OVERVIEW OF AGREEMENTS IN R&D AND TECHNOLOGY TRANSFER
RAVINDERJIT SINGH, CEO AGRINNOVATE INDIA LIMITED
(A GOVT OF INDIA ENTERPRISE)
INCEPTION OF AGIN
Apex body for coordinating, guiding and managing research and education in
agriculture in the entire country.
Commercial Arm for National Agricultural Research System To be a centre of excellence in teaching,
research and extension education in the field of agriculture and allied sectors in North
East India
INDIAN COUNCIL OF AGRICULTURAL RESEARCH
The Council is the apex body for coordinating, guiding and managing research and education in agriculture including horticulture, fisheries and animal sciences
in the entire country. With 101 ICAR institutes and 71 agricultural universities spread across the country this is one of the largest national
agricultural systems in the world.
Divisions
1. Crop Science
2. Horticultural Science 3. Natural Resource
Management
4. Agricultural Engineering 5. Animal Science
6. Fisheries Science
7. Agricultural Education
8. Agricultural Extension.
CROP SCIENCE
27
15
5 All-India Network
Projects
.National Institutes
All-India Coordinated Research Projects Focus:
(i) Food and Fodder Crops, (ii) Oilseeds and Pulses, (iii) Commercial Crops, (iv) Seeds,
(v) Plant Protection, and
(vi) Intellectual Property Rights.
HORTICULTURE SCIENCE
23
13
6 All-India Network
Projects
.All-India Coordinated Research Projects National Institutes
National Institutes Focus:
• Fruits including nuts,
• Vegetables including potato, tuber crops, Mushroom,
• Ornamental plants including cut flowers,
• Spices,
• Plantation crops and
• Medicinal and Aromatic plants
Focus:
• Land Resource Characterization, Management & Land Use Planning
• Soil Health, Nutrient & Water Management
• Management of Problematic Soils – Saline, Alkaline, Acidic and Waterlogged Soils
• Soil and Water Conservation-Watershed Management
• Crop Diversification
• Rainfed /Dryland Farming
• Agroforestry, Arid Land & Weed Management
• Development of Integrated Farming Systems
• Evaluation of Resource Conservation Technologies
14 National Institutes
NATURAL RESOURCE MANAGEMENT
Focus:
• Molecular signatures for indigenous resources
• Exploitation of genetic resistance
• Buffalo and goat genomics
• Stem cell research for animal health and production
• Nutrigenomics, Nutraceuticals, Functional foods
• Probiotics/ prebiotics
• Diagnostics and immuno prophylactics
• Recombinant DNA vaccines.
• Monitoring and surveillance for trans border diseases.
• Design of new generation and indigenous drugs.
• Value addition, shelf life enhancement and
• Quality assurance of livestock and poultry products
ANIMAL SCIENCE
18
23
7
3
All-India Coordinated Research Projects
Mega Seed Project (Poultry, Sheep and Pig) National Institutes
All-India Network Projects
Focus :
• Capture Fisheries (Marine & Inland)
• Aquaculture: (Freshwater, Brackish water, Mariculture &
Coldwater)
• Fish Genetics & Biotechnology
• Harvest & Post- harvest
• Fishery Engineering
• Fishery Education
8
3
National Institutes
All-India Network Projects
FISHERIES SCIENCE
AGRICULTURAL EDUCATION
71 +
5
2
4
Central Agricultural Universities
Central universities with Agricultural Faculty State Agriculture
Universities
Deemed to be University
Focus:• To plan, promote and coordinate agricultural education in the country.• To enhance the quality and relevance of higher agricultural education in the country.
• To strengthen the Agricultural University system for developing quality human resource in agriculture and allied sciences.
Focus :
• Assessment, refinement and demonstration of technology/products
• Training of farmers
• Single window delivery system for technology products, diagnostic services and information
• Development of gender-specific technologies
• Creating awareness of improved agricultural technologies among the farmers
Krishi Vigyan Kendra (KVK) is a front-line agricultural extension center of ICAR.
600 +
KVK 44
ATIC
A “single window” support system linking the various units of a research institution with intermediary users
and end users (farmers) in decision making and problem solving exercise.
AGRICULTURAL EXTENSION
3
All-India Network
Projects
All-India 6
Coordinated Research
Projects
National 6
Institutes
Consortium 5
research platforms
AGRICULTURAL ENGINEERING
ICAR-Central Institute of Agricultural Engineering, Bhopal
ICAR-Central Institute of Post- Harvest Engineering &
Technology, Ludhiana
ICAR-Central Institute for Research on Cotton Technology, Mumbai
ICAR-National Institute of Research on Jute and Allied Fiber Technology,
Kolkata
ICAR-Indian Agricultural Statistics Research Institute, New Delhi
ICAR-Indian Institute of Natural Resins and Guns, Ranchi
ICAR INSTITUTES - AGRICULTURAL ENGINEERING
1
2
3
• Farm Mechanization & Precision Farming, CIAE, Bhopal
• Energy in Agriculture CIAE, Bhopal
• Health Foods, CIPHET, Ludhiana
• Secondary Agriculture CIPHET, Ludhiana
• Natural Fibres, CIRCOT, Mumbai
• Harvesting, processing and value addition of NRGs, IINRG.
• Conservation of Lac Insect Genetic Resources, IINRG, Ranchi
• Agricultural Bioinformatics and Computational Biology, IASRI, New Delhi
All-India Coordinated Research Projects
Consortium research platforms
• AICRP on Farm Implements & Machine, CIAE, Bhopal
• AICRP on Ergonomics and Safety in Agriculture, CIAE.
• AICRP on Energy for Agriculture and Agro-based industries, CIAE, Bhopal
• AICRP on Increased Utilization of Animal Energy with enhanced system efficiency, CIAE, Bhopal
• AICRP on Post-Harvest Engineering & Technology, CIPHET
• AICRP on Plasticulture Engineering & Technology, CIPHET
All-India Network Projects
PROJECTS AND PLATFORMS
Robotics and Drones Energy
management and utilization
Processing and utilization of by-
products Post-harvest management
Utilization of surplus agricultural residues
Precision machinery
Functional/Nutraceuticals foods
Thrust
AREAS
Increasing work
efficiency
AGRINNOVATE INDIA LIMITED
Agrinnovate India Limited was incorporated under the Companies Act, 1956 (No.1 of 1956) on 19th October, 2011. It is a ‘For profit’ Company owned by Government of India, under the administrative control of DARE, Ministry of Agriculture.
Stimulate, foster, enhance and catalyze innovation and capacity driven agricultural development through partnerships
Enhancing pace of agricultural development through efficient use of innovations, human resource and capabilities of National Agricultural Research System (NARS)
1 To protect, manage, commercialize and Distribute Intellectual Property for Public Benefit.
To produce, market and popularize of ICAR’s products, processes and technologies in India and Abroad.
To provide consultancies, contract research, contract service, customized capacity building in India and Abroad.
To provide technical support for turnkey projects on production and processing plants
To create public-private partnerships in research, education and other capacity building endeavours.
2 3
4 5
AGIN -OBJECTIVES
Commercial refinement and up-scaling Technology
Validation Research &
development Concept
Definition Need
Assessment
IP development Prior Art Analysis
IP Surveillance
Product/technology clearance
IP Surveillance Infringement
Technology commerciali
zation
IP landscaping Technology Mapping IP enabled technology portfolio development
Creating IP environment and need based technology development Technology validation
Refinement and commercialization
TECHNOLOGY GENERATION & COMMERCIALIZATION CYCLE
International Projects
Bilateral Programs, Trainings & Tech Transfer
Technology Management & Transfer IP Protection, Technology transfer, Up scaling
Market research
Technical Feasibility, Market assessment, Strategic Business Plan,
STRATEGIC AREAS
Research Projects, Consultancy & PPP
Turnkey, Contract research, Research collborations
Seed and Planting Materials
Agro processing machinery/farm implements
Veterinary and Fish technology Value Added food products
Inputs & Know How
National Agriculture Research System
Indian Council of Agriculture Research
Central Agricultural Universities State Agricultural Universities
SECTORS OF OPERATIONS
DARE
ICAR INSTITUES
Research &
Development
Technology
generation IP Protection Technology
Transfer Commercialization
Roles and Functions
INNOVATION ECOSYSTEM
INDUSTRY ITMU/DABD
AGRINNOVATE
INNOVATORS
SAU CAU
R&D
Refers to creative work undertaken on a systematic basis in order to increase the stock of knowledge, including knowledge of man, culture and society, and the use of this stock of
knowledge to devise new applications.
Source: OECD
TECHNOLOGY TRANSFER
Is the process of sharing of skills, knowledge, technologies, methods of manufacturing, samples of manufacturing and facilities among the institutions to ensure that scientific and
technological developments are accessible to a wider range of users who can them further develop and exploit the technology into new products, processes, applications, materials or
services.
Source: Wikipedia
UNDERSTANDING THE GREAT DIVIDE
Commercial Entity Profit Driven – P&L
Research: short to Mid term Focus on Applied Research Defined Products or Services Core Business Focused
Knowledge creation and dissemination
Research: Mid to Long term
Focus on Basic Research
Non Commercial Entity
Not Profit Driven
AGREEMENTS
Every agreement is unique, reflecting the particular needs and expectations of parties
Agreement = Offer + Acceptance
CONTRACT
The Indian contract Act 1872, Section 2(h) defines the term contract as an agreement legally enforceable by law.
Contract = Agreement + Legal obligation (Enforceable by Law)
DISTINCTION BETWEEN AN AGREEMENT AND A CONTRACT
AGREEMENT
◦ Offer and its acceptance constitute an agreement
◦ An agreement may or may not create a legal obligation
◦ Every agreement need not necessarily be a contract
◦ Agreement is not concluded or binding contract
CONTRACT
◦ Agreement and its enforceability constitute a contract
◦ A contract necessarily creates a legal obligation
◦ All contracts are necessarily agreements.
◦ Contract is concluded and
binding on the concerned parties
LEGAL RULES AS TO OFFER
• Certain and unambiguous terms
• Intention to create legal relationship
• Different from an invitation to offer
• Proper communication
• No term of non-compliance of which amount to acceptance
• Communication of special terms
• Different from a mere declaration of an intention
AGREEMENTS IN R & D AND TECHNOLOGY TRANSFER
Types of Agreements Stages
Confident iality
Preliminary Agreements
• NDA
• CA
Initial negotiations
Collaboration
Contract research R & D
Material transfer Due diligence/exploitation Licensing Agreements
Sales
Joint venture
Exploitation
GENERAL CONSIDERATIONS
Preamble Definitions
Contracting parties Contract Number
Dispute Resolution Choice of law Jurisdiction Indemnity
Duration
Warranty / Liability Modification
Waiver
Severability clause Force Majeure
Survival of obligations Counter parts
Signatures
CONFIDENTIALITY
CONTENT
Definition of Confidential Information
Term of Confidentiality
Use of Confidential Information
Duration
Documents / Material
CONTRACT RESEARCH
CONTENT
Subject matter of research
Protection
Ownership
Access Rights
Exploitation
Publication
Timelines
Obligation of sponsor to cooperate
Payment
Subcontracts
COLLABORATIVE RESEARCH
Sharing of Technical/Finance
CONTENT
R&D obligations
Ownership
Access Rights
Exploitation
Protection
Publication
Financials
Timelines
Disputes settlement AIMS
Common Goal
Joint planning of R&D project
Self financing of work shares
Sharing of results
MATERIAL TRANSFER AGREEMENT
CONTENT
Material
Payment
User Right
Ownership
Access Rights
Exploitation
Protection
Publication
Confidentiality
WHAT TO TRANSFER
Sale
License
Joint Venture
LICENSE AGREEMENT
CONTENT
Grant of license
Type, Right & Territory
Payment
Type, Royalties, Due & Control
IP ownership
Improvements
Obligation of Parties