pganguli©2010 Dr. Prabuddha Ganguli CEO “VISION-IPR” , Sun View Heights, Plot 262, Sher-e-Punjab, Andheri East, Mumbai , India Tel: ; Fax: Mobile: Global Research Dynamics….Impact of Intellectual Property Rights ASET COLLOQUIUM TIFR, Mumbai

pganguli©2010 com1 Research institution com3 University Enterprise Networking Government

pganguli©2010

The Goal: “expansion, inclusion and excellence” for a “dynamic synergy” in Science and Society Universities & Research Institutions are the well springs of knowledge with Industries acting as key channels of knowledge irrigation for societal use

pganguli©2010 Shifting IPR Paradigms System that originated as Private Rights (Industrial Property). Legal Framework for inanimate but tangible creations of the human mind Extension of the system to protection of inanimate but seemingly intangible creations Further extension to tangible animate objects such as life forms Now the same framework is being extended for protection of tangible and intangible creations of communities over generations…. including modes for benefit sharing arrangements.

pganguli©2010 Shifting IPR Paradigms Next Steps…… National ownership of biodiversity; private ownership and rights of flora and fauna; collection of bio materials for research work; issues of prior informed consent; issues of disclosure of the origin of biological materials in patent specifications, issues of benefit sharing arrangements between patent applicants/owners for inventions based on traditional knowledge and materials form “private” and or “public sources”

pganguli©2010 Mind goes to Market idea stage..Technology development Freezing of options Position in the protected Technology grid Idea Feasibility Ideas demonstrable Ideas Actionable Idea into product/process Marketable Products/Processes Alignment with market time Realisable Value to Potential Value of IP Market acceptability Competitive sustenance IPR Management Product Lifecycle Value addition to Business & Market Hi to Low Risk

pganguli©2010 Much innovation is highly reliant on science…. Taken from presentation by Iain Gillespie of OECD at Biovision 2010 Alexandria March

pganguli©2010 Co-operation in science is increasing co-authored S&T articles (whole count), 1997 and Taken from presentation by Iain Gillespie of OECD at Biovision 2010 Alexandria March

pganguli©2010 Multi-faceted and Interdisciplinary nature of GT Taken from presentation by Iain Gillespie of OECD at Biovision 2010 Alexandria March

pganguli©2010 Technological and non-technological innovation unevenly distributed Patents and trademarks per capita, Average number per million population, OECD and G20 countries Taken from presentation by Iain Gillespie of OECD at Biovision 2010 Alexandria March

pganguli©2010 DEVELOPMENT IDENTIFICATION of NEED DIFFUSION DISCOVERY Decisions COMMERCIALISATION DELIVERY Match innovation and market needs Enabling environment? Policy Environment Energy Health Etc. Market Demands Tools Flexibility Regulatory Legislative Policy Incentives? Research Policy and Behaviour Network collaborations Industry Policy Structure practice Taken from presentation by Iain Gillespie of OECD at Biovision 2010 Alexandria March

pganguli©2010 The financing of R&D has also changed over time … Business financing of R&D has taken on greater importance as innovation has become more important for firm performance – high-tech industries have grown in particular. Government’s share has declined and other national sources (notably non-profit institutions) have become more important sources of R&D financing. Financing of R&D, Taken from presentation by Iain Gillespie of OECD at Biovision 2010 Alexandria March

pganguli©2010 Observation Thought and Analysis Vision IPRinternalise …. A sustainable process Perception Synthesis Solution Learning

pganguli©2010 Innovation Business &Societal benefit Novelty Patent Search Acquisition of information Evaluate information Synthesize and analyze information Application of information to interact with an idea or experience To serve business needs, develop human resource, skill, and enhance knowledge Inventive Step Useful Patent Specification: A rich source of Technical Information About 70% of Knowledge In Patent Databases Technical Advance Practical Solution to the Technical Problem “IPRinternalise”…. Patent as a Vehicle

pganguli©2010 “Directed” Basic BasicResearchPre-Competitive Applied AppliedResearch AppliedResearchAndProductDevelopment BasicResearch Type: Participation: Universities, Universities, National National Laboratories Laboratories Universities, National Laboratories and Laboratories andIndustry Industry SocietalInterest IndustryInterestOptions Industry- Consortium Mode(e.g.CAR) Courtesy: Dr. R. Chidambaram, Principal Scientific Adviser to Government of India

pganguli©2010 CONCEPTS INNOVATION PROCESS OUTPUT MARKET l Business Opportunities l Technology Options ( mapping exercise ) l Strategic Options l Working through the l IP grid l Patents & other IPR Filings/Registrations l Strategy for Foreign Filings l Licensing Options l Joint Developments Record Maintenance & Updating IPR Information Managing Intellectual Property

pganguli©2010 Managing IPR … Innovation Phase l Working through the IP grid l Decisions on Patents & other IPR Filings/Registrations l Strategy for Foreign Filings l Litigation Strategy (clearing IPR mine fields) l Licensing Options l Joint Developments

pganguli©2010 CONCEPTS INNOVATION PROCESS OUTPUT MARKET l Business Opportunities l Technology Options ( mapping exercise ) l Strategic Options l Working through the l IP grid l Patents & other IPR Filings/Registrations l Strategy for Foreign Filings l Licensing Options l Joint Developments l Fit in IPR Portfolio l Marketing tieups Record Maintenance & Updating IPR Information Managing Intellectual Property

pganguli©2010 Knowledge Tools Market oriented product /service Market Translational Research: is the research that addresses these gaps GAPGAP GAPGAP GAPGAP Translational Research (TR): an integrator Bridging the Gaps determine success or failure of commercialisation of innovations

pganguli©2010 Managing IPR … Output Phase l Fit in IPR Portfolio l Marketing tie-ups Evaluate Licensing Options ( e.g. venture capatial, business incubators, etc.)

pganguli©2010 CONCEPTS INNOVATION PROCESS OUTPUT MARKET l Business Opportunities l Technology Options ( mapping exercise ) l Strategic Options l Working through the l IP grid l Patents & other IPR Filings/Registrations l Strategy for Foreign Filings l Licensing Options l Joint Developments l Fit in IPR Portfolio l Marketing tieups l Product Lifecycle l Managing IPR Portfolio l Monitoring IPR l Policing IPR l Enforcing IPR Record Maintenance & Updating IPR Information Managing Intellectual Property

pganguli©2010 Managing IPR … Market Phase l Product Life-cycle l Managing IPR Portfolio l Monitoring IPR l Policing IPR l Enforcing IPR

pganguli©2010 Develop IPR based Research Strategy Strategic Plan for IPR Defensive ????? Offensive ????

pganguli©2010 CONCEPTS INNOVATION PROCESS OUTPUT MARKET l Business Opportunities l Technology Options ( mapping exercise ) l Strategic Options l IPR Study l Patents\ other IPR Filings/Registrations l Strategy for Foreign Filings l Licensing Options l Joint Developments l Fit in IPR Portfolio l Marketing tieups l Product Lifecycle l Managing IPR Portfolio l Monitoring IPR l Policing IPR l Enforcing IPR Record Maintenance & Updating IPR Information Managing Intellectual Property

pganguli©2010 ………….Limited access to international knowledge base in specific fields ……. ………... Most research though government funded are being done in a fragmented manner and not leading to quality publications ……..lack of information resources and literature search skills leading to “reinventing the wheel” ……….. …………inadequate utilisation of local traditional knowledge and building on the same ……improper selection of research topics thereby propagating “me-too” areas.

pganguli©2010 ………….Students and researchers aim to publish in high impact peer reviewed journals where publications costs are high and unaffordable …. ………... Growth in career based on quality publications in recognised peer reviewed journals ………. Industry support in R&D come with their own restrictions on publications and lack of implementable institutional policies and national policies become bottlenecks ……….. IP applications for industry sponsored research prior to publications

pganguli©2010 …... Several Science and Technologies getting orphaned due to non availability of funds to progress …….inadequate infrastructure, management skills, negotiation acumen, inadequate venture capital culture ………..s prouting of IPR trolls in developing countries to exploit the existing vacuum created by lack of Central, Competent Knowledge and IPR Management in Universities and institutions ….lack of skills and maturity in the process of forging partnerships