ICARS/ AAUS POLICY ON INTELLECTUAL PROPERTY MANAGEMENT AND TECHNOLOGY TRANSFER Dr. P. K.

Barua Department of Plant Breeding & Genetics AAU Jorhat For details the IP management policy and guidelines for protection of intellectual properties generated in ICAR research system, please visit ICAR Guidelines for IP Management and Technology Transfer Commerciali!ation" http# $$$%icar%org%in files reports other&reports icar&ipmttcguide%pdf % ICAR is a large research and development organi!ation under the 'epartment of Agricultural Research ( )ducation *'AR)+ of the Ministry of Agriculture, Government of India% ,nder the um-rella of ICAR are the follo$ing institutions# .% Four 'eemed ,niversities / Indian Agricultural Research Institute, 0e$ 'elhi1 Indian 2eterinary Research Institute, I!atnagar, 0ational 'airy Research Institute, 3arnal1 Central Institute of Fisheries )ducation, Mum-ai% 4% Forty five Research Institutes 5% 6eventeen 0ational Research Centres *0RC+ 7% 6i8 9ureau8 / 0ational 9ureau of Plant Genetic Resources, 0e$ 'elhi, 0ational 9ureau of Agriculturally Important Microorganisms, Mau1 0ational 9ureau of Agriculturally Important Insects, 9angalore1 0ational 9ureau of 6oil 6urvey ( :and ,se Planning, 0agpur1 0ational 9ureau of Animal Genetic Resources, 3arnal1 0ational 9ureau of Fish Genetic Resources, :uc;no$% These 9ureau8 maintain data-ases of the Indian resources% <% T$enty five Pro=ect 'irectorates% >% ?ne Central Agricultural ,niversity at Imphal% ICAR/ AAU Policy on Intellectual P o!e ty Mana"e#ent$ .% ICAR AA, -elieves that an effective IP management regime has in&-uilt mechanism for incentive to scientists innovators to engage in ;no$ledge creation% 4% In ICAR AA,, the ;ey considerations are# *i+ national priorities relating to food security, *ii+ sustaina-le use of natural resources, *iii+ enhancing the incomes of small and marginal farmers, and *iv+ employment generation% 5% ICAR AA, emphasi!es protection of pu-lic sector research as defense to ;eep innovations in the pu-lic domain% 7% ICAR AA, $ants to use IPR ena-led technologies to negotiate access to strategic research tools and technology from the private sector% <% Income generation -y e8ploiting the intellectual property *technologies+ is not the primary motive for IP protection% In%titutional A an"e#ent &o IPM ICAR has set up institutional arrangements for IPM, as follo$s% Co##ittee% Cent e%/ Unit%

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Central Technology Management Committee *CTMC+ as ape8 decision ma;ing committee $ith the 'irector General as the Chair% Conal Institute Technology Management Committee *CITMC+, chaired -y the 'irector of the Institute $here CTMC is located%

Agro&Technology Management Centre *ATMC+ at ICAR AB Conal Agro&Technology Management Centre *CTMC+ at five !ones at# .% IARI, 0e$ 'elhi1 4% I2RI, I!atnagar *,P+1 5% CIRC?T *Central Institute for Research on Cotton Technology+, Mum-ai1 7% 0IRDAFT *0ational Institute of Research on Dute ( Allied Fi-re Technology+, 3ol;ata1 <% CIFT *Central Institute of Fisheries Technology+, 3ochin Institute Technology Management ,nit *ITM,+ at each ICAR Institute%

Institute Technology Management Committee *ITMC+, chaired -y the 'irector of the Institute%

O'ne %(i! o& IP o& ICAR/ AAU A% )8clusive o$nership# ICAR claims e8clusive o$nership of IP in case of technologies developed -y# .% ,sing funds received from Central Government through the -udgetary process% 4% ,sing e8ternal funds, pu-lic or private, $here ICAR AA, has -een assigned sole o$nership -y the funding agency or $here such prior agreement $ith the funding agency does not e8ist% 9% Doint o$nership of IP# ICAR AA, $ill claim =oint o$nership in case technologies are developed through# .% Colla-orative research% 4% Post Graduate research, if e8ternally funded or colla-orative% 5% If technologies are developed through shared research facilities of ICAR AA, and ICAREs AA,Es scientists are involved in technology development% 7% 6cientist entrepreneurship for technology up&scaling% Intellectual ! o!e tie% o& ICAR/ AAU$ )* Patenta+le IP in a" icultu e$ Though methods of agriculture and horticulture are not patenta-le, yet there are many potential areas of technologies that are patenta-le in agriculture and allied fields, e%g% .% 2arious microorganism -ased formulations, such as those of -io&control agents, -iofertili!ers, specific dairy catalysts, etc%, and the processes for their use% 4% 2arious genetically engineered microorganisms for an array of specific uses, such as -iodegraders, -io&stimulants, -io&protectants, etc%, and the processes related to their application use% 5% 0ovel dairy and horticultural products, -y&products, such as en!ymes, and processes for their production and use% 7% Plant -ased agro&chemicals, their purification and testing processes, and various formulations% <% 'iagnostic ;its% >% Agricultural machinery, implements, and la-oratory eFuipments% G% Aigh value compounds from terrestrial and aFuatic and living systems% H% 0ovel genes from micro-ial and higher -iological systems1 research tools of genetic engineering, such as primers, gene constructs, and gene transfer tools li;e gene gun, etc% I% Information systems and soft$are, etc%
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.@% Patenta-le part of ;no$&ho$, for scaling up of research results or manufacture of prototypes commercial products, etc% ..% Patents on microorganisms% ,* P otection o& !lant -a ietie%* .% All e8tant varieties of ICAR *For )2 see lecture note on plant variety protection+ 4% 0e$ plant varieties including essentially derived varieties% .* I#! o-e/ 0 ee/%/ St ain% o& ani#al%/ !oult y/ &i%( cannot +e ! otecte/* ICAR is developing a system of their registration and documentation, so that others cannot appropriate% 1* Collecti-e Ma 2/ T a/e#a 2 o& ICAR* 3* Co!y i"(t* 4* De%i"n%* 5* 6no'7(o' ! otection +y trade secret, confidentiality agreement% 8* T a/itional 2no'le/"e ! otection +y disclosure and documentation of T3% Licen%in" o& IP 9Rele-ant to AAU al%o: :icences $ill -e case&specific, non&e8clusive or e8clusive licences% 0ormally, non&e8clusive licences $ill -e granted -y ICAR for technologies such as inputs *e%g% -io&pesticides or -io& fertili!ers, seeds of ICAREs varieties+ so that such technologies are availa-le for $ider adoption% Generally $hen licenses are granted through an open tendering -idding process it $ill -e given to one licensee on e8clusive -asis% 6u-&licensing can also -e granted% )8clusive licence is issued $hen *i+ an IPR ena-led technology is to -e commerciali!ed in foreign countries, and *ii+ the technology is to -e disseminated in difficult areas offering lo$ incentives% Co##e ciali;ation o& Plant <a ietie% 9Rele-ant to AAU al%o: 9ased on national priorities and issues of food and nutritional security, ICAR may decide to place a plant variety solely in the pu-lic domain or licensed on e8clusive or non&e8clusive -asis% Ao$ever, registration of all protecta-le varieties $ill -e ensured -efore placing them in pu-lic or commercial domain% Licen%in" o& %ee/ an/ !lantin" #ate ial 9Rele-ant to AAU al%o: 0on&e8clusive licenses for populari!ation and pu-lic distri-ution of seeds propagules for development and cooperation $ill -e granted to# .% Central and 6tate 'epartments of Agriculture% 4% 0ational and 6tate 6eed Corporations% 5% Private Cooperative seed producers% 7% Foreign clients in seed -usiness $ho may -e interested in commerciali!ing ICAREs seed propagules in other countries% Incenti-e% an/ 0ene&it S(a in" 9Rele-ant to AAU al%o: 9enefits from licensing of ICAREs technologies may -e monetary and or non&monetary% Monetary benefits: *i+ ,pfront lump sum payment%
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*ii+ ,pfront payment plus royalty on actual sale% *iii+ Royalty on actual sale% Non-Monetary Benefits: *i+ Research capacity -uilding% *ii+ Instituting Research Chair in an ICAR institute% *iii+ Granting research fello$ship, etc% *iv+ In&licensing cross licensing of tools of technology generation in frontier areas% *6ee lecture note on Technology transfer for these terms%+ IP MANAGEMENT = TECHNOLOGY TRANSFER IN AAU Ref# AA, Guidelines for Intellectual Property Management and Technology Transfer Commerciali!ation" *4@.4+ )* AAU% IPR !olicy$ AA, is committed to protect its intellectual properties% AA, -elieves that IPR $ill improve Fuality of research, generate funds and open up scope for pu-lic&private partnership $ith faster transfer of technology% 9enefit sharing $ith its researchers $ill ma;e them more innovative and competitive% AA, $ill follo$ ICAR guidelines and IPR la$s of India% ,* O'ne %(i! o& IP$ AA, claims o$nership of all inventions innovations made -y university staff students $ithin their technical e8pertise and or assigned duties% Claims o$nership of copyright on $or;s commissioned -y the ,niversity% M?, defines o$nership of an invention resulting from a sponsored or colla-orative research% AA, $ill o$n all Trademar;s representing the J-randJ of the university% All applications $ill -e made in the name of Assam Agricultural ,niversity"% The innovating scientists $ill assign the rights to the institution% The latter $ill -e the first and true inventors% .* In%titutional a an"e#ent%$ Three tier Committees# At AB# AA, Technology Management Committee *AA,TMC+ chaired -y the 2ice Chancellor & ape8 decision&ma;ing -ody% At RAR6# RAR6 Technology Management Committee *R6TMC+, chaired -y the Chief 6cientist of the RAR6, and including the 323s% At College# College :evel Technology Management Committee *C:TMC+ chaired -y the 'ean Associate 'ean% 1* S(a in" o& Net Re-enue/ 0ene&it Money 90ot( &o ICAR an/ AAU: IPR system $as -asically evolved for granting incentives to the innovators inventors for monetary gains in return of their investments on research and development% Therefore ICAR has developed a clear cut guideline for sharing -enefit $ith the innovators inventors as follo$s% A% Formula for 6haring of 9enefit Money *6ame for ICAR and AA,+ Hea/ o& Account A#ount .% Gross Revenue *license fees royalties+
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4% 6ervice Ta8 already paid or due 5% Amount retained -y ICAR AA, for augmenting IP Management 7% 0et revenue -enefit money to -e shared -y innovators as incentive 9% ICAREs -enefit sharing Sta2e(ol/e cate"o y ICAR scientists innovators and other team mem-ers ICAR Institution*s+ *including <L of net revenue for staff $elfare+ ICAR headFuarters *including <L of net revenue for staff $elfare+ C% AA,Es -enefit sharing# 6ta;eholder category .% AA, innovators *<@L for PI and rest <@L divided for other investigators -ased on contri-ution and agreement+ 4% AA, AB *for overhead e8penditure+

K9 K 5@L of A K C KA&9&CKM

S(a e >@L 4<L .<L

6hare of net revenue >@L 7@L

A hypothetical e8ample# A technology *IP+ $as developed, $hich $as licensed for Rs% .@ la;h as license fee% 6ervice ta8 $as paid N .@L to the Govt% Ao$ much $ill -e earned -y the innovative scientists $ho developed the technologyO A% Gross revenue# Rs% .@,@@,@@@ 9% 6ervice ta8 paid# .@L Rs% .,@@,@@@ C% Amount for IP management# 5@L Rs% 5,@@,@@@ '% 0et revenue to -e shared# Rs% .@,@@,@@@ / Rs% .,@@,@@@ & Rs% 5,@@,@@@ K Rs% >,@@,@@@ 6o, scientists $ill get K >@L of Rs% >,@@,@@@ K Rs% 5,>@,@@@ *It $ill -e ta8a-le income%+

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