| The Union government is likely to enact a law to create uniform legal framework for government-funded research and give universities and research institutions ownership and patent rights for their innovations.
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| The matter is before the Cabinet and will shortly be moved to Parliament for approval, according to a source close to the development.
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| The move was initiated by National Knowledge Commission (NKC) Chairman Sam Pitroda as an incentive to encourage innovation, collaboration, licensing and commercialisation in Indian institutes.
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| The law will be on the lines of the 1980 Bayh-Dole Act of America, which played a part in multiplying the number of patents filed by and granted to universities, the number of universities involved in patenting and licensing of inventions and in the number of new companies that were set up on the basis of new inventions licensed by universities.
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| Before the Bayh-Dole Act was enacted, America’s federal agencies owned about 28,000 patents, out of which only 5 per cent were licensed to industry for development of commercial products.
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| The proposed legislation will also help universities and research institutions file patents in their own name and forge commercialisation processes with the industry.
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| It may also allow the balance of any royalties or income earned after payment of expenses, to be ploughed back into institutes for scientific research and education.
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| “Giving ownership rights to universities and linking such ownership with the patent system and the market, will make research a much more attractive option,” said a professor working with NKC.
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| According to the proposal, the government could have ‘march-in rights’ to protect certain public good(s) or matters pertaining to national security.
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| The government could also be given the right to own an invention where the party decides not to retain title or fails to file the requisite patent application.
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| Business schools also need to incorporate IPR dimensions in their curricula. “There is also an urgent need to set up IPR cells in major scientific and educational institutions in the country with trained staff, competent in the law and technical aspects of relevant disciplines,” added the professor.
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| Indian institutes have realised the importance of patenting their innovations and have even begun formulating their own IPR policies.
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| A professor from IIT-Bombay said: “If this legislation is passed, it will be a good move. In general, institutes in India have not been proactive on this. Academics have to publish their research articles which one should get patented. This move will motivate them to patent their items and get it published.” |
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