These, and other issues, have been brought to light in an fascinating case study on the Intellectual Property Management Regime in the Indian National Agricultural Research Systems, authored by Dr Kalpana Sastry of the National Academy of Agricultural Research Management (NAARM). This study forms part of a compilation of four such cases on the Institutionalisation of IP Management in Agricultural Research Institutions in Developing Countries brought out by the Central Advisory Service on Intellectual Property (CAS-IP). (Dr Sastry, some of you may recall, is also the Course Director of the PG Diploma on IP and Technology Management in Agriculture, which was profiled some time ago on the blog.)
The paper (which you can read/download here) looks at four countries (India, Tanzania, Nigeria and Kenya), but for this post, I draw your attention to the issues raised in the India study, the stated purpose of which is to “understand and explore modalities to improve the effectiveness of the IP management and technology transfer guidelines in agriculture based public sector institutions in India”.
The study itself focuses on the Indian Council of Agricultural Research (ICAR) system, for reasons of its being the nodal agency for agri-research in India. Since 2006, ICAR has been operating with a three-tier decentralised IP management structure, which is applicable to all the organisations that form part of the National Agricultural Research System (NARS) (see image). Through a micro-study of two institutes within this structure, the study brings out characteristics, challenges and opportunities that are present for successfully managing a potentially rich portfolio.
Two key IP management practices in ICAR emerge:
- Plant variety registration and protection has been prioritised for extant varieties of notified crops (subject to meeting conditions of notification) under the Protection of Plant Varieties and Farmers’ Rights Act.
- ICAR guidelines also encourage institutes to deposit samples/resoures at the National Bureaus for Genetic resources, including Plants, Animals, Fish and Microorganisms, primarily for reasons of public interest.
Clearly, the research system is still coming to terms with utilising mainstream IPRs. This is something that will dominate discussion in the months to come with resumed activity on the Protection and Utilisation of Public Funded IP Bill, and tangible results have a while to present themselves.
Of more interest is the issues that need attention and intervention, identified through detailed questionnaires set for the institutions under scrutiny. This list is culled from the case study itself, and some of these are generic and/or well-established, but readers are welcome to highlight other distinctive issues in agri-IP-management that may be of relevance here:
- Lack of awareness, knowledge and training among scientists. One responding institute said that only *two* scientists had ever attended awareness programmes at ICAR!
- Speedier processes for registering extant varieties, considering that this is a policy priority for ICAR.
- Streamlining systems to test for Distinctiveness, Uniformity and Stability (DUS) for registering plant varieties, and subsequent filing procedures. At present, responsibility/accountability issues have led to duplicate filings, which eat up time and other resources.
- Building, and learning how to build, stronger IP portfolios.
- Exhaustively inventorise, audit and value IP, which is made available through a transparent information system.
- Assessing freedom to operate.
- Systematise agreements with external collaborators and sponsoring agencies.
There remains some cloud over fundamental questions surrounding IP protection – of how the public sector as a major holder of IP in agriculture would affect access to resources, and other key public interest matters. Again, this demonstrates the problem of lack of engagement and discussion with scientists and participants in the system, something that has been highlighted time and again by those tracking scientific research in India.
Although there is the immense caveat that this case study comes from within the ICAR system itself, it does serve as an insight into the workings of this giant elephant that is Indian agricultural research, which could come from nowhere else but from within. More than anything else, it offers an opportunity for policymakers in ICAR to “listen” to its own people, and initiate immediate reforms in its internal IP management to minimise subsequent criticism from the outside.
It is time we strengthen this aspect of intellectual property in India – after all the country is routinely described as an “agriculture-based country”. We need not be afraid of the “new” elements added to our IPR system. We need to positively look at the ‘open’ precedents from similar countries such as New Zealand, UK, US who have successfully (i) generated a respectable level of awareness amongst its masses, (ii) implemented a functional system for plant variety protection, and (iii) developed trust amongst the users of the system (v) benefitted everyone involved.
India has become the world’s largest producer across a range of commodities due to its favourable agro-climatic conditions and rich natural resource base.
India is the largest producer of coconuts, mangoes, bananas, milk and dairy products, cashew nuts, pulses, ginger, turmeric and black pepper. It is also the second largest producer of rice, wheat, sugar, cotton, fruits and vegetables.
According to a monthly review by the Centre for Monitoring Indian Economy (CMIE), agricultural production is likely to increase significantly and has projected a growth of 3.2 per cent during fiscal year 2009, for the GDP of agriculture and allied sectors. The allied sectors comprising livestock, forestry and logging, and fishing are likely to see a growth of 4.8 per cent during fiscal year 2009.
Why IP research is too distinct with Research Methodology Approach
Research in common refers to a search for knowledge. Once can also define research as a scientific and systematic search for pertinent information on a specific topic. The Advanced Learner’s Dictionary of Current English lays down the meaning of research as “a careful investigation or inquiry especially through search for new facts in any branch of knowledge.” It is actually a journey of discovery. Research methodology is a way to systematically solve the research problem. It may be understood as a science of studying how research is done scientifically. In it we study the various steps that are generally adopted by a researcher in studying his research problem along with the logic behind them. It is necessary for the researcher to know not only the research methods/techniques but also the methodology.
Research methodology, is the essence of summating scientific relationship between the phenomenon and the truth that the literature contributes (). The RM also provides guidance to the researcher to enhance his confidence in approach towards the problem solving with the specified objectives (). Social science research including management takes the research methodology to fix the problem and develops the theory with the empirical evidences likewise the intellectual property rights also can fix with the problems with the empirical evidences. In recent years some economic aspects of intellectual property have been discussed with their methodology and it is encourage able approach because it provides a different look to IP problem solving. Moreover the static minds of IP researchers as law stream have to discuss only with the conceptual analysis not with the research methodology of social science have to rethink.
Research methodology makes the IP more supportive to policy research because the truth and feeling is the research gap and it is quantifying with the methodology. Policy research should admit the fact that the feeling of the researcher and the truth may different. The present pre conceived notion towards ip research as conceptual research i.e, feeling of the researcher, has to change with the systematic problem solving way I.e., Research Methodology. The methodological approach in research shows the truth and it is explored with the methodology. The conceptual papers have relevance but they are working as researcher point but if the same issue deals with the support of research methodology can develop the theory and the implication for practical situation. It also opens the scope of new theories to the IPR studies and related areas. The conceptual research is relevant and it supports the Metaphorical analysis and constructs development for the research methodology part.