the research community at all. Effective collaborations
usually come about where there is both a professor who accepts the legitimacy of the profit
motive and someone in industry who accepts the need to communicate research results into
the public domain. It is when the principal actors hand off the process to parties who do not
understand each other's values that trouble happens. (Typically, it is not the scientists or
engineers, but the lawyers or financial managers on either side, who find themselves at
loggerheads.)
Some misunderstandings over intellectual property stem from the different emphasis on time
in the marketplace and the academic research world. A competitive advantage comes from
getting an idea to the market first. Particularly in industries such as pharmaceuticals or
commercial electronics, the source of value is that race to market, not permanent protection of
intellectual property. Firms want to exploit the advantages of an innovation before
competitors catch up, because they inevitably will: 18 to 24 months later, someone else will
have a better product. In the 1990s, a company cannot rest on its patents and base itself on a
single idea, as many did in the '50s or '60s. The strategy is to go get the next idea, the next,
and the next, so that constant innovation becomes a corporate lifestyle. There is no corporate
incentive to lock up intellectual property forever, and universities can often accommodate
modest delays in public communications.
Research funding from corporate sources affects the branches of a university differently. Do
these differences produce distortions of purpose? It is important to remember that this is not
a new phenomenon. The rise of federal funding for certain faculty activities and not others
has altered the nature and character of the university. A corporate collaboration further
complicates an already significant tension between groups of faculty and students. But if the
university conducts its affairs optimally, faculty in all fields benefit from the increased wealth
of the institution. The fragmentation of an integrated university into a "multiversity," a
collection of diverse and often warring factions, is destructive -- especially for undergraduate
students, who are, after all, our largest numerical responsibility. Serving the undergraduates
properly is all about making the whole larger than the sum of its parts. Components of the
community not directly involved with the private sector still have valuable perspectives to
raise. The faculty who are least engaged financially in external funding are often the most
likely to raise the correct questions of principle.
Whatever the source of funds may be, strings will be attached. In the early heyday of
increasing federal funding, creating more opportunities for university research in the decades
after World War II, many sounded alarm bells over the dependency on the federal
government. There are healthy constraints and unhealthy constraints; the government may
force us to do good things or bad things; but our dependency has altered the nature and
character of the university. Similarly, a private benefactor or corporation's continued
beneficence depends on his, her, or its satisfaction with your performance. Whatever kind of
institution we turn to -- governmental, personally private, or corporately private -- a university
needs to observe certain principles. My own experience at Columbia, Lehigh, and Arizona leads me to suggest certain points that rise to
the level of principle:
Knowledge must ultimately enter the public domain. Until the Vietnam War era,
university people did not hesitate to conduct classified research, but during that war, campus
after campus gradually adopted principles defining classified work as inappropriate. Similarly,
although many individual professors consult for corporations under contracts stipulating that
the resulting intellectual property belongs to the corporation, there is an emerging standard
saying it is inappropriate for a university to make a contract that permanently suppresses
knowledge. Universities are amenable to temporary suppression, agreeing to hold back from
publishing certain kinds of work until the corporation has the opportunity to file patent
claims, but permanent secrecy is antithetical to what we're all about. Like the shared
understanding that private benefactors may endow a faculty chair but may not overrule the
university in naming the recipient, the consensus against permanent suppression of the fruits
of research is a fundamental safeguard against inappropriate compromises.
Students come first. Student involvement in academic-corporate partnerships
can lead to fruitful research, but confusion in roles and incentives can hamper a young
person's career. Publication must not be delayed in a way that compromises the completion of
theses or dissertations, and regularly constituted faculty must have primary responsibility for
establishing the standards of student research. Some students who work for companies that
contract with the university end up essentially supervised by a company officer (sometimes
with an academic title like adjunct professor), not a professor. If the company approves the
work, it is difficult for the faculty adviser to say "Well, it's not good enough for me." The final
quality judgment about the student's research resides with university faculty.
Universities must be prepared to make ethical judgments. Most academic
institutions have a commitment to certain principles, such as non-discrimination. Standing
behind those principles occasionally means taking a hit financially, but we have to have
confidence in our own value system. On a case-by-case basis, whatever university officials
think of particular policies, we can usually wield more constructive impact working with other
institutions than standing outside throwing stones. Most of us are pleased, for example, to
have Reserve Officer Training
Corps operations on our campuses, providing leadership training and opportunities that
some students are anxious to avail themselves of. At the same time, most of us have a
commitment to non-discrimination on the basis of a range of characteristics, including sexual
orientation, and ROTC is part of the military, with its "don't ask, don't tell" policy. This is an
uncomfortable compromise, but we cannot disavow all relationships with our government, so
we try to work it out and have an influence on the government's own policies. A corporate
funding source, likewise, can taint an academic institution through illegal or predatory
behavior. But we fight integrity compromises on every turf every day; you simply have to
manage the risks.
Other aspects of academic-corporate collaboration are important, though they are not
equivalent to principles. There are all kinds of arrangements splitting the benefits from
royalties on patents among the university, the professor, and the corporation; these are just
business judgments. Likewise, the relation between the work a researcher does in the academic
setting and on outside consulting contracts can be complex. During my faculty years at UCLA, one day a week I engaged in technical consulting for
aerospace companies, but the mind does not easily compartmentalize the intellectual activity
performed on Fridays from what is done Saturday through Thursday. Nevertheless, both
complex business negotiations and intellectual dialogue over this very point are now
occurring, particularly in the life sciences, where the stakes are large.
For the health of the university as a whole, society -- whether it is a tuition-paying or
tax-paying society -- has to decide that universities are worth its financial support. I find
grounds for optimism about university life in observing that we are becoming less preoccupied
with our individual work and more aware of our responsibilities to the larger society, realizing
that money will not appear to allow us to do the work we value unless someone outside finds
it valuable as well. In the 1990s it is increasingly common for there to be three parties at the
table: not only universities and corporations but federal or state governments, which are
sponsoring collaborations to sustain the flow of benefit to the broader society, such as the
federal Manufacturing
Extension Partnerships or the Ben Franklin
Partnership Program that Pennsylvania introduced to provide state money for
organizations associated with universities. Government is more likely to assist a new project
or center if it sees evidence that the corporate community attaches value to what you propose
to do. Corporate sponsors can thus help catalyze a recognition that academic research
deserves reinforcement with federal money.
The learning experience will be very different in the next century, and the engagement of
universities with private funding sources is likely to help shape our learning institutions. No
one can responsibly make predictions, but considering the changes in technology and the
increasing importance of learning to the economy, the way human beings learn may involve
far more varied mechanisms. We are now locked into a pattern
where people go to elementary
and secondary schools, then colleges and universities, obtain credentials, and then in some
formal sense stop learning, though of course real learning continues independently. I suspect
that in the decades ahead, the credentialing process within a linear, hierarchical structure -
from high school diplomas through bachelor's, master's, and doctoral degrees -- will give way
to a more complex enterprise marked by more self-directed learning (through the Internet or
its 21st-century counterpart) and a greater multiplicity of resources. Church-run universities
have long been part of the fabric of American higher education, and corporate universities
may eventually come to assume a similar role: There are now private for-profit institutions
like the University of Phoenix or the satellite-based
National Technological University, as well as Motorola University, a largely internal learning
organization focused on the needs of corporate employees. Whatever form our institutions
take, the challenges of balancing benefits and values remain the same. Accepting the burdens
and responsibilities of working with funding sources is an integral part of advancing a
university.
Related links...
Background on Dr. Peter
Likins
University of Arizona Office of
Technology Transfer
Gerhard Casper, "Come the Millennium, Where the University?" (lecture to American
Educational Research Association, 1995)
Moira
Muldoon, "A Doctorate in Doom,'" Salon (on a corporate university for video-game programmers)
PETER LIKINS, Ph.D., is
president of the University of Arizona and a former
provost of Columbia University.