Public
funded R&D bill
The scientific community
is hopeful about the Public funded R&D bill, modeled on the
popular Bayh Dole Act enacted in the US, although a few apprehensions
are still abound. We find out more about the scope of the bill.
The Bayh Dole Act introduced in the US in 1980 created a uniform patent
policy for the universities to own rights to patent resulting from
federal funded research and to license these patents on an exclusive or
non-exclusive basis. The underlying objective of this act was to
stimulate innovation and ensure commercialization of the technology
leading to increased public access to federally funded research. Taking
inspiration from the Bayh Dole Act, the Protection and Utilization of
Public Funded Intellectual Property Bill 2007, was introduced in the
Rajya Sabha last year by the Science and Technology Minister, Kapil
Sibal to develop a framework for protection and utilization of
intellectual property created out of public funded research and
development.
The bill seeks to provide a funding agreement between the government
and the recipient before release of grants for R&D and also
seeks to bar public disclosure, publication and exhibition of the
public funded intellectual property. The bill is expected to ensure
access to innovation by all stakeholders for public good and also
enhance awareness on intellectual property issues, especially in
universities, academic and research institutions. If the bill is
enacted the scientific community will get several benefits out of it.
BioSpectrum finds out the apprehensions and hopes of the scientific
community regarding the bill that might see the light of the day soon.
Dr PN Rangarajan, professor, Department of Biochemistry, Indian
Institute of Science, Bangalore, opined, “The
Public funded R&D bill will certainly clear the confusion that
is currently there on Intellectual Property Rights (IPR) arising out of
publicly funded research. Almost 95 percent of R&D in Indian
institutions is funded by government sources and many a times the
funding agencies insist that the investigators sign an agreement to
ensure that the IPR arising out of the research belongs to the funding
agency. The bill with give a fillip to R&D and innovation by
allowing the investigator and research institution to own the IPR and
negotiate with an industry partner of their choice. A lot more
innovations are likely to flow into the market place and in the long
run it will definitely contribute to a better economic growth of the
country.”
The bill also includes a public private partnership model which many
feel has its distinct advantages. While commenting on this Dr Rama
Mukherjee, managing director, Ara Healthcare, Gurgaon, said,
“ Public funded R&D feeds industrial R&D, the
academic information leads come from there, so a greater synergy
between academia and industry would be great.” She also hopes
that the bill will re-energize Indian Council of Medical Research
(ICMR), Department of Biotechnology (DBT) and Council of Scientific and
Industrial Research (CSIR) institutions leading to a better level of
science and scientists in the country.
Echoing the same sentiment, Murali Nair, partner, advisory services,
Ernst and Young, Mumbai, had earlier said in an interview to
BioSpectrum that a commercial relationship between industry and
academia will result from the implementation of the bill.
“People will be engaged in a meaningful commercial research
while they are still in campus and it will facilitate a number of
research projects because the infrastructure gap can be narrowed and
balanced,” he had said.
However, there are certain apprehensions surrounding the bill as well.
Dr Souvik Maiti, senior scientist, Institute of Genomics and
Integrative Biology, Delhi, stated, “If the bill takes away
the rights of the inventor or scientist to decide on whether the
invention should be patented or should remain in the public domain, it
will be a grave mistake. Unlike the American situation in the 1980s, in
India there are several gaps that lead to the limited commercialization
of scientific knowledge. This legislation alone cannot address all
these gaps and therefore, may not provide a great impetus for
innovation.”
Dr Sachin Chaturvedi, a Fellow at the Research and Information System
for the Developing Countries, New Delhi, said that biotech is entering
into a different patent regime owing to the growing convergence of
technology. Hence a national regime on patents may not serve the
purpose as good as the National Biotechnology Regulatory Authority
(NBRA), which would be far more competent to deal with patents in the
biotech sector. He further said that the bill is going to add a huge
value to the effort of scientific institutions by enabling them to
realign themselves with market oriented research. It will also create a
greater synergy between the public and the private sector.