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INTELLECTUAL PROPERTY RIGHTS

The right of an individual to derive benefits from his intellectual property and to exclude
others from doing so is referred to as intellectual property rights. The rights to intangible
property that is the product of the human intellect. Intellectual property may be protected
by copyright, trademark or patent. The holder of intellectual property rights is usually the
person or persons who developed the product or the organization that funded it.

Key forms of intellectual property:

Trade secrets: Trade secrets any information that may be used in the operation of a
business and that is sufficiently valuable to afford an actual or potential economic
advantage is considered a trade secret. Examples of trade secrets can be formulas for
products.

Patents : A patent is the form of a certificate granted by a government. It gives the


inventor the right to exclude others from imitating , manufacturing , using or selling the
invention in question for commercial use during the specified period.

Copyright : Copyright is a legal term describing the economic rights given to creators of
literary and artistic works, including the right to reproduce the work, to make copies, and
to perform or display the work publicly.

Trade marks :. Trademarks are commercial source indicators, distinctive signs that
identify certain goods or services produced or provided by a specific person or enterprise.
Trademarks are especially important.

Management of IPR : Transfer of IPR in such away so as to generate the maximum


profits from an intellectual property. Establishment of collaboration to facilitate
commercialization of IPR. Monitoring the infringements of IPR and enforcing one’s
rights where necessary. Renewal of patents and design periodically in every country
where they are granted. Periodical evolution of factors like R&D investments to the
royalty ratio to decide which IPR is to be reviewed in which country.

Benefits & Problems of IPR: Benefits- Encourages and safeguard intellectual and
artistic creations. Spread of new ideas and technologies. Investment in R&D efforts.
Consumers got large range of products. Economic development.

Problems- Encourages monopolies. Cost enhancement Perceived as a threat to food


security by many. May affect diversity and ecological balance. May be detrimental to the
livelihood of poor.

R & D EXPENDITURE IN INDIA :

India currently spends about 0.8% GDP on R &D and the science and technology policy
(in jan 2003) has the target to raise it to 2% by the year 2007.And 80% of india’s total
expenditure is made by govt. itself. In most of developed countries pvt. Sector incurs 60-
80% of the total R& D expenditure.

INCENTIVES FOR TECHNOLOGICAL RESEARCH AND DEVELOPEMENT :


Income tax relief on R& D expenditure. Exemption from the payment of custom duty on
goods imported for use in govt. funded R&D projects. Direct financial support to R&D
centers.

TECHNOLOGY PROMOTION FOR SELF RELIANCE : Support to preparation of


reports relating to technology export. Support to preparation of reports relating to
technological experience in selected areas of industry. Support for demonstration of
technologies identified for exports.

INFORMATION SYSTEM FOR TECHNOLOGY DEVELOPMENT : For the


promotion of suitable technology, National information system for science and
technology (NISSAT) provides support to the inter working of information system on
science and technology. The system support 12 major information networks in the
country and many of these have access to international database.

SCIENCE & TECHNOLOGY POLICY , 2001 : Promotion of self reliance.


Sustainable & equitable development. Enlarged contribution to economic growth. Natural
resources conservation & protection of physical environment. Maintenance of national
security. Enhance international competitiveness of Indian economy.

IMPLEMENTATION OF POLICY,2001 : Modernization of infrastructure.


Simplification of administrative & financial procedures. Enhancements of career aspects
of scientists in order to attract new talents. Establishment of rigid quality standards
laboratories. High reward for successful innovations. Encouragement of R&D projects
for protection of IPR. Enhancing public awareness about science & technology. Fiscal
measures for encouraging contribution of private industry to R&D.

OBJECTIVES OF SCIENCE AND TECHNOLOGY POLICY , 2003 : Advance


scientific temper and fully integrate science and technology into all spheres of national
activity on a sustainable basis. It would foster scientific research in universities and other
institutions. Create suitable employment opportunities in the S&T sector. Women would
be ensured full and equal participation. International. Cooperation would continue to
operate

ISSUE HINDERING TECHNOLOGY POLICY

Heavy dominance of government in technology development. Weak intellectual property


regime. Slow rate of technology transfer & diffusion. Inferior position of Indian partners.
Import of outdated technology. Stifling impact of technology import on domestic R&D.
Conditions of stagnation in technology research. Little emphasis on technology
assimilation & absorption.