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CHAPTER 1

                                                                                                                               Intellectual Property Management at Public Research Institutions


                                                                                                                              Intellectual Property Rights (IPR) have become crucial in the fast changing and emerging scenario of trade
                                                                                                                              environment, which is characterized by evolving and ever-changing global competition, high innovation risks,
                                                                                                                              small product cycles, necessity for rapid and continuous technology changes and improvements, growing
                                                                                                                              needs for investments in research and development (R&D), production, marketing and demand for highly
                                                                                                                              skilled human capital.

                                                                                                                              Hence, IP management at the research and academic institutions becomes an essential tool to protect their
                                                                                                                              scientific research, technologies and innovations created out of collaborative and/or consultancy projects,
                                                                                                                              along with the innovation within the institutions which are commercialised through licensing and partnerships.
                                                                                                                              IP  management  at  research  institutions  and  universities  relates  to  protecting  every  form  of  intellectual
                                                                                                                              property  generated  as  a  result  of  research  including  inventions,  technologies,  databases,  publications,
                                                                                                                              software, algorithms, branding and logos etc.

                                                                                                                              Good IP management practices are not limited to protecting the various intellectual properties, but also
                                                                                                                              involves developing human resources trained in IP management skills.
                 "Owning the intellectual property is like owning land: You need to keep investing in
                 it again and again to get a payoff; you can't simply sit back and collect rent."                             Intellectual Property (IP) Management at ICAR- Indian Agriculture Research Institute
                                                                                                                              IP management practices at ICAR-IARI have evolved incessantly according to the changes in the policies at
                                                                                                                              institutional and national levels. The IARI now holds structured and well laid down IP management protocols
                                                                                                                              and guidelines for the protection of various forms of intellectual properties generated by the institute. It is
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                                                                                                                              based on the IPR framework of the ICAR as laid down in its  “Guidelines for IP Management and Technology
                                                                                                                              Transfer  Commercialization”,  which  are  in  conformation  to  the  current  national  IPR  laws  and  policies,
                                                                                                                              legal framework of  TRIPS Agreement, provisions of the  Convention on Biological Diversity (CBD) and the
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                                                                                                                              International Treaty on Plant Genetic Resources for Food and Agriculture  (ITPGRFA). Utmost efforts are
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                                                                                                                              being made continuously for the harmonization of the new guidelines and / or amendments, if any, with the
                                                                                                                              related national and international laws and relevant norms through reviews, revision and reassessment.








                                                                                                                              1. ICAR, 2018. ICAR Guidelines for Intellectual Property Management and Technology Transfer/Commercialization (Revised in 2018)Indian Council
                                                                                                                              of Agricultural Research, New Delhi.
                                                                                                                              2.  The  WTO’s  Agreement  on  Trade-Related  Aspects  of  Intellectual  Property  Rights  (TRIPS),  negotiated  during  the  1986-94  Uruguay  Round,
                                                                                                                              introduced intellectual property rules into the multilateral trading system for the first time.
                                                                                                                              3. The Convention on Biological Diversity (CBD) is the international legal instrument for “the conservation of biological diversity, the sustainable
                                                                                                                              use of its components and the fair and equitable sharing of the benefits arising out of the utilization of genetic resources” that has been ratified
                                                                                                                              by 196 nations. It entered into force on 29 December 1993.
                                                                                                                              4. International Treaty on Plant Genetic Resources for Food and Agriculture; Food and Agriculture Organization of the United Nations. The
                                                                                                                              objectives of the International Treaty on Plant Genetic Resources for Food and Agriculture are the conservation and sustainable use of all plant
                                                                                                                              genetic resources for food and agriculture and the fair and equitable sharing of the benefits arising out of their use, in harmony with the Convention
                                                                                                                              on Biological Diversity, for sustainable agriculture and food security.








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