Details of a Conference that the IP Chair at NUJS (along with IPTLS and Share) is organising on the 12th of September at the NUJS Auditorium, Salt Lake Kolkata. Registration is free. However, if you wish to attend, please email Prakruthi Gowda ([email protected]) indicating your name, designation etc.
Publicly Funded Patents and Technology Transfer: A Review of the Indian “Bayh Dole” Bill
In January 2009, the government introduced the Protection and Utilisation of Public Funded Intellectual Property Bill, 2008 in the Rajya Sabha. The bill is currently undergoing scrutiny by a Parliamentary select committee, after which it will be placed before the two houses of Parliament. The Indian bill is based to some degree on the US Bayh-Dole Act, which according to The Economist unlocked “all the inventions and discoveries that had been made in laboratories throughout the US with the help of taxpayers’ money” and one that helped “reverse America’s precipitous slide into industrial irrelevance.”
This conference will aim to generate more awareness around the Bill and what is stands for. For one, the Bill is not an instrument that enables university patenting for the first time. Rather, under the present legal regime (most notably the patents act), all institutes and researchers working with such institutes are free to patent the results of their research, irrespective of whether or not such research comes out public funding (unless there is a contractual bar by the funding agency). Such protection of publicly funded research through patents and subsequent use is not specifically regulated and scientists and institutes can use their patents in whatever way they wish (subject to safeguards under current Indian patent law and other laws such as competition law). Therefore, the Bill presents a great opportunity to regulate publicly funded research and patenting activities associated with this for the first time.
The conference will examine the framework of the current Indian bill, with a view to helping improve it. In particular, the conference will try and examine the current structure of university research and technology licensing in India and see if the Bill can be tailored better to help promote the permeation of more university research to society in the form of useful products/services and/or knowledge transfer. The conference will also examine whether, and to what extent, concerns of public interest can be addressed in the present bill. Illustratively, it will seek ways in which the Bill can promote more non-exclusive licensing, which in turns is likely to enable a wider utilisation of publicly funded research. It will also examine whether, and to what extent, the current Bill can be improved to promote more transparency in publicly funded research (and the results thereto) by creating a list of public funds, the recipients, the usage of such funds and the dissemination of such research through technology and knowledge transfer to the public.
Lastly, the conference will aim to iron out some of the creases in the current wordings of the Bill, creases that are likely to lead to litigious waste.
DRAFT PROGRAM
1. Welcome Introduction: Prof (Dr) MP Singh, Vice Chancellor, NUJS (9.00 am)
2. Keynote Address: Dr MK Bhan, Secretary, Department of Biotechnology, Govt of India (9.15 am and 9.40 am)
3. Overview of the Issues: Prof Shamnad Basheer, Ministry of HRD Chair, NUJS (9.45 am to 10.10 am)
Session 1: Bayh Dole and the International Experience
1. A Review of the US Bayh Dole and Lessons for India: Professor Josh Sarnoff, Amercian University (10.10 to 10.30 am)
2. Global “Bayh Dole” Type Models and Lessons for India: Susan Finston, Founder, BayhDole 25 (10.40 to 11.00 am)
Coffee Break: 11.10 to 11.30 am
Session 2: Patents and Technology Transfer in India
1. “Drivers of academic research in India and the role of IPR: Some Econometric Evidence” Amit Shovon Ray, Professor of Economics, Centre for International Trade and Development, JNU Amit Shovon Ray, Professor of Trade, JNU, Delhi (11.30 to 11.50 am)
2. Patenting and Technology Transfer: The CSIR Experience: Zakir Thomas (12.00 am to 12.20 am)
3. Patenting and Technology Transfer: The IIT Kharagpur Experience: Dr Vivekanandan, Dean, Rajiv Gandhi School of law, IIT Kharagpur (12.30 pm to 12.50 pm)
Lunch: 1.00 am to 2.00 pm
Session 3: The Triple Helix Model and Technology Transfer: Evolving a Framework for Developing Countries
The Triple Helix Model: An Assesment: Shaswat Purohit, Franklin Pearce Law Center (2.00 pm to 2.20 pm)
The Technology Transfer Eco System: Ground Realities: Parthiban Srinivasan, Founder, Patent Eagle (2.20 to 2.50 pm)
Coffee Break: 3.00 to 3.20 pm
Session 4: Specific Issues with the Indian Publicly Funded IP Legislation
1. Implications of extending the Bayh Dole concept to copyrights and trademarks: Dr NS Gopalakrishnan (3.30 pm to 3.50 pm)
2. Roundtable Discussion on specific aspects of the Indian Bill : Chaired by Shamnad Basheer: 4.00 to 5.30 pm
Moderators: Mr PH Kurian, Controller General of Patents
Ameet Datta, Partner, Luthra and Luthra
CH Unnikrishnan, IP Journalist, Mint
Venue: NUJS, Salt Lake, Sector III, Kolkata
Date: 12th September, 2009
Registration is free. However, if you wish to attend, please email Prakruthi Gowda ([email protected]) indicating your name, designation etc.
Our Sincere Gratitude:
We thank the following for their generous contributions, as a result of which we’ve been able to put this conference together:
1. Patent Eagle, a leading patent analytics firm
2. Luthra and Luthra, a leading full service law firm
3. Sai Krishna Associates, a leading IP litigation firm
4. Lex Orbis, a leading patent firm
