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Saturday, December 18, 2010

Penalty under the proposed IPR bill

The much discussed IPR Bill  says : The researcher taking govt grant has to apply for patent protection and bear all expenses for its protection and enforcement (section 7) . If the researcher fails to do , then govt will recover grant released with 10% interest (section 20). Will any researcher retain title of IP with these conditions?

2 comments:

Terry Young said...

Terry Young •
I am editor of the web publication BFW News. I am also President Emeritus of the Association of University Technology Managers (AUTM); as President, my primary function was to extend and promote the Bayh-Dole Act, upon which the proposed Indian Law is now based.

I have traveled the world extensively and as a result, have changed my position."One glove size (Bayh-Dole) does not fit all nations," and in fact, I believe now the United States (and Japan perhasps) me may be the only countries that could justify adoption of Act, for many conditions that were present in 1980 when the Act was passed. Even today, there is much controversy in the US regarding the Act, with officials now calling for its repeal or amendment because of its lack of success (Such as US Secretary of Commerce Gay Locke)

I wrote and published a paper in April 2010 entitled "The Indian Bayh-Dole Act Moves Closer to Adoption" in which I highlight features that might prevent the act to succeed in India. It is at: http://www.beyondthefirstworld.com/?page_id=15677

Dr. Amol Nalawade of India wrote a paper for publication in BFW News entitled, "The Proposed Indian Technology Transfer Act From The Prospective Of Technology Transfer Managers." In this article, he cites the many reasons the Act does not fit the Indian Situation as seen from the perspective of those who will be asked to implement the law. The punishment of professors is just one of many problems with the proposed act that he discusses. Dr. Nalawade's paper may be found at:
http://www.beyondthefirstworld.com/?page_id=2027

There are other ways to manage university-industry relations, as well as patents which may arise from research. The most popular paper on the BFW News Website entitled, "Best Practices In Innovation Management: Deep Industry – University – Government Engagement For The Benefit Of The Society" is an alternative to Bayh-Dole which has been very successful in Finland. This extensive article was written by Dr. Janne Virtapohja, formerly the highest ranking technology transfer manager as an advisor to the Finnish Government. He is now at King Abdullah Science & Technology University (KAUST) in Saudi Arabia, country looking at the Finnish model. The paper may be found at:
http://www.beyondthefirstworld.com/?page_id=1385

There are other ways to accomplish technology transfer, especially in developing and emerging nations. I am currently drafting a paper on international tech transfer models, and their success, for publication.
Thank you,
Terry Young

Dr.A.S.Rao said...

Thank U Terry for the comprehensive note.