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SYMPOSIUM ON INTELLECTUAL PROPERTY RIGHTS : INDIA AND GLOBAL PERSPECTIVES IPR : ACADEMICS & INDUSTRY By PADMIN BUCH Chief Consultant GITCO LTD, Ahmedabad December 25, 2005.
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SYMPOSIUMONINTELLECTUAL PROPERTY RIGHTS : INDIA AND GLOBAL PERSPECTIVESIPR : ACADEMICS & INDUSTRYByPADMIN BUCHChief ConsultantGITCO LTD, AhmedabadDecember 25, 2005
“There are 540 million youths below 25 years in India. The Nation needs young leaders who can make it a Knowledge Society. National Institutions have a vital role to prepare creative leaders” Dr. Abdul Kalam President of India January 2005, Ahmedabad
GITCO • A Premier Consultancy Organisation • Promoted by National and State level Financial Institutions and Corporations • Offers Wide-spectrum of Project and Management Consultancy Services • Client-mix includes Private and Public Sector Organisations and Companies - all India level • Patent Cell a part of its services
GITCO PATENT ASSISTANCE CELL • Patent Awareness • Patent Counseling • Library/Database Access • Patent Drafting • Patent Filing and such other services • Supported by Industries Commissioner’s Office, Government of Gujarat
Cash Subsidy By State Government • 50% (Maximum Rs. 5 Lakhs) against the expenses incurred by any organization, Institute, Individual or Industrial unit for obtaining patent registration. • This assistance will be given only once per product/process per institution/individual. • A pioneering initiative
GITCO PAC :The Experience • Twenty Patents filed so far • A few more are in pipeline • Inventions include: • New Drug Delivery Systems (NDDS) • Herbal Products • Engineering Products • Surgical dressings • Private companies, Academic Institutes and Individuals are the clients. • Several Seminars & Awareness Programmes
TRIPS - THE LIKELY IMPACT • Main changes : Product Patent and 20 years’ duration • Reverse engineering : Main source of technology for Indian Companies • Not possible from 2005 onwards • Introduction of new products curtailed • Increased competition in the off-patent products • Transfer of technology, Technology upgradation and upscaling required
Impact……..Contd….. • Era of protected market over • IPR would eliminate “unfair advantage” • Survival of the “Fittest” (in production, marketing, technology) • Manufacturing may migrate to low cost but quality sources • Indian SMEs are in a race & the race is on • The necessity is to be competitive
India : Contract Manufacturing Site • Global Pharma Industry will be driven by R&D as well as Innovation • India has the Potential to emerge as a major R&D and Contract Manufacturing hub • Four ingredients for Outsourcing: • Culture of Entrepreneurship and Innovations • Skilled and trained manpower • Government support and Encouragement • IPR Protection
It is going to be the Knowledge Economy • It is the Academic Institutions, where: • Culture and Entrepreneurship as well as Innovation will be imparted • Skilled and Trained Manpower would be created • Is it happening ? Can it happen ? • What would be the role of Industry and Government ?
The China Case • China’s Economic Growth has been rapid • Partly due to entry in WTO in 2001 • However, it had poor record of IPR • Implementation of TRIPS, thus, was a condition by WTO
China Case • Now, however, • Increased research funding at Chinese Academic Institutions • Research output focuses on Patents rather than number of Articles published in International Journals
China Case • Sharp increase in Patent Activity by China Academic Institutions attributed to : • Complying to TRIPS agreement • Large increase in research expenditure due to growth of economy • Overhauling of IPC Policy and legislation • Increased Emphasis on the commercialization of Research at Academic Institutions
India : The Factors Responsible • General consensus that Protection of IP is kept at low profile • This is compared to not only Developed countries but also some developing countries • Lack of awareness of Patents’: • Role in protecting an invention • Importance • Economic Value • At all levels
INDIA – The Factors Further, • Scant Resources • Cumbersome and time consuming Procedure (So far) • Poor access to information and data • So far, almost non-existent Patent Culture • No Patent-related subject in curriculum in basic sciences, engineering, other applied science • Young graduates with minimum knowledge of IPR • Insufficient patent drafting knowledge
IPR : Indian AcademiaThe Things are set to change • India has adopted the IPR/TRIPS • Required changes in Policy being done • IPR Protection – really would happen • IPR-related subjects being introduced • Awareness increasing: • Government Programmes/Drives • Self-driven initiatives • Resources ? The Real Issue
The Public Private Partnership (PPP) • CSIR has designed a unique “PPP” system • It is called New Millenium Technology Leadership Initiative (NMTLI) • Involves : 65 Sector companies : 160 institutions and universities • Presently emphasis on Drugs & Pharma R&D Partnership.
Generation of Intellectual Property • Before IP protection, must generate IP • Institutions have to play a great role here • Balanced system of recognition and rewards • Structured in-house and external training programs • Combination of scientific, legal and commercial aspects
Skills Required • Skills in filing, reading, exploiting patents • Interpreting and analyzing techno-legal of business information • Monitoring national and international database • Finding out weakness in competitors Patents • Drafting a fool-proof patent • Finding niche opportunities
The Need • Manpower planning for IPR protection a priority • IPR must be made a compulsory subject in law schools • Engineering and technology courses should have required orientation • A number of Patent Training institutions required to be set up • China already has set up 5000 such institutes • Information Centres: Creation, Collection, dissemination
GITCO • GITCO has taken the initiative • Successfully convinced Academic institutes to go for patents • LM College of Pharmacy : Filed 7 Patents so far • In touch with other institutes • May set up Patent Tracking Facility Centre
Saraswati to Lakshmi • California University has helped creation of bio-tech enterprises around its campus • Created billions of dollars of market capitalization • Provided jobs for 80% of its graduates • But science/research has not suffered in University • They boast of 45 Nobel Prize Winners too • Managed to find route from Saraswati to Lakshmi • Keeping each’s role intact at the same time
Let’s Do It • Let’s do it here also • Build a strong IP culture • Academic Institute and Research Institute are the key • They need all the support • It has to be strategic, business like • After all IPR is a war-game : of mind.
Thank You …. Padmin Buch