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Dr. Prabuddha Ganguli CEO “VISION-IPR” 101-201, Sun View Heights, Plot 262,

Global Research Dynamics….Impact of Intellectual Property Rights. Dr. Prabuddha Ganguli CEO “VISION-IPR” 101-201, Sun View Heights, Plot 262, Sher-e-Punjab, Andheri East, Mumbai 400093, India Tel: 91-22-28264348; Fax: 91-22-28264344 Mobile: +91 9820352815 e-mail: pgang@mtnl.net.in.

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Dr. Prabuddha Ganguli CEO “VISION-IPR” 101-201, Sun View Heights, Plot 262,

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  1. Global Research Dynamics….Impact of Intellectual Property Rights Dr. Prabuddha Ganguli CEO “VISION-IPR” 101-201, Sun View Heights, Plot 262, Sher-e-Punjab, Andheri East, Mumbai 400093, India Tel: 91-22-28264348; Fax: 91-22-28264344 Mobile: +91 9820352815 e-mail: pgang@mtnl.net.in ASET COLLOQUIUM TIFR, Mumbai 28.05.2010

  2. Enterprise Networking Government com1 University Research institution Markets com3

  3. Knowledge Generative Phase Trading Phase Application Phase

  4. The Goal:“expansion, inclusion and excellence” for a “dynamic synergy” in Science and SocietyUniversities & Research Institutions are the well springs of knowledgewith Industries acting as key channels of knowledge irrigation for societal use

  5. Shifting IPR Paradigms • System that originated as Private Rights (Industrial Property). Legal Framework for inanimate but tangible creations of the human mind • Extension of the system to protection of inanimate but seemingly intangible creations • Further extension to tangible animate objects such as life forms • Now the same framework is being extended for protection of tangible and intangible creations of communities over generations…. including modes for benefit sharing arrangements.

  6. Shifting IPR Paradigms • Next Steps…… National ownership of biodiversity; private ownership and rights of flora and fauna; collection of bio materials for research work; issues of prior informed consent; issues of disclosure of the origin of biological materials in patent specifications, issues of benefit sharing arrangements between patent applicants/owners for inventions based on traditional knowledge and materials form “private” and or “public sources”

  7. Hi to Low Risk Mind goes to Market Product Lifecycle Competitive sustenance Market acceptability IPR Management Marketable Products/Processes Alignment with market Idea into product/process Ideas Actionable Realisable Value to Potential Value of IP Ideas demonstrable Idea Feasibility Freezing of options Position in the protected Technology grid Value addition to Business & Market idea stage ..Technology development time

  8. Much innovation is highly reliant on science…. Taken from presentation by Iain Gillespie of OECD at Biovision 2010 Alexandria March 9-14 2010

  9. Co-operation in science is increasingco-authored S&T articles (whole count), 1997 and 2007 1997 2007 Taken from presentation by Iain Gillespie of OECD at Biovision 2010 Alexandria March 9-14 2010

  10. Multi-faceted and Interdisciplinary nature of GT Taken from presentation by Iain Gillespie of OECD at Biovision 2010 Alexandria March 9-14 2010

  11. Technological and non-technological innovation unevenly distributed Patents and trademarks per capita, 2005-07Average number per million population, OECD and G20 countries Taken from presentation by Iain Gillespie of OECD at Biovision 2010 Alexandria March 9-14 2010

  12. Taken from presentation by Iain Gillespie of OECD at Biovision 2010 Alexandria March 9-14 2010 The Innovation cycle Match innovation and market needs Policy Environment Energy Health Etc. Market Demands Tools Flexibility Enabling environment? Research Policy and Behaviour Network collaborations IDENTIFICATION of NEED Connectivity & Interoperability DIFFUSION DISCOVERY Regulatory Legislative Policy Incentives? DELIVERY DEVELOPMENT Industry Policy Structure practice COMMERCIALISATION Decisions

  13. The financing of R&D has also changed over time … Business financing of R&D has taken on greater importance as innovation has become more important for firm performance – high-tech industries have grown in particular. Government’s share has declined and other national sources (notably non-profit institutions) have become more important sources of R&D financing. Taken from presentation by Iain Gillespie of OECD at Biovision 2010 Alexandria March 9-14 2010 Financing of R&D, 1981-2005 13

  14. IPRinternalise ….A sustainable process Vision Perception Thought and Analysis Iterative Process Observation Synthesis Solution Learning

  15. “IPRinternalise”…. Patent as a Vehicle Innovation To serve business needs, develop human resource, skill, and enhance knowledge About 70% of Knowledge In Patent Databases Patent Specification: A rich source of Technical Information Patentability Aspects Process of Innovation Patent Search Novelty Acquisition of information Technical Advance Evaluate information Inventive Step Synthesize and analyze information Practical Solution to the Technical Problem Application of information to interact with an idea or experience Useful Business &Societal benefit

  16. Options Industry-Consortium Mode(e.g.CAR) Industry Interest Societal Interest Applied Research And Product Development “Directed” Basic Research Pre- Competitive Applied Research Basic Research Type: ---- --- --- -- ----------------------- -------------------- Participation: Universities, National Laboratories Universities, National Laboratories and Industry Industry Courtesy: Dr. R. Chidambaram, Principal Scientific Adviser to Government of India

  17. Managing Intellectual Property • CONCEPTS INNOVATION PROCESS OUTPUT MARKET • Working through the • IP grid • Patents & other IPR Filings/Registrations • Strategy for Foreign Filings • Licensing Options • Joint Developments • Business Opportunities • Technology Options( mapping exercise ) • Strategic Options Record Maintenance & Updating IPR Information

  18. Managing IPR … Innovation Phase • Working through the IP grid • Decisions on Patents & other IPR Filings/Registrations • Strategy for Foreign Filings • Litigation Strategy (clearing IPR mine fields) • Licensing Options • Joint Developments Project Implementation Business driven Decisions Signing of NDAs/IPR assignements with employees/contractors, MOUs with possible partners, Trade Secrets, milestone payments, royalty and other benefit sharing arrangements

  19. Managing Intellectual Property • CONCEPTS INNOVATION PROCESS OUTPUT MARKET • Working through the • IP grid • Patents & other IPR Filings/Registrations • Strategy for Foreign Filings • Licensing Options • Joint Developments • Business Opportunities • Technology Options( mapping exercise ) • Strategic Options • Fit in IPR Portfolio • Marketing tieups Record Maintenance & Updating IPR Information

  20. Translational Research (TR): an integrator Bridging the Gaps determine success or failure of commercialisation of innovations GAP GAP GAP Market Market oriented product /service Knowledge Tools Translational Research: is the research that addresses these gaps

  21. Managing IPR … Output Phase Valuation of the IPR • Fit in IPR Portfolio • Marketing tie-ups Evaluate fit with business strategy and growth plans Evaluate Licensing Options Options for IPR value extraction Technology life cycle analysis ( e.g. venture capatial, business incubators, etc.)

  22. Managing Intellectual Property • CONCEPTS INNOVATION PROCESS OUTPUT MARKET • Working through the • IP grid • Patents & other IPR Filings/Registrations • Strategy for Foreign Filings • Licensing Options • Joint Developments • Product Lifecycle • Managing IPR Portfolio • Monitoring IPR • Policing IPR • Enforcing IPR • Business Opportunities • Technology Options( mapping exercise ) • Strategic Options • Fit in IPR Portfolio • Marketing tieups Record Maintenance & Updating IPR Information

  23. Managing IPR … Market Phase IPR notification on products and services IPR protection during product life • Product Life-cycle • Managing IPR Portfolio • Monitoring IPR • Policing IPR • Enforcing IPR IPR Portfolio Maintenance Strategy Synnergy with other IPRs in the organisation Litigation Strategy to retain leadership Value of Competitors' IPRs Monitoring possible infringers Action against infringers

  24. Develop IPR based Research Strategy Strategic Plan for IPR Defensive ????? Offensive ????

  25. Managing Intellectual Property • CONCEPTS INNOVATION PROCESS OUTPUT MARKET • IPR Study • Patents\ other IPR Filings/Registrations • Strategy for Foreign Filings • Licensing Options • Joint Developments • Product Lifecycle • Managing IPR Portfolio • Monitoring IPR • Policing IPR • Enforcing IPR • Business Opportunities • Technology Options( mapping exercise ) • Strategic Options • Fit in IPR Portfolio • Marketing tieups Record Maintenance & Updating IPR Information

  26. Concerns ………….Limited access to international knowledge base in specific fields…….………... Most research though government funded are being done in a fragmented manner and not leading to quality publications ……..lack of information resources and literature search skillsleading to “reinventing the wheel”……….. …………inadequate utilisation of local traditional knowledge and building on the same……improper selection of research topics thereby propagating “me-too” areas.

  27. Concerns ………….Students and researchers aim to publish in high impact peer reviewed journals where publications costs are high and unaffordable….………... Growth in career based on quality publications in recognised peer reviewed journals………. Industry support in R&D come with their own restrictions on publications and lack of implementable institutional policies and national policies become bottlenecks……….. IP applications for industry sponsored research prior to publications

  28. Concerns …...Several Science and Technologies getting orphaned due to non availability of funds to progress…….inadequate infrastructure, management skills, negotiation acumen, inadequate venture capital culture………..sprouting of IPR trolls in developing countries to exploit the existing vacuum created by lack of Central, Competent Knowledge and IPR Management in Universities and institutions….lack of skills and maturity in the process of forging partnerships

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