Publication based on report of the Committee for Development of Guidelines for Intellectual Property Management and Commercialization of Technologies in the ICAR System. As a member of the World Trade Organization (WTO), India is bound to comply with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement).
Policy Framework for Intellectual Property Management and Technology Transfer/ Commercialization
- Introduction
- ICAR Intellectual Property Regime
- Importance of Intellectual Property Management
- Management of Intellectual Properties
- Key Elements of Policy Framework for IP Management & Technology Transfer/
- Operationalization
An Agro-Technology Management Center (ATMC) will be established at ICAR headquarters for IP management and technology transfer/commercialization. It will be funded under the ICAR Plan Scheme on IP Management and Technology Transfer/Commercialization.
Definitions
Introduction
Definitions
Zonal Agro-Technology Management Center (ZTMC; Short title for Zonal Intellectual Property Management and Technology Transfer/Commercialization Centre, i.e. ZIPM&TTC) means the center established at the identified zonal institute to manage IP protection/. Zonal Institute Technology Management Committee (ZITMC; Short title for Zonal Intellectual Property Management and Technology Transfer/ Commercialization Committee i.e. ZIPM&TCC) means the committee constituted at the identified zonal institute for IP protection/maintenance and technology transfer/commercialization for ICAR institutions to facilitate/manage in the zone.
Intellectual Properties Generated in ICAR
- Introduction
- Joint Ownership of IP
- Event of Conflict of Interest
- Forms of IP Generated in ICAR
In addition, issues such as expertise and traditional knowledge may be relevant in the context of intellectual property. Such knowledge and experience can be put to strategic commercial use in the technological production chain.
General Procedures for IP Management
- Introduction
- Claims of IP Ownership
- Procedures for IP Management
- Procedure for Shared IP
- Decision Making Bodies
- Confidentiality Agreement
- Progress Reports
- Monitoring and IP/Market Watch
The ATMC will be established at the headquarters as an independent branch of the ICAR for IP management and technology transfer/commercialization in India and abroad. Where IP is generated in a Krishi Vigyan Kendra (KVK), the IP protection will be ensured by the ZTMC in whose domain the KVK is located.
Procedures for Management of Patents
- Introduction
- Preparatory Work
- Record Keeping
- Screening/Scrutiny of Cases by the Institution
- Writing a Patent Document
- Filing a Patent Application
- Types of Patent Applications (under the Patents Act, 1970)
- Patent Application under the Patent Cooperation Treaty (PCT)
- Maintenance of Patents
- Patent Watch
- Discovery versus Invention
- Method of Agriculture or Horticulture
- Monitoring
Whether the disclosure made (in the specification) is appropriate in determining the inventive step. The reference of parent application must also be made in the body of the specification.
Procedures for Management of Plant Variety Protection
- Introduction
- Plant Variety Protection
- Registration and Protection of Extant Varieties
- Registration and Protection of New Varieties/ Hybrids/ Essentially Derived Varieties
- Dispute Prevention and Settlement
- Farmers’ Rights
- IP Monitoring, Watch and Litigations
Other terms and conditions and limitations of the Memorandum of Understanding shall be entered into by mutual agreement. Application(s) for the registration and protection of such existing varieties shall be made immediately after the application of section 15(2)61 of the PPV&FR Act. All the breeders/scientists concerned should specifically ensure the performance limits in each of the various environments/situations considered suitable for cultivation of the variety proposed for registration and protection under the PPV&FR Act.
ITMU/ZTMC will take approval of ITMC/ZITMC case by case and take further necessary action as per PPV&FR Act. All matters related to farmers' rights arising in the protection of plant varieties by ICAR will be taken up/settled as per the provisions of the PPV&FR Act.
Procedures for Management of Other Forms of IP
Introduction
In case the copyright work can be divided into several parts or parts, then the copyright notice must appear in each of its parts. In a book, only one copyright notice will be printed inside the title page, according to usual practice. On CDs and cassettes, a copyright notice will be printed on each CD and cassette and also on any accompanying sleeve or booklet.
On photographs and designs, a copyright notice will be printed at the bottom or on the back of the photograph or design work, as applicable. On manuscripts such as invited lectures or keynote addresses, a single copyright notice on the cover will usually suffice.
Copyright in Software, databases & CD-ROMS
Any copyright registration will take place in accordance with the provisions of the Copyright Act. The part of the computer program that is not saved would therefore remain the trade secret of ICAR/institutions/scientists. Web Masters will ensure proper authorization and indemnification of the copyright holder of the external material appearing on the ICAR/institutions website.
It can be registered as its Collective Mark under section 63 of the Trade Marks Act. The features of the design in the complete article must appeal to and are judged solely by the eye.
Monitoring and IP Watch
Design protection is therefore mainly of an aesthetic nature (display value) and it does not protect any technical or functional features of the article to which it is applied. The word 'new or original' involves the idea of novelty either in the pattern, form or ornament itself or in the way in which an old pattern, form or ornament is to be applied to a special subject. For example, under section 13 (5) of the Copyright Act, the design of a work of architecture (but not the method of construction) can be protected as copyright.
Technology Transfer: Commercialization of IP/Technologies
- Introduction
- Procedures for Technology Transfer/ Commercialization
- Implementation of Licences
- Use of ICAR knowledge/IP by Foreign Clients
- Monitoring and IP & Market Watch
- Socio-Economic Impact
The IPR-based technologies will be transferred for commercial purposes, subject to appropriate arrangements72/agreement or contracts73 with the parties involved. Specific licensing terms may be negotiable. When determining the price/license fee, expert opinion and assessment point of view will be taken into account, along with the following points. Therefore, the methods of payment (license fee and/or royalties) will be on mutually agreed terms with the licensee, and will be flexible/determined on a case-by-case basis rather than rigid.
As exclusive licenses are preferential, the corresponding license fee and/or royalty will be negotiated and settled on mutually agreed terms with the licensee. Transfer of IPR enabled technology by ATMC/ZTMCs/ITMUs and payments by the licensees will be in accordance with the terms and conditions including the time limits recorded in the license contracts/agreements77.
Technology Transfer: Commercialization of Plant Varieties
- Introduction
- Commercialization of Plant Varieties
- Licensing of Seed and Planting Material
- Breeder Seed
- Licence Fee/Sale Price of Breeder Seed and Royalty
- Research Exemption and Benefit Sharing
- Records and Confidential Information
- Infringements
- Monitoring and IP/Market Watch
- Socio-Economic Impact
In the license agreement for an exclusive license, a sublicense clause will be negotiated/incorporated so that a portion of the license fee and/or royalty from sublicenses granted by the licensee is provided to ICAR. A timeline for renegotiating the license, if necessary, will also be negotiated, which will be noted in the agreement. The licensee must print the same designation on the label and sell the seed/plant material substantially under that designation.
ICAR has the right to monitor the genetic purity of the seeds of the licensee's lots at the licensee's expense, which will be recorded in the license agreement. Expert opinion and judgment along with the following points will be taken into account while determining the price/royalty.
Public-Private Partnership
- Introduction
- Scope and Areas of Partnership
- Agro-Technology Management Centre (ATMC)
- Zonal Agro-Technology Management Centre (ZTMC)
- Institute Technology Management Units (ITMUs)
- Empanelment, Outsourcing and Engagement of Consultants
The scientist/entrepreneur will be entitled to avail the medical facilities provided he/she continues to make the subscription payment as the case may be. Such arrangement shall be made with due approval of the competent authority at the headquarters of ICAR. The ATMC will be headed by a business professional designated as Chief Executive Officer (CEO) with requisite knowledge of issues related to IPR portfolio management and commercialization of IPR enabled technologies.
The ATMC will be funded under the ICAR Plan Scheme102 for intellectual property management and technology transfer/commercialization. 102 A Plan Scheme will be prepared for IP management and technology transfer/commercialization in ICAR with contribution from the Central Government and ICAR's own internal resources.
Incentives and Benefit Sharing
Introduction
Benefit Sharing
A part of the monetary benefit will be earmarked for staff welfare and will be placed with the Staff Welfare Fund of ICAR headquarters and relevant institutions107.
Sharing of Benefit Money
The ITMC in the institution(s) will decide on the further division109 and use of the institution's share of the compensation money. The CTMC at HQ will decide on the further use of the benefit money earmarked for ICAR HQ. ATMC or concerned licensee institution shall retain the net proceeds/benefit money and pay service tax.
The IPR/commercialization money will be shared between/between the institutions on mutually agreed terms. Revenue sharing will be in accordance with the existing ICAR Rules and Guidelines, 1997 as may be amended from time to time as required 110 .
Human Resource Development
Introduction
Developing Competence
Awareness Generation
IP Related Training
International Training: ICAR can arrange short to medium duration skill upgradation courses at Zonal Centers of Excellence. Regional Prioritization and Capacity Building Workshops may be organized at NASC by ATMC/ICAR/DARE from time to time with the approval of the Competent Authority. ATMC will develop and launch an online training program on IPR in agricultural research and technology management.
Collaboration will be established with relevant national or global organizations such as Indian Law Institute, National Law Schools, World Intellectual Property Organization (WIPO) etc. Appropriate training modules and other details like time table announcements, registration, fees will be developed Exams, online tutors, software etc. will be developed.
IPR in Agricultural Education
ICAR will nominate and support its scientists, senior officers, research managers and others as and when deemed necessary for obtaining expertise on IPR matters overseas at centers of excellence.
Special Skills in IP Management
Interactive web-enabled mechanism for dialogue with stakeholders on the various IPR related issues will be developed by ATMC. A user-friendly database of scientists/experts on IPR issues and commercialization of technologies will be generated at the ATMCs/ZTMCs and updated periodically.
HRD Budget
Research on IP Management
Monitoring
Such disclosure may have to be made by the concerned institution to the enterprises/companies for commercialization of the technology. It will be mandatory on the part of the manufacturer to include these improvements in the design. All types of information (knowledge) and IP generated by the partners in the execution of the program.
Share to ICAR/parent organization(s) of other partners will be as negotiated before the start of the project. However, delay in the issuance of the patent came in the way of the commercialization of the technology.
Index
Registration and Protection of Existing Varieties, vi, 36 Registration and Protection of New Varieties, vi, 37 Registration of Commercial Entities, 47. Reports and Monitoring, 10 Research Funding from ICAR, 6 Research Funding to ICAR, 6 Research on IP Management, 69 Revised and update, 10 Repeal, 39.
