\u201cThe patent system added the fuel\nof interest to the fire of genius, in the discovery and\nproduction of new and useful things.\u201d-Abraham Lincoln. No one can refute the\nwords of Abraham Lincoln more so today, as we live in the knowledge era.\nTherefore, it has become imperative to enhance creativity, innovation and competitiveness\nby harnessing the IP of individuals, institutions, industry and the country, so\nthat it can then be legally protected and exploited. India has great potential\nand with its rising importance in the global economy, it is time to leave an\nIndian IP footprint in the global arena. <\/p>\n\n\n\n
The Department of Industrial Policy\nand Promotion (DIPP), Ministry of Commerce & Industry, Government of India,\nhas taken various initiatives to ensure that the intangible assets of the\ncountry are adequately protected. Establishment of the exclusive Cell for IPR\nPromotion & Management (CIPAM) has been the start of a quiet but effective\nIP revolution. They have been instrumental in changing the IP landscape of India\nby timely introducing various schemes to cover schools, universities\/colleges\nand industries, including MSMEs and start-ups.<\/p>\n\n\n\n
CIPAM has recently released a 23-page\ndraft of the model guidelines on implementation of IPR policy in academic institutions.\nThis has been prepared based on the \u201cGuidelines on Developing Intellectual\nProperty Policy for Universities and R&D Organizations, WIPO, Geneva\u201d.<\/p>\n\n\n\n
The guideline suggests the creation\nof an IP cell in every academic institution which in turn will be responsible\nfor fostering an environment to protect and promote the IP of students,\nfaculty, researchers, and the institution. It suggests that they conduct regular\nawareness programmes for graduates and undergraduates and IPR counselling for\nresearch scholars and faculty. The IP cell can also be a backbone to help\ncommercialise and thereby augment the financial self-sustenance goals of the\nacademic institution & its labs and to reward faculty and researchers. The\nother role of this cell is to ensure that the policies of the government with\nrespect to IP are implemented by ensuring an efficient, fair, transparent\nadministrative procedures for ownership and profit sharing for both the individual\nand the institution.<\/p>\n\n\n\n
According to the guidelines, an\nacademic institution has the patent right if a student, researcher or faculty\nhas developed a product using the resources and funds of the institute.\nHowever, the same patent right shifts to the inventor if the institute\ndetermines that the invention had been developed on individuals own time using\nhis resources. <\/p>\n\n\n\n
The ownership rights for scholarly\nacademic works that are generated using the institute\u2019s resources like books,\nlecture notes and dissertations remain with the author. However, the institute\nhas the rights over lecture videos, online courses, films, plays and musical\nworks. <\/p>\n\n\n\n
The ownership rights in all\ntrademarks involving the academic institution shall ordinarily be vested with\nthe academic institution unless otherwise determined by the academic\ninstitution. <\/p>\n\n\n\n
The draft policy also provides\nguidance for collaboration between academic institutes and industries through\nbetter clarity on IP ownership and IP licencing. They suggest drawing up an\nagreement covering all aspects of IP\nrights and revenue sharing and in the absence of such an agreement, the IP\nrights shall be shared among the concerned parties, similar to the royalty\nproportion set out under \u201cLicensing and Revenue Sharing\u201d of the draft policy.<\/p>\n\n\n\n
The draft policy also recommends the\nappointment of an expert committee to address the concerns of the aggrieved\nperson and the disputes that may arise in the course of implementing the IPR\npolicies by the academic institution. As the tag line of CIPAM suggests \u201cIntellectual\nproperty rights- The future \u201c, the new guidelines are a much-needed recommendation to help IP march ahead and make India\na global IP leader.<\/p>\n\n\n\n
<\/p>\n\n\n\n
<\/p>\n\n\n\n
<\/p>\n","protected":false},"excerpt":{"rendered":"
\u201cThe patent system added the fuel of interest to the fire of genius, in the discovery and production of new and useful things.\u201d-Abraham Lincoln. No one can refute the words of Abraham Lincoln more so today, as we live in the knowledge era. Therefore, it has become imperative to enhance creativity, innovation and competitiveness by harnessing the IP of individuals, institutions, industry and the […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[14,4,3],"tags":[],"class_list":["post-227","post","type-post","status-publish","format-standard","hentry","category-ipo-india","category-ipr","category-patent"],"_links":{"self":[{"href":"https:\/\/ipaatentiti.com\/blog\/wp-json\/wp\/v2\/posts\/227","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/ipaatentiti.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/ipaatentiti.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/ipaatentiti.com\/blog\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/ipaatentiti.com\/blog\/wp-json\/wp\/v2\/comments?post=227"}],"version-history":[{"count":3,"href":"https:\/\/ipaatentiti.com\/blog\/wp-json\/wp\/v2\/posts\/227\/revisions"}],"predecessor-version":[{"id":236,"href":"https:\/\/ipaatentiti.com\/blog\/wp-json\/wp\/v2\/posts\/227\/revisions\/236"}],"wp:attachment":[{"href":"https:\/\/ipaatentiti.com\/blog\/wp-json\/wp\/v2\/media?parent=227"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/ipaatentiti.com\/blog\/wp-json\/wp\/v2\/categories?post=227"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/ipaatentiti.com\/blog\/wp-json\/wp\/v2\/tags?post=227"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}