Tag Archives: Bayh Dole

Innovation Patent

The New IPR Policy: A Painful Paradox!


Swaraj recently announced the piloting of a new Indian IPR policy, found here on the DIPP website. In this Hindu editorial, I take issue with a fundamental flaw permeating this policy, namely the assumption that IP is an end in itself and we must notch up more IP registrations for the mere sake of it. Given this fundamental flaw, the policy makes a number of empirically unsound assertions, such as a near compulsion for publicly funded scientists to register all their…


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Others Patent

Opening up Indian Law Making?


In a recent op-ed in the Mint, I lament the lack of public consultation in Indian law and policy making. I argue that its high time we moved from representative to deliberative democracy. I note the existence of a cabinet resolution calling for public consultation but note that it is weakly worded and that we need a stronger legal entitlement to the same. I extract some portions below. And welcome thoughts and suggestions. You can access the full piece here. Judging a…


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Innovation

Waking a Sleeping Giant: Financing University Research


We bring you a thought provoking guest post on the complex issue of financing University research from Dr Roya Ghafele, an Oxford academic. This issue did crop up, albeit incidentally, during our discussions on the controversial Indian “Bayh Dole” bill, a bill that appears to have turned a bit reclusive of late. Before we plunge into Roya’s novel “third way” approach towards research financing, let me try and capture her illustrious career graph in a few paragraphs. Roya holds a…


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Copyright

Shortened Parliament Session and IP Bills


ET carried a short edit today on the impact that a shortened budget session of Parliament might have on pending bills. Apparently, given state elections in the coming months, the government (as also other political parties) are keen on winding up the budget session by the end of March (as opposed to continuing till the start of May). The edit takes a very critical view of this proposed “shortening” move and notes: “In its hurry, the government is willing to…


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Patent

CSIR Tempers Patent Aggression


This piece is slightly dated, but an interesting one nonetheless. Soma Das of the FE highlights CSIR’s changing patent culture from that of an aggressive patent filer to a more temperate and selective one. However, the numbers don’t really add up and there are some inconsistencies. While CSIR claims to have adopted such a temperate stance since 2007, its foreign filings went up in 2009, relative to its filings in 2008. The numbers for total foreign filings in each of…


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Strengthening the Indian Bayh Dole bill: A provision for recovery in case of fraud?


Shamnad had recently discussed the presentation of the report of the standing committee to both houses of the Parliament on the Indian version of the Bayh Dole Act.  Recent case law in the U.S. suggests that the clause 20 of “The protection and utilization of public funded intellectual property bill, 2008”, hereafter “The bill,” may need “more teeth” for effective implementation.  The teeth may either come in the form of a direct clause or in the rules.  The case of interest here is St….


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Indian Bayh Dole and Transparency in Public Research


CH Unni of the Mint has a succinct report of the Parliamentary Committee Report that we blogged on yesterday. In particular, he stresses on the “transparency” norms that the Committee has asked the government to follow while revamping the Bill. He also has Mr Subbirami Reddy, the Chairman of the Standing Committee on record stating that a record 75 amendments were proposed to the original text of the Bill. If these are effectuated, we’ll certainly have a more evolved version…


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Indian "Bayh Dole" and a Painful End to the Pursuit of Pleasure


The Parliamentary “Standing” Committee wound up its various “sittings’ on the much maligned Indian “Bayh Dole” Bill and the report is finally out! The report was recently “laid” on the floor of both Houses of the Indian Parliament, namely the Lok Sabha and the Rajya Sabha. It is now upto the government to either accept this report and frame a new bill or to reject it or even to accept/reject in part. Given that the government was closely co-opted into…


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Patent Plant Variety Protection

Indian "Bayh Dole" Amendments: A Historic Moment in Indian IP Policy Making


Ch Unni of the Mint reports on a rather historic moment for IP policy making in this country. Pursuant to the public outcry against the Indian Bayh Dole bill, a Parliamentary standing committee headed by Mr Subbarami Reddy requested the government to undertake wider consultations on the bill, take into account the various objections of stakeholders and come back with a revised version of the bill. After consultations with a variety of stakeholders including civil society activists, R&D Institutions and…


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Innovation Patent

“Informal” India and the Romanticisation of Innovation


FICCI’s latest newsletter carried an article of mine dealing with grassroots innovation and the need to romanticise innovation. For those interested, here is the text: “Informal” India and the Romanticisation of Innovation3 idiots, one of the most tasteful Bollywood flicks this year, was embroiled in a “copyright” controversy involving credits to Chetan Bhagat, the author of the book on which the movie was allegedly based. What has been largely missed, however, is the ‘patent’ significance of the movie. The mysterious…


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