Department of Biotechnology released DBT INTELLECTUAL PROPERTY GUIDELINES 2023.
The policy guidelines tried to answer the long-debated issue- Exclusive licensing of technology vs. non-exclusive? While recognizing the merits of exclusive licensing, an attempt is made to link it TRL level.
5.2. Exclusive licensing
5.2.a. For research leads in lower TRLs, exclusive licensing may be considered.
5.2.b. Public interest should be protected with clauses on the availability of the final product in Indian markets at affordable rates, especially for products with the potential for mass deployment.
5.2.c. Timelines on commercialization should be clearly defined in a licensing agreement.
5.2.d. Preference to Biotech SMEs and Manufacturing in India.
5.2.e. Preferred purchase arrangements for start-ups for products developed under government-funded programs.
5.2.f. A standard licensing agreement framework may be developed by the public institution that would ensure a share of the revenue earned by the licensee to be given to the partnering public institutions for a limited timeframe.
5.2.g. The license shall be subject to the irrevocable, royalty-free right of the Government of India to practice or to require the licensee to grant sublicenses to responsible applicants, on reasonable terms, when necessary to fulfill the health safety or security needs of the country.
