ICAR Guidelines for Intellectual Property Management and Technology Transfer/Commercialization

Abstract

The Indian Council of Agricultural Research (lCAR) recognizes the need of becoming competitive in the intellectual property rights (IPR) regime so that we can ultimately bring the Indian farmers away from subsistence with the transfer of our IPR enabled technologies through commercial, cooperative and public routes. In the early 1990s, lCAR had taken initial steps for the pro-active management of IPRs generated by our scientists. This was in line with the upcoming global developments on trade and IPR but also within the limited scope of our Patents Act. At that time, neither the products in the areas of food and agrochemicals nor the methods of agriculture and horticulture were patentable subjects. Also, there was no national legislation on the plant variety protection in place. Hence, an obviously slow progress of IPR titles for ICAR is discernible. However, as a follow up of the World Trade Organization (WTO) Agreements, the legislative scenario concerning IPRs changed fast and by 2005 the country had revised or enacted various IPR laws to meet the national requirements vis-a-vis the Agreement on Trade Related Aspects of Intellectual Property. These developments have also opened new challenges before the public research and education system in agriculture and other areas to become contemporary, compatible and competitive. Our internal policy and institutional support in the early phase was mainly guided by the ICAR Rules and Bye-laws and the Rules and Guidelines based on the Johl Committee Report. A case-by case approach guided the protection of lPRs and transfer of IPR enabled technologies by ICAR. However, it was felt appropriate to elaborate upon the IPR policy framework and working guidelines for the management of technologies in the set up with the help of a committee of administrators,professionals and law experts. The outcome is expected to create IPR awareness and literacy, enhance the work environment for higher innovativeness, ensure that the scientists/innovators are duly rewarded with their share of benefits accrued. and guide the manner of technology transfer which would be competitive and better serve the interests of agriculture and farmers. A win-win situation for all partners! players! stakeholders! beneficiaries would indeed be helpful.