The Minister for Science and Technology has announced optimistic news for the Indian government scientists. The scientists working with various government research institutes are to get a share of the licensing fee, which the Government charges when technology is transferred to a company for making a marketable product. The Union government has announced that it will introduce a law that will give scientists in Government-run laboratories a share in royalty when their innovation brings commercial dividends.
It is expected that the new law will be modeled on 1980 Bayhe-Dole law in the US, that enables the innovators in public sector research to benefit from commercialisation of their invention. The US law mandates royalty sharing between the Government and the innovator. The incentive facilitates technology to move from Government laboratories to the market. It further encourages public sector research and brings convergence between research and industry.
The new proposed legislation which is expected to be introduced in the next budgetary session, aims to discourage government scientist from publishing papers, but in turn, would encourage them to patent technology leading to wealth creation. The Indian Pharma Company, presently spotlight only on services and generics rather than innovation. The Pharma Companies are expecting that they could be the main beneficiaries, as the government scientist can bridge the gap to a great extent. The government is planning to give 30% of the royalty, license and profits from the public funded research project to scientists who have worked on the project. But, the onus will be on the individual scientist/researcher to report his study and seek patent for the same.
Earlier, due to little contribution for innovation from the part of the government, there was a fear of ‘brain drain’ in the industry. But, research is now global and India is seen as contributing to global research generating capacity. As the attitude is shifting, Government policies will continue to support strategic research because these cannot be bought off the shelf, but will have to be carried out in coordination with the industry. Universities will have a much more important role to play with the advent of the new legislation. Right incentive in the government laboratories will send right signal and will give rise to new technology.
This article enunciates the recent, much awaited, and landmark judgment delivered on September 16, 2016 by Hon'ble Delhi High Court throwing light on the important provisions of the Copyright Act, 1962.
The Patents Act 1970, along with the Patents Rules 1972, came into force on 20th April 1972, replacing the Indian Patents and Designs Act 1911. The Patents Act was largely based on the recommendations of the Ayyangar Committee Report headed by Justice N. Rajagopala Ayyangar. One of the recommendations was the allowance of only process patents with regard to inventions relating to drugs, medicines, food and chemicals.
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