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The Union Ministry of Science and Technology is forcing through a controversial act which seeks to regulate rights over government-funded research. Many feel that Public Funded R&D (Protection, Utilization and Regulation of Intellectual Property) Bill, 2007, will benefit the private sector more than the public.
The ministry feels the benefits of government-funded research are not reaching the public since scientists are not able to translate their work into products. While the bill puts the onus on researchers to commercialize their work, it ignores crucial reasons behind the works lying unutilized.
Most of the research taking place in government-funded institutions are irrelevant to industry and the public. For example, out of the 400 research works recently patented at the Delhi's Council of Scientific and Industrial Research, only 34 reached the public."Government research bodies do not understand what the public and the industry need," says Rajeswari Raina, senior fellow at the Centre for Policy Research in Delhi.
Moreover, industry does not have confidence in the research and the country lacks venture capital for product development.
The bill transfers patent rights to the researcher from the government. Currently, while researchers in some autonomous institutions such as iit and iisc can commercialize their research, the patent rights are largely held by the government. If a dispute on the ownership of the patent arises, there is no law to protect the rights of the researchers. The bill, however, says researchers have to make attempts to commercialize the research in 90 days after formally disclosing the findings. If they fail, the rights will go to the government.
| Modelled on the controversial Bayh-Dole Act in the US, the bill ignores grassroots innovations |
| The ministry says the bill will reach for a public debate only after the parliament approves it |
| Wrong notes |
| Certain provisions in the bill contradicts the patent act |
Page 9, Para 2 The legislation encourages innovation in small and medium enterprises An afterthought. Nowhere else in the draft SMEs are mentioned Page 9 This legislation will enhance awareness about IP issues especially in Universities and Research institution Focus on universities and govt-aided research; innovations happening outside ignored Page 13 Once a research has been disclosed...the researcher has the right to make a written application within 90 days of disclosure, to retain title to the intellectual property mentioning the countries in which the researcher intends to make applications to protect it Patenting is very costly. Cash-trapped SMEs cannot file bulk applications aiming at all the possible markets for the products. Only big companies can do this in 90 days Page 12 'Utilisation' in the Bill means to manufacture in the case of a composition or product, to practice in the case of a process or method, or to operate in the case of machine or system, or commercialisation, or in any other manner so as to ensure that the IP is utilised and that it's benefits are to the extent permitted by law or Government regulations available to the public on reasonable terms and conditions. Vague. No proper definition for 'benefits' and the 'government regulation. The draft does also not specify the law under which these are 'permitted ' |