National Knowledge Commission
English
हिन्दी বাংলা অসমীয়া অসমীয়া ಕನ್ನಡ
ارد و தமிழ் नेपाली মণিপুরী ଓଡ଼ିଆ ગુજરાતી

> RECOMMENDATIONS - LEGAL FRAMEWORK FOR PUBLIC FUNDED RESEARCH PAGE-2
  Legal Framework for Public Funded Research
  Issues that need special attention in drafting the proposed legislation are:
  • Calculating exact ratios in which revenues will be divided and the percentage made available to various stakeholders including the actual inventor
  • Understanding national security implications where they arise and carving out exceptions in such situations
  • Identifying specific guidelines, rules and existing provisions of laws that need to be overridden to bring a uniform legislation in place for inventions arising out of government funded research
  • Establishing the precise nature of various licensing arrangements as well as conditions governing the grant of exclusive licenses where applicable
  • Clarifying situations requiring the invocation of ‘march in rights’ for government intervention and clarification of exceptional situations to the general right of ownership
  • Determining whether plant varieties come under the scope of ‘inventions’ in light of India’s own patent and plant varieties, legislation and analyzing the relationships between the proposed act and India’s own patent and plant varieties acts
There are precedents for such legislation such as the American enactment entitled the Patent and Trademark Law Amendments Act, enacted in 1980 and commonly known as the Bayh-Dole Act. It is perhaps significant to note that in the United States, before the Bayh-Dole Act was enacted, the country’s federal agencies owned about 28,000 patents, out of which only 5% were licensed to industry to develop commercial products. Subsequent to the enactment of the said act, there has been a massive rise in the number of patents filed by and granted to universities, the number of universities involved in patenting and licensing of inventions and in the number of new companies that have been set up on the basis of new inventions licensed by universities. There have also been innovative breakthroughs in the form of inventions, technologies and processes, arising from university research. Economic activity of a scale running into billions of dollars has been generated, further creating new jobs in the economy.

In our view, introduction of legislation generally along the lines of the Bayh-Dole Act, while keeping in mind India’s specific interests, is necessary to help scientific research develop far reaching innovations, generate employment and function as a vehicle of significant economic growth. We are aware that the process of drafting such legislation is already underway. We urge that this be done expeditiously and look forward to being consulted in the process.

Thank you and warm personal regards,

Sam Pitroda,
Chairman,
The National Knowledge Commission

Copy to: Dr. Montek Singh Ahluwalia, Deputy Chairman, Planning Commission,
Mr. Kapil Sibal, Minister for Science and Technology
 

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