INDIAN GRASSLAND AND FODDER RESEARCH INSTITUTE, JHANSI – 284 003 INDIA
Institute Technology Management Unit (ITMU)/ Intellectual Property Right (IPR Cell)
At IGFRI under the guidance of ICAR, Krishi Bhawan the ITMU is established and taking care all the cases/ procedure related to Intellectual Property (IP) as per ICAR guidelines for Intellectual Property Management and Technology Transfer/ Commercialization which is effective from Oct 2, 2006. The draft of the same can be seen in detail on ICAR web site. Apart from the ITMU, a high powered committee viz., ITMC also exist to take the final decision on commercialization of technologies generated at Institute. Compositions of the committees are:
Institute Technology Management Committee (ITMC)
Dr. P.K. Ghosh, Director – Chairman
Dr. Vikas Kumar (Agri. Economist) – Member
Dr. Pankaj Kaushal- Member
Dr. Sunil Kumar Tiwari – Member
Dr. D.R. Malviya – Member
Dr. K.K. Singh – Member Secretary
Institute Technology Management Unit (ITMU)
Dr. K.K. Singh – Chairman
Dr. P.K. Pathak – Member
Dr. Sultan Singh- Member
Dr. Suresh Kumar – Member
Dr. A.K. Rai – Member
Mr. G.P. Nigam – Member Secretary
There are different forms of Intellectual Properties (IP) and they are largely
Collective mark/ trademark
Patent is granted if it possessed following three main characteristics
“New / Novel” in global sense
“Non-obvious” in the sense that it involves an inventive steps
“Useful” in respect of its industrial applicability
Care must be taken to not to publish any information (process or product) which embodied some sort of patentable entity based on above facts.
Patentable IP Research results in any field of technology, whether processes or products, which are new, inventive (non-obvious) and useful (industrially applicable). The following research results in ICAR, for example, will constitute the patentable IP:
Various microorganism based formulations, such as those of bio-control agents, biofertilizers, specific dairy catalysts, etc., and the processes for their use.
Various genetically engineered microorganisms for an array of specific uses, such as biodegraders, bio-stimulants, bio-protectants, etc., and the processes related to their application/use.
Novel dairy and horticultural products, bye-products, such as enzymes, and processes for their production and use.
Plant based agro-chemicals, their purification and testing processes, and various formulations.
Agricultural machinery, implements, and laboratory equipment.
High value compounds from terrestrial, aquatic and living systems, such as animal rumen, internodal cavities of bamboos, etc.
Novel genes from microbial and higher biological systems; research tools of genetic engineering, such as gene primers, constructs, and gene transfer tools like gene gun, etc.
Information systems and software, etc.
Patentable part of know-how, for scaling up of research results or manufacture of prototypes/ commercial products, etc.
Patents on Microorganisms: Microorganism can not be patented as such (same form in which it is retrieved from its natural habitat), however it can be patented if one proved that has been isolated and has some significant industrial applicability.
Protection of Plant Varieties:
The Protection of Plant Varieties and Farmers’ Rights Act was passed by the Indian Government in 2001. For a variety to be eligible for registration for protection the variety must conform to the criteria of novelty, distinctiveness, uniformity and stability (NDUS).
ICAR varieties of field, horticultural and agro-forestry crops, including the new, extant, essentially derived varieties (EDV), and transgenic plant varieties protected as per the PPV&FR Act/ plant variety protection (PVP) laws of other countries will constitute its protectable IP. These include
All extant varieties of ICAR, i.e., the previously notified varieties under section 5 of the Seeds Act, 1966, which have not completed 15 years from date of their notification. Protection of these varieties will be secured at the earliest.
New plant varieties identified for their worth (value for cultivation and use) in ICAR, which fulfill the essential criteria of distinctiveness, uniformity, and stability under the PPV&FR Act. Fourteen crops species have been identified for registration and they are
Cereals: Rice, wheat, maize, sorghum, pearl millet
Legumes: Chick pea, mung bean, urd bean, field pea, rajmash, lentil, pigeon pea
Second phase: (Notification made on 31st Dec 2007)
Fibre crops: Cotton and Jute
Till now registration for protection of these 14 crops are underway.
In future following crops will be taken in following manner:
Oil seeds: Rapeseeds, mustard, groundnut, soybean, sunflower, safflower, castor, sesame, linseed
Sugarcane: Fodder crops: Lucerne and berseem
Vegetables: Tomato, brinjal, okra, cauliflower, cabbage, potato, onion, garlic
Flowers: Rose and Chrysanthemum
ICAR plant varieties and transgenic plants, protectable as per corresponding PVP laws of other countries, in the form of PVP certificate, plant patent, etc.
Essentially derived variety: Retention of essential characteristics of genotype
Farmers variety: Cultivated by farmers or having knowledge of wild relative or land race
2. Improved Breeds/ Strains of Animals/ Poultry/ Fish can not be Protected:
Animal/poultry breeds, fish strains, etc., cannot be protected in India as patents or variety protection. Improved breeds/ strains developed in ICAR, however, constitute valuable assets. To check their misuse or exploitation, ICAR will develop a system of their registration and documentation, at the respective National Bureaus of Animal and Fish Genetic Resources for quickly placing them through disclosure in the public domain thereby forestalling any unforeseen patenting in other countries.
3. Collective Mark/ Trademark
The ICAR emblem is distinct/ distinguishable and well known for a long time. It will be used/ registered as the collective mark of ICAR. Other marks already used in good faith by ICAR institutions, for example ‘PUSA’ by Indian Agricultural Research Institute or ‘Arka’ by Indian Institute of Horticultural Research, which are also well known for a long time, may be used/ registered and used as their respective trademarks along with the collective ICAR mark.
ICAR’s copyright exists in all its institutional creations/ works, viz., publications, audio-visuals, designs, computer programmes, etc., whether unregistered or registered. Scientists and other staff of ICAR will, however, have copyright over their individual, literary and scientific creations/ works.
Designs of any commercial value, developed in ICAR, may be protected as registered designs under the Designs Act or under the Copyright Act as per law. 6. Any Other IPR Form On a case-to-case basis, any research result of ICAR, which is protectable as IPR in any other form under the Indian law, shall be protected and maintained for its IPR enabled transfer and use.
A know-how available with ICAR, which could lead to development of prototype/ commercial product from an IP generated by its scientists/ scholars, constitutes an important, potentially useful property, irrespective of whether it is patentable or not. Such know-how may be utilized for strategic commercial use in the technology production chain. ICAR may protect such know-how as trade secret. Therefore, a confidentiality agreement with the other party shall be entered into before any demonstration of the technology or its validation or scaling up is undertaken.
8. Traditional Knowledge
The Indian Patents Act and some other IPR Acts require a disclosure of traditional knowledge used in the invention/innovation. Accordingly, ICAR shall also disclose the traditional knowledge related to the innovations made in its set up in all its patent/ IPR applications to the best of its knowledge and information.
Registration in the bureaus
Isolation of indigenous genes and materials therein
Isolated from plant and animal systems and their application for specific target traits will have special significance and prospects. Therefore, ICAR genetic resources bureaus for plants, animals, fish and agriculturally important microorganisms will make efforts to register document and index these knowledge items in public domain. This is to discourage any patenting of the public domain traditional knowledge.
Emphasis has been given to get the unique materials/ genotypes/ accessions registered at different bureaus through proper procedure laid down by different bureaus available on their sites.
For registration of such materials a formal publication depicting unique characteristics and materials in form of seeds or as appropriate is required at the time of submission of application.