+ All Categories
Home > Documents > IPR and Public-Private Technology Transfer Professor Prabuddha Ganguli [PhD] CEO VISION-IPR 103 B...

IPR and Public-Private Technology Transfer Professor Prabuddha Ganguli [PhD] CEO VISION-IPR 103 B...

Date post: 27-Mar-2015
Category:
Upload: morgan-kidd
View: 221 times
Download: 3 times
Share this document with a friend
Popular Tags:
40
IPR and Public-Private Technology Transfer Professor Prabuddha Ganguli [PhD] CEO “VISION-IPR” 103 B SENATE, Lokhandwala Township, Akurli Road, Kandivli East, Mumbai 400101, India Tel: 91-22-8873766 e-mail: [email protected] Presentation made at the WIPO-CSIR Workshop on g and Technology Transfer; New Delhi; India, July 4
Transcript
Page 1: IPR and Public-Private Technology Transfer Professor Prabuddha Ganguli [PhD] CEO VISION-IPR 103 B SENATE, Lokhandwala Township, Akurli Road, Kandivli East,

IPR and Public-Private Technology Transfer

Professor Prabuddha Ganguli [PhD]

CEO“VISION-IPR”

103 B SENATE, Lokhandwala Township,

Akurli Road, Kandivli East, Mumbai 400101, India

Tel: 91-22-8873766

e-mail: [email protected]

Presentation made at the WIPO-CSIR Workshop on Licensing and Technology Transfer; New Delhi; India, July 4-8, 2005

Page 2: IPR and Public-Private Technology Transfer Professor Prabuddha Ganguli [PhD] CEO VISION-IPR 103 B SENATE, Lokhandwala Township, Akurli Road, Kandivli East,

Technological Innovation ….Societal Progress

Creative exploitation of knowledge in

Selection of seeds leading to the Green Revolution and enhancing agricultural productivity

Development of nutritive food supplements, vaccines, medicines, methods of treatment to improving community health

Inventing novel devices for diverse applications, including, facilitating learning processes and providing systems for communication

Deciphering secrets of life creating processes, integrating with communication technologies to give biotechnology

pganguli©2005

Page 3: IPR and Public-Private Technology Transfer Professor Prabuddha Ganguli [PhD] CEO VISION-IPR 103 B SENATE, Lokhandwala Township, Akurli Road, Kandivli East,

pganguli©2002

Page 4: IPR and Public-Private Technology Transfer Professor Prabuddha Ganguli [PhD] CEO VISION-IPR 103 B SENATE, Lokhandwala Township, Akurli Road, Kandivli East,

“Knowlitics™” …...…..A new international

phenomena

Emerging Socio-Political Dimensions of the Knowledge

Trade

IPR plays a decisive role

Transacting Owned Knowledge

“Knowletics” TM applied for in India by P. Ganguli pganguli©2003

Page 5: IPR and Public-Private Technology Transfer Professor Prabuddha Ganguli [PhD] CEO VISION-IPR 103 B SENATE, Lokhandwala Township, Akurli Road, Kandivli East,

Strategic Linking of Knowledge Incubators with Business

EnterprisesIntegrate IPR in the knowledge generation and transfer process

Where does one start????

pganguli©2004

Page 6: IPR and Public-Private Technology Transfer Professor Prabuddha Ganguli [PhD] CEO VISION-IPR 103 B SENATE, Lokhandwala Township, Akurli Road, Kandivli East,

TODAYYESTERYEARS

RESEARCH MODELS

TOMORROW…….

ISSUESRESEARCH PROCESS“APPROACHES”SOCIETAL IMPACTKNOWLEDGE OWNERSHIPBENEFITS SHARING

p.ganguli©2001

Page 7: IPR and Public-Private Technology Transfer Professor Prabuddha Ganguli [PhD] CEO VISION-IPR 103 B SENATE, Lokhandwala Township, Akurli Road, Kandivli East,

YESTERYEARS

RESEARCH MODELS

Typically ConceptualState Funded Institutions“Open-Ended” Knowledge GenerationEnrichment of “Public Domain knowledgeCredits: Enhanced Peer Recognition

Typically ApplicationsPrivate Funded InstitutionsTargeted End PointsOptimized use of “Public Domain Knowledge”Value Addition as measure of competitive edgeProfits,Market dominanceProprietary Issues

UPSTREAM RESEARCHDOWNSTREAM RESEARCH

TODAYTOMORROW.

p.ganguli©2001

Page 8: IPR and Public-Private Technology Transfer Professor Prabuddha Ganguli [PhD] CEO VISION-IPR 103 B SENATE, Lokhandwala Township, Akurli Road, Kandivli East,

TOMORROWYESTERYEARS

RESEARCH MODELS

TODAY

Partial Funding By Private Enterprises in Upstream ResearchIssues on knowledge FlowBenefits SharingPublications Research Schemes, Peer Group Recognition etc.Free use by Funding Agency??Diffused Ownership!!

MIDSTREAM

p.ganguli©2001

Page 9: IPR and Public-Private Technology Transfer Professor Prabuddha Ganguli [PhD] CEO VISION-IPR 103 B SENATE, Lokhandwala Township, Akurli Road, Kandivli East,

TODAYYESTERYEARS

RESEARCH MODELS

TOMORROW…….

Blurring of boundaries between Upstream & Downstream ResearchOverlap between disciplinesQuantification of OwnershipFormalized benefit Sharing by PartnersOverlapping Claims by different ownersChallenges to Ownership CriteriaAnti competition or Monopolistic Issues

IRP Multi-tier innovation processOptimized use of global knowledge base

Intra-Enterprise resourcesExtra-Enterprise inputs

Global/National licensing issuesIntricate exclusive/non-exclusive benefits SharingOrganizational frameworks for rapid diffusion of innovation to business

TURBULENCE RAPIDS

p.ganguli©2001

Page 10: IPR and Public-Private Technology Transfer Professor Prabuddha Ganguli [PhD] CEO VISION-IPR 103 B SENATE, Lokhandwala Township, Akurli Road, Kandivli East,

Sociology of Technology

• Organization of technology• Best Practices and Value Chain of the

Business is difficult to transfer• Cooperative governance in the innovation

process• Small Suppliers to Big Companies … very

effective systems.• National Technology Mission

pganguli©2005

Page 11: IPR and Public-Private Technology Transfer Professor Prabuddha Ganguli [PhD] CEO VISION-IPR 103 B SENATE, Lokhandwala Township, Akurli Road, Kandivli East,

Expertise Centres

SME

SME

Large Enterprises

Enterprise Networking

p.ganguli©2005

Page 12: IPR and Public-Private Technology Transfer Professor Prabuddha Ganguli [PhD] CEO VISION-IPR 103 B SENATE, Lokhandwala Township, Akurli Road, Kandivli East,

Demand for Patents World wide

9586045

7114126

5899089

4461369

3434628

23068401965487

1595950

1785760

2774582

593882

721657624495

640202

826572

751046702280

683874

685382

629611

0

1000000

2000000

3000000

4000000

5000000

6000000

7000000

8000000

9000000

10000000

1991 1992 1993 1994 1995 1996 1997 1998 1999 2000

First Filings

Total Filings

Ref: Intellectual Property Rights.. Unleashing the Knowledge Economy P. Ganguli ( Tata McGraw Hill, New Delhi 2001)

Page 13: IPR and Public-Private Technology Transfer Professor Prabuddha Ganguli [PhD] CEO VISION-IPR 103 B SENATE, Lokhandwala Township, Akurli Road, Kandivli East,

Annual Patent Globalization Index (PGI)

0

2

4

6

8

10

12G

lob

aliz

atio

n I

ndex

PGI 1.69 1.86 2.66 3.34 4.01 5.5 8.85 10.59

1991 1992 1994 1995 1996 1997 1999 2000

PGI = (Total Number of Patents Filed Worldwide) - (Number of First Filings Worldwide)(Number of First Filings Worldwide)

Ref: Intellectual Property Rights.. Unleashing the Knowledge Economy P. Ganguli ( Tata McGraw Hill, New Delhi 2001)

Page 14: IPR and Public-Private Technology Transfer Professor Prabuddha Ganguli [PhD] CEO VISION-IPR 103 B SENATE, Lokhandwala Township, Akurli Road, Kandivli East,

A decade of changes• Enabling national policies and incentive

schemes to encourage R&D, technology development and transfer

• Growth of financial institutions• Moving into the new IPR Paradigm• Maturing of the IPR infrastructure• Several national agencies including industry

associations providing IPR awareness and facilitation programmes

• International agencies getting involved in developmental activities at grass roots….. e,.g. UNIDO Projects, NGOs, WIPO and others.

pganguli©2005

Page 15: IPR and Public-Private Technology Transfer Professor Prabuddha Ganguli [PhD] CEO VISION-IPR 103 B SENATE, Lokhandwala Township, Akurli Road, Kandivli East,

Developments in India

Moving into strong IPR Regime in a phased manner during the last 35 years

while growing its infrastructure

and economy.

IPR is now a necessity to give its economy the required competitive edge

p.ganguli©2005

Page 16: IPR and Public-Private Technology Transfer Professor Prabuddha Ganguli [PhD] CEO VISION-IPR 103 B SENATE, Lokhandwala Township, Akurli Road, Kandivli East,

Indian National S&T Policy 2003 …salient features

• Vigorously foster scientific research in universities and other academic, scientific and engineering institutions; and attract the brightest young persons to careers in science and technology, by conveying a sense of excitement concerning the advancing frontiers, and by creating suitable employment opportunities for them.

• Also to build and maintain centres of excellence, which will raise the level of work in selected areas to the highest international standards

pganguli©2005

Page 17: IPR and Public-Private Technology Transfer Professor Prabuddha Ganguli [PhD] CEO VISION-IPR 103 B SENATE, Lokhandwala Township, Akurli Road, Kandivli East,

Indian National S&T Policy 2003 …salient features

• Provide necessary autonomy and freedom of functioning for all academic and R&D institutions so that an ambience for truly creative work is encouraged, while ensuring at the same time that the science and technology enterprise in the country is fully committed to its social responsibilities and commitments

pganguli©2005

Page 18: IPR and Public-Private Technology Transfer Professor Prabuddha Ganguli [PhD] CEO VISION-IPR 103 B SENATE, Lokhandwala Township, Akurli Road, Kandivli East,

Indian National S&T Policy 2003 .. Salient features

To substantially strengthen enabling mechanisms that relate to technology development, evaluation, absorption and upgradation from concept to utilization.

To establish an Intellectual Property Rights (IPR) regime which maximises the incentives for the generation and protection of intellectual property by all types of inventors. Provide a strong, supportive and comprehensive policy environment for speedy and effective domestic commercialisation of such inventions

All efforts are made to have high-speed access to information, both in quality and quantity, at affordable costs; and also create digitized, valid and usable content of Indian origin. pganguli©2005

Page 19: IPR and Public-Private Technology Transfer Professor Prabuddha Ganguli [PhD] CEO VISION-IPR 103 B SENATE, Lokhandwala Township, Akurli Road, Kandivli East,

Indian National S&T Policy 2003 … Salient Features

Support innovation in all its aspects through a comprehensive national system of innovation covering science and technology as also legal, financial and other related aspects

Set in mechanisms to achieve synergy between industry and scientific research by creation of Autonomous Technology Transfer Organizations

as associate organizations of universities and national laboratories to facilitate transfer of the know-how generated to industry

Encourage scientists and technologists to transfer the know-how generated by them to the industry and be a partner in receiving the financial returns

Encourage Industry to financially adopt or support educational and research institutions, fund courses of interest to them, create professional chairs etc. to help direct S&T endeavours towards tangible industrial goals

pganguli©2005

Page 20: IPR and Public-Private Technology Transfer Professor Prabuddha Ganguli [PhD] CEO VISION-IPR 103 B SENATE, Lokhandwala Township, Akurli Road, Kandivli East,

India Post TRIPS…. An Audit• 1st (1999) and 2nd Patents Amendment Act (2002)

with Patent Rules 2003; 3rd amendment bill introduced in December 2003 has lapsed; Patent Ordinance 2004 on December 26th 2004. The Bill for the 3rd Amendment was passed in Lok Sabha on 22/3/05 and in Rajya Sabha on 23/3/05

• The Trademarks Act 1999 and TM Rules 2002 (rules notified on September 15, 2003)

• Copyright Act 1957 with Copyright rules 1958 followed by International Copyright Order 1999.

• Designs Registration Act 2000 with Design rules 2001• Geographical Indications Act 1999 with GI rules 2002• Protection of Layouts for Integrated Circuits Act 2000• The Protection of Plant Varieties and Farmers Rights

Act 2001• Bio-diversity Act 2002

pganguli©2005

Page 21: IPR and Public-Private Technology Transfer Professor Prabuddha Ganguli [PhD] CEO VISION-IPR 103 B SENATE, Lokhandwala Township, Akurli Road, Kandivli East,

Approaches to Industry – Academic Technology

Collaboration

Only Memorandum of Understanding Singed (MOU) with no formal IP

Clauses / Policies

Essentially no awareness of the issues.

Page 22: IPR and Public-Private Technology Transfer Professor Prabuddha Ganguli [PhD] CEO VISION-IPR 103 B SENATE, Lokhandwala Township, Akurli Road, Kandivli East,

Instructions for Technology Transfer and IPR

Ministry of Science and Technology has issued the guidelines "Instructions for Technology Transfer and

Intellectual Property Rights", which would help in enhancing the motivation of scientists, research

institutions and universities in projects funded by the Department of Science and Technology, Department of Biotechnology, Department of Scientific and Industrial

Research and Department of Ocean Development.

pganguli©2005

Page 23: IPR and Public-Private Technology Transfer Professor Prabuddha Ganguli [PhD] CEO VISION-IPR 103 B SENATE, Lokhandwala Township, Akurli Road, Kandivli East,

Guidelines for Technology Transfer and IPR

Ownership of Intellectual Property:

Institutions shall be encouraged to seek protection of intellectual property rights in respect of the results of R&D. They may retain the ownership of such IPR. ‘Institutions’ would mean any technical, scientific or academic establishment where research is carried out through funding by the central/state government.

pganguli©2005

Page 24: IPR and Public-Private Technology Transfer Professor Prabuddha Ganguli [PhD] CEO VISION-IPR 103 B SENATE, Lokhandwala Township, Akurli Road, Kandivli East,

Guidelines for Technology Transfer and IPR

Transfer of Technology:

The institutions shall take the necessary steps to commercially exploit patents on exclusive or non-exclusive basis.

Royalty to Inventors: The owner institution is permitted to retain the benefits and earnings generated out of the IPR. The institution may determine the share of inventor(s) and other persons from such actual earnings. However, such share(s) shall be limited to one third of the actual earnings.

pganguli©2005

Page 25: IPR and Public-Private Technology Transfer Professor Prabuddha Ganguli [PhD] CEO VISION-IPR 103 B SENATE, Lokhandwala Township, Akurli Road, Kandivli East,

Guidelines for Technology Transfer and IPR

Norms for Private Industry:

IPR generated through joint research by institution(s) and industrial concern(s) through joint efforts can be owned jointly by them as may be mutually agreed to by them through a written agreement. The institution and industrial concern may transfer the technology to a third party for commercialisation on exclusive/non-exclusive basis. The third party, exclusively licensed to market the innovation in India, must manufacture the product in India. The joint owners may share the benefits and earnings arising out of commercial exploitation of the IPR. The institution may determine the share of the inventor(s) and other persons from such actual earnings. Such share(s) shall not exceed 1/3rd of the actual earnings. pganguli©2005

Page 26: IPR and Public-Private Technology Transfer Professor Prabuddha Ganguli [PhD] CEO VISION-IPR 103 B SENATE, Lokhandwala Township, Akurli Road, Kandivli East,

Guidelines for Technology Transfer and IPR

Patent Facilitating Fund:

The owner institution(s) shall set apart no less than 25% of the revenue generated from IPR, to create a Patent Facilitating Fund. The Fund shall be utilized by the owner for updating inventions, filing new patent applications and protecting the IP rights against infringement and for building competency in the area of IPR and related issues.

pganguli©2005

Page 27: IPR and Public-Private Technology Transfer Professor Prabuddha Ganguli [PhD] CEO VISION-IPR 103 B SENATE, Lokhandwala Township, Akurli Road, Kandivli East,

Guidelines for Technology Transfer and IPR

Information :

The institutions shall submit information relating to the details of the patent obtained, the benefits and earnings arising out of IPR and the turnover of the products periodically to the department/Ministry which had provided funds.

March In Rights:

The Government shall have a royalty-free license for the use of intellectual property for the purposes of the Government of India.

pganguli©2005

Page 28: IPR and Public-Private Technology Transfer Professor Prabuddha Ganguli [PhD] CEO VISION-IPR 103 B SENATE, Lokhandwala Township, Akurli Road, Kandivli East,

Several Government Sponsored Schemes

A few Examples

pganguli©2004

Page 29: IPR and Public-Private Technology Transfer Professor Prabuddha Ganguli [PhD] CEO VISION-IPR 103 B SENATE, Lokhandwala Township, Akurli Road, Kandivli East,

Promotion of technology transfer ……national schemes

• Stress on academic-industry-government teamwork for targeted deliver of business oriented results through innovative funding schemes such as New Millennium Indian Technology Leadership Initiative (NMITLI)http://www.csir.res.in/nmitli/nmitli.html; Drugs & Pharmaceutical Researchhttp://dst.gov.in/scprog/tecdev/drugspharmares.htm; Instrumentation Development Programme http://dst.gov.in/scprog/tecdev/instrdevprog.htm; Grants to Industry- PATSER Programme Aimed at Technological Self Reliance (PATSER) http://dsir.nic.in; Home- Grown Technology Programme (HGT) http://www.tifac.org.in/; Department of Information Technology http://www.mit.gov.in/R&D/projects/index.htm#about

pganguli©2004

Page 30: IPR and Public-Private Technology Transfer Professor Prabuddha Ganguli [PhD] CEO VISION-IPR 103 B SENATE, Lokhandwala Township, Akurli Road, Kandivli East,

Research and Development byIndustry (RDI) consisting of:In-house R&D in industryR&D by Scientific and IndustrialResearch Organisations (SIROs)Fiscal Incentives for ScientificResearch

Programme Aimed at TechnologicalSelf-Reliance (PATSER) consistingof:

Development of new or improvedtechnologies.Development of special/custombuilt capital goods.Absorption and adaptation ofimported technology.Studies and interactionsconcerning technology evaluationand pre-industry feasibility ofmajor sectors/products.Technopreneur PromotionProgramme.

Scheme to Enhance the Efficacy ofTransfer of Technology (SEETOT)consists of:National Register of ForeignCollaborations (NRFC)Transfer and Trading inTechnology (TATT)Promotion and Support toConsultancy Services (PSCS)including ConsultancyDevelopment Centre (CDC)

International CooperationChart 3

Page 31: IPR and Public-Private Technology Transfer Professor Prabuddha Ganguli [PhD] CEO VISION-IPR 103 B SENATE, Lokhandwala Township, Akurli Road, Kandivli East,

Promotion of technology transfer ……national schemes

• National IPR Facilitating Centers National Research Development Council (NRDC) Partnering innovators, entrepreneurs, institutions to protect their

innovations in India and abroad and also help to commercialise their IPR

Technology Information and Forecasting Cell (TIFAC) Facilitating patent searches, funding and facilitating filing of

patents, partnering in commercialisation of IPRNational Innovation Fund Working with grass-root innovators to protect their innovations

and also to facilitate technology transfer/ IPR commercialisation Technology Incubation Programme DST Funded incubation centers set up to facilitate

entrepreneurship development and IPR development and transfer

pganguli©2004

Page 32: IPR and Public-Private Technology Transfer Professor Prabuddha Ganguli [PhD] CEO VISION-IPR 103 B SENATE, Lokhandwala Township, Akurli Road, Kandivli East,

Mission Led Projects• Strategic Technologies to build competitive

capabilities…… 4 National Level Projects led by the Principal Scientific Advisor to GOI

TIFAC : Universities, Indian Institute of Technology ( set of them) and industries.

IPR will belong to Universities and IITs. First rights to refusal to industry. Govt. will have march-in rights. Just initiated. Liberal licensing and benefit sharing will be developed.

Page 33: IPR and Public-Private Technology Transfer Professor Prabuddha Ganguli [PhD] CEO VISION-IPR 103 B SENATE, Lokhandwala Township, Akurli Road, Kandivli East,

LESSONS

• Identification of relevant problem• Investments by private industry

in their R&D labs• Active link and utilising facilities

and expertise in Publicly Funded Institutions and Government Authorities

• Speedy science to development process/product technology for commercial venture.

Exploring global partners for the steps…… role of internationalorganisations?, governments?, transnational companies? pganguli©2003

Page 34: IPR and Public-Private Technology Transfer Professor Prabuddha Ganguli [PhD] CEO VISION-IPR 103 B SENATE, Lokhandwala Township, Akurli Road, Kandivli East,

The Present TrendCreation of Institutional IPR Policies

Active Involvement of Industry Associations

Introduction of courses on IPR in various institutions

IPR Awareness Workshops in Institutions, Judiciary, Enforcement Agencies, Courses on Licensing Strategies, Development of

IPR Manuals for the SME Sector, etc

WIPO Partnering in this process.pganguli©2005

Page 35: IPR and Public-Private Technology Transfer Professor Prabuddha Ganguli [PhD] CEO VISION-IPR 103 B SENATE, Lokhandwala Township, Akurli Road, Kandivli East,

…...Several Science and Technologies getting orphaned due to non availability of funds to

progress IPRs on global scale…….inadequate infrastructure, management skills, negotiation

acumen, inadequate venture capital culture

………...No clout to negotiate due to fragmented technologies

……..lack of patent information base

search skills, avoiding of “reinventing the wheel”

pganguli©2003

Page 36: IPR and Public-Private Technology Transfer Professor Prabuddha Ganguli [PhD] CEO VISION-IPR 103 B SENATE, Lokhandwala Township, Akurli Road, Kandivli East,

……Social cost of granting wrong patents

…….high cost of litigation…………when is traditional knowledge

legitimate prior art and under what circumstances

should it be considered as socio-piracy

pganguli©2003

Page 37: IPR and Public-Private Technology Transfer Professor Prabuddha Ganguli [PhD] CEO VISION-IPR 103 B SENATE, Lokhandwala Township, Akurli Road, Kandivli East,

Government

• Constitute integrated single window National IPR Commission

• National IPR literacy Mission … Thrust• Development of competition law as

balancing positive measures to control overuse of misuse of IPR.

• Exploit geographical indicators to national advantage.

pganguli©2005

Page 38: IPR and Public-Private Technology Transfer Professor Prabuddha Ganguli [PhD] CEO VISION-IPR 103 B SENATE, Lokhandwala Township, Akurli Road, Kandivli East,

•Re-structure the judiciary & enforcement machinery for professional and speedy response to IPR issues

•Introduce enabling National Taxation Policy to encourage IPR trade.

•Networks for protection of grass root innovation and innovators

Government

pganguli©2005

Page 39: IPR and Public-Private Technology Transfer Professor Prabuddha Ganguli [PhD] CEO VISION-IPR 103 B SENATE, Lokhandwala Township, Akurli Road, Kandivli East,

• Easy and cost effective access to IPR information.

• Set-up IPR training institutes to prepare technically qualified attorneys

• Urgently modernize the IPR Administrative Set-ups in the country

• Establishment of IPR facilitating centres in the country.

Government

pganguli©2005

Page 40: IPR and Public-Private Technology Transfer Professor Prabuddha Ganguli [PhD] CEO VISION-IPR 103 B SENATE, Lokhandwala Township, Akurli Road, Kandivli East,

Institutional IPR Policy Integrating IPR into institutional mission, strategy

& project management Effective Use of IPR information and international

alliances Identifying areas of possible infringements Licensing strategy Policing of institutional IP assets Litigation strategy IPR audit Effective utilisation of International Conventions.

pganguli©2001


Recommended