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th105 FoCARSFoundation Course For Agricultural Research Service

Digital Repository of Course Materials

• International and National Agricultural Research System in India

• Challenges and Management of Agricultural Extension in the New Millennium

• Production Systems Approach

• Economic Policies and Agricultural Development

• WTO and Agriculture Research and Development

• Copyrights

• Designs as Ips

• Geographical Indicators

• Patents

• Trade Secrets

• Trademarks

• Application of Bioinformatics in Agriculture

• Intellectual Property Rights in Indian Agriculture

Course Coordinators K. Kareemulla and S. Ravichandran

Support Team P. Krishnan and P. Namdev

1

INTELLECTUAL PROPERTY RIGHTS

IN INDIAN AGRICULTURE*

R.Kalpana Sastry1

1. Introduction

Rising population and accelerating economic growth require enhancing

intensification of agricultural practices to meet the increasing demands for

food. The demands would not only be in terms of the quantity of food

produced, but also of its quality. It is increasingly being realized that

some of these challenges can be overcome through more innovative

approaches for technology development and creating better concerted

diffusion systems to benefit more stakeholders. Notwithstanding successes

in higher food grain production over the four decades in making India food

secure, it is now documented that some of the existing practices have led

to stress on natural resources including water and soil. Problems leading to

the energy crisis, deterioration of soil health, and declining water resources

are some of the critical areas needing more innovations approaches to

make agriculture more sustainable (Kalpana Sastry et al,2010a). Keeping

the guiding principle of inclusive growth in view, the current approach at

the national level is to rebuild agriculture as an important source of

livelihood generation both in the farm and non-farm sectors and ensure

that there is adequate and nutritive food for the growing population. For

instance, the recent initiative of the Government of India through SETU

(Self-Employment and Talent Utilization) under National Institution for

Transforming India (NITI Aayog, 2016) is one such step with several

opportunities for support of start-up businesses, and other self-

employment activities, particularly in technology-driven areas including

those impacting agriculture-production systems (PCS).

In India, the concept of commercialization of technology from R&D is

relatively new in most sectors; especially in agriculture. The Government

of India has recently announced the “National Intellectual Property Rights

(IPR) policy (GoI, 2016a). The policy advocates promotion of a holistic

1 Joint Director, NAARM

105th FOCARS

2

and conducive ecosystem for catalysing the intellectual property for

economic, socio-cultural development and protecting public interest. The

policy document put forth seven objectives namely i) IPR awareness:

outreach and promotion, ii) generation of IPRs, iii) legal and legislative

framework, iv) administrative management, v) commercialization of IPR,

vi) enforcement and adjudication and vii) human capital development. The

policy aims at strengthening the national initiatives such as “Make in

India” (GoI, 2016b), “Skill India” (GoI, 2016c), “Start Up India” (GoI,

2016d), “Smart Cities” (GoI, 2016e), “Digital India” (GoI, 2016f). The

flagship programme of the Government like Start Up India aims at

building a strong ecosystem for nurturing innovations and Start-ups in the

country (GoI, 2016d). Under this, Atal Innovation Mission (AIM) is the

action plan envisaged with the focus on promotion of entrepreneurship and

innovation in sectors such as manufacturing, agriculture, health and

education (GoI, 2016d).

2. Current Statutory IP Laws in India vis-vis Agri-based

Technologies in India

The WTO-TRIPS agreement of 1995 (WTO,2016), which is binding on all

member countries including India, provided for minimum norms and

standards in respect of protection of IPR in several categories: patents,

copyrights, trademarks, plant varieties, geographical indications, industrial

designs, layout designs of integrated circuits, and trade secrets. This

agreement led India to put in place a set of appropriate and compliant

mechanisms and instruments. Some of the legal instruments passed by the

Indian Parliament as part of compliance process to the TRIPS include The

Patents Act, 1970 (39 of 1970), The Patents (Amendment) Act, 1999 (17

of 1999), The Patents (Amendment) Act 2002 (38 of 2002), The Patents

(Amendment) Act 2005 (15 of 2005), The Geographical Indications of

Goods (Registration & Protection) Act, 1999 ( Office of Controller

General of Patents Designs and Trade Marks,2016) and The Protection of

Plant Varieties and Farmers Rights Act, 2001 (PPV FR Act) (53 of 2001)

(PPV&FR Authority. 2016.) Apart from these, the Government of India

also enacted an umbrella legislation called the Biological Diversity Act,

2002 (No.18 of 2003). (NBA,2008) as part of the country‟s commitment to

Convention of Biological Diversity (CBD). There is no specific IPR Act to

provide protection for undisclosed information (trade secret). The Indian

Contract Act of 1872 and common law have provisions covering this with

the Ministry of Law and Justice as the nodal agency (Sudhir

Kochhar,2008). A compilation of the major types of IP assets in

National Academy of Agricultural Research Management

1. Session on this topic-105 FOCARS. Jan2017.ICAR-NAARM. 2. To be used as part of academic reading during the course of FOCARS 105 [Jan 5 to April4, 2017 by

the scientist-trainees only. ICAR-National Academy of Agricultural Management. Hyderabad.

agriculture R&D with their qualifying attributes under relevant legislations

in India is presented in Annexure. The broad institutional mechanisms,

legislative provisions and potential returns to the stakeholders of agri-

value chain are also depicted. Considering special nature of use of bio-

resources and traditional knowledge (TK) in agriculture, the various

provisions and legal mechanisms for protection of these are also

enumerated.

3. IP and Technology Management in ICAR System

The IP&TM scheme launched by the ICAR during 2008 is a driver

towards implementation of the policy (ICAR, 2014). Capacity building of

the manpower engaged in the scheme formed the primary focus of the

initial implementation process leading to series of awareness building and

sensitization programmes. These initiatives resulted in emergence of a

pool of about 100 trained IP professionals across the system.

Notwithstanding initial apprehensions on IP protection towards stimulate

investment in research in agriculture (Kumar and Sinha, 2015), these

initial steps of ITMU scheme grants led to the building of vibrant IP

ecosystem in the NARES. In terms of visible gains, the number of filings

under various IP categories have increased significantly in last ten years

(ICAR,2014c). The recent recognition of ICAR as an organisation

through grant of the „Thomson Reuters India Innovation award 2015‟ is

yet another testimony to this fact (Thomson Reuters 2016). Thus a viable

governance mechanism (ICAR,2014a) gives a conducive environment for

and necessitate an understanding of regulatory and statutory laws in the

country for better positioning of technologies and related products and

services in markets. Only then can it lead to trigger better opportunities for

business in this sector.

Recent reports of agri-start-ups successfully bringing new technologies in

markets signify this fact. For example, the success of Barix, a start-up

advocating eco-friendly, low cost crop protection methods to increase crop

produce and quality at low cost. (Amit Tiwari, 2016) There are other

successful start-ups like BIOSAT which uses Biochar based organic Soil

Amendment Technology as an soil additive, Nashik-based start-up,

MITRA (Machines, Information, Technology, Resources for Agriculture)

which works on improving mechanization at horticulture farms with the

use of R&D and high quality farm equipment like sprayers (Rashmi

Ramesh, 2015). These instances are early-stage successes of technologies

in agriculture leading to commercialization and setting of agri-start-ups. In

105th FOCARS

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the current ecosystem, start-up trend in India is picking up in academic

and R&D institutions (Raghavi Rao Kodati, 2016), where researchers are

looking beyond just publishing or licensing technologies to the industry.

This isalso relevant for technologies applicable in agri and food sector.

4. Concluding Remarks

Summarized below are few points for R&D professionals and technology

developers engaged agricultural research in NARES to consider:

i. Current legal framework India affords several opportunities for R&D

outputs with applications in agricultural PCS to be protected. Multiple IPs

and portfolio building is possible and may be harnessed for building

business models for technology developers.

ii. Compliances with regulatory bodies on use of agro-biodiversity and

related knowledge is mandatory. These should form part of SOP for due

diligence during the entire process of technology development and its

transfer.

iii. Capacity building for R&D professionals in IP and technology

commercialization should be intensified

iv. Technology developers or seekers for plant protection technologies

should be encouraged through enabling ecosystem and enter as start-ups.

These should form part of curriculum at University level in line with

National IP Policy.

v. Encouraging the use of IP informatics for research projects proposals

and execution as part of due diligence processes for understanding

technology push and market –pull forces before R&D investments are

made. This would more useful for technology development in SME sector.

Thus, the early successes in transferring technologies as businesses signal

positive returns on R&D investments. This is further accelerated through

the fillip given by current GOI policies on innovation, incubation

including building vibrant ecosystem for triggering start up culture in

agriculture sector. Researchers and technology generators in agricultural

sector need to recognise these opportunities and re-orient their R&D

efforts. Such efforts will not only bring innovation to combat crop losses

but also bring a more vibrancy and better returns in agribusinesses

engaged in this sector.




5. References and Suggested Further Reading

i. Amit Tiwari. (2016). Notable Indian Start-upsIn Agriculture Space!

February 22, 2016. At: http://techstory.in/agriculture-startups-india/.

[Accessed on June17, 2016].

ii. CGIAR, 2014. Old knowledge and new science: using traditional

knowledge in CGIAR research. January 15, 2014. At:

http://www.cgiar.org/consortium-news/old-knowledge-and-new-

science-using-traditional-knowledge-in-cgiar-research/ [accessed on

May19 2016.]

iii. David Castle, Peter W.B. Phillips, Abbe Brown, Keith Culver,

Daniela Castrataro, Tania Bubela, Shawn Harmon, Graham Dutfield

and Patricia Barclay.2010. Knowledge Management and The

Contextualisation of Intellectual Property Rights in Innovation

Systems. SCRIPTed. Volume 7, Issue 1, April 2010 DOI:

10.2966/scrip. 070110.32

iv. GoI, (2016a), National Intellectual Property Rights Policy.

Department of Industrial Policy and Promotion. Ministry of

Commerce and Industry, Government of India.

v. GoI, (2016b), Make in India, Available online on

http://www.makeinindia.com/home. Accessed on 14-04-2016.

vi. GoI, (2016c), Skill India, Available online on http://skillindia.gov.in/.

Accessed on 14-05-2016.

vii. GoI, (2016d), Action Plan: Start Up India, Available online on

http://startupindia.gov.in/. Accessed on 14-05-2016.

viii. GoI, (2016e), Smart Cities, Available online on

http://startupindia.gov.in/. Accessed on 14-05-2016.

ix. GoI, (2016f), Digital India, Available online on

http://www.digitalindia.gov.in/. Accessed on 14-05-2016.

x. ICAR, (2006), ICAR Guidelines for Intellectual Property

Management and Technology Transfer/Commercialization. Indian

Council of Agricultural Research, New Delhi.

xi. ICAR, (2014a), ICAR Rules and Guidelines for Professional Service

Functions. Indian Council of Agricultural Research, New Delhi.

xii. ICAR, (2014b), ICAR Guidelines for Internal Evaluation and

Forwarding Research Papers to Scientific Journals and Data

Management in ICAR Institutes. Indian Council of Agricultural

Research, New Delhi.

xiii. ICAR, (2014c). National Agricultural Innovation Foundation. XII

Plan EFC document approved.

105th FOCARS

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xiv. Indian Patent Office, Guidelines for processing of patent applications

related to traditional knowledge and biological materials. Available at

http://www.ipindia.nic.in/iponew/TK_Guidelines_18December2012.p

df. Accessed on 06.03.2013.

xv. KalpanaSastry,R and Srivastava A. (2013). Emerging Intellectual

Property Regimes and Traditional Knowledge Systems in Indian

Agriculture. In: Indigenous traditional Knowledge for Promotion of

Sustainable Agriculture, edited by V S Babu, K Suman Chandra & S

M Ilyas (NIRD, Hyderabad, India), 2013, pp.145-160.

xvi. KalpanaSastry, R., H. B. Rashmi and N. H. Rao,.(2010).

Nanotechnology for enhancing food security in India. Food Policy

Volume 36 (3): 391-400.

xvii. Kochhar, Sudhir. (2008). Institution and capacity building for the

evolution of IPR regime in India: Protection of Plant Varieties and

Farmers Rights. Journal of Intellectual Property Rights.Vol. 13,

January 2008, pp.51-56

xviii. Kumar, V and Sinha, K, (2015.) Status and Challenges of

Intellectual Property Rights in Agricultural Innovation in India”.

Journal of Intellectual Property Rights. Vol. 20, pp. 288-296

xix. NBA, (2008). The Biological Diversity Act 2002. At:

http://nbaindia.org/content/25/19/1/act.html [ Accessed on May

20,2016]

xx. NITI Aayog, (2016). National Institution for Transforming India.

At:http://niti.gov.in/content/self-employement-talent-utilization.

[Accessed as on May 26,2016].

xxi. Office of Controller General of Patents Designs and Trade Marks.

(2016). http://www.ipindia.nic.in/IPActs_Rules/IPActs_Rules.htm.

[Accessed on June 15,2016]

xxii. PPV&FR Authority. (2016) Protection of Plant Varieties & Farmers'

Rights Act, 2001. http://www.plantauthority.gov.in/gazette.htm.

[Accessed on June 15,2016]

xxiii. Raghavi Rao Kodati .(2016).Why Academic Startups in India Have

it Trickier Than Most ? The Wire. 30.5. 2015.At:

http://thewire.in/39372/why-academic-startups-in-india-have-it-

trickier-than-most/. [accessed on june 15,2016]

xxiv. Rashmi Ramesh (2015). 10 technological innovations that are

revolutionizing Indian agriculture. Sep 14, 2015. At:

http://www.thealternative.in/business/10-technological-innovations-

revolutionizing-indian-agriculture/ [Accessed on June 15,2016]

xxv. Samuel, M.P., Sastry, Kalpana. R., Venkattakumar, R, (2014), “Status

and prospects of IP regime in India: Implication for Agricultural




Education”. Journal of Intellectual Property Rights, Vol. 19, pp. 189-

201

xxvi. Shawn Harmon, Graham Dutfield and Patricia Barclay (2010).

Knowledge management and the contextualisation of intellectual

property rights in innovation systems, SCRIPTed, 7 (1) (2010) 32.-43

xxvii. Thomson Reuters (2016). Thomson Reuters India Innovation

Award. Available online on

http://interest.ip.thomsonreuters.com/InnovationAwards. Accessed on

14-05-2016.

xxviii. TKDL.2016. Bio-piracy of Traditional Knowledge. In : Traditional

Knowledge Digital Library. Collaborative Project of Council of

Scientific & Industrial Research (CSIR), Department of Ayurveda,

Yoga & Naturopathy, Unani, Siddha and Homeopathy (AYUSH). At:

http://www.tkdl.res.in/tkdl/langdefault/common/Biopiracy.asp?GL=E

ng [accessed on June19 2016.]

xxix. WTO, (2016). Overview: the TRIPS Agreement. At:

https://www.wto.org/english/tratop_e/trips_e/intel2_e.htm [Accessed

on June 15,2016]

6. Task for the Class

i. The class is divided into groups of 5-6 members.

ii. Each group will be given a set of base documents relevant to area

allotted to that group.

iii. Your task is to discuss among each member the documents given for

30 minutes and make a group presentation on the learnings gained by

the group.

iv. After this and based on the class discussion, the group has to complete

the list of prospective technologies from R&D which can under that

specific IP form.

105th FOCARS

8

Annexure

Current Statutory IP Laws in India vis-vis Agri-based Technologies in

India

Table 1 - Institutional mechanism(s), legislative provisions for specific IP and related forms

of knowledge and resources for agricultural technologies

S.

No

IP Legislation Administrat

ion

authority

Qualifying

attributes

Indicative

list of

prospective

technologie

s in

agricultural

sector*

Potential

stakeholder

(s) to benefit

1. Patent Patents Act,

1970

and

amendments

thereon

Controller

General of

Intellectual

Property

Rights

Novel, non-

obvious,

capable of

industrial

application

and not fall

within the

provisions of

Section 3 and

4 of the

Patents Act,

1970; Also

Statutory

Compliance

with Section

10 for those

innovators

based on

biological

resources

Inventors,

traders,

economy




2. Design Design Act,

2000and

amendments

thereon

Controller

General of

Intellectual

Property

Rights

New or

original;

significantly

distinguishable

from known

designs or

combination of

known designs

Industry;

SMEs

3. Trademark Trade Marks

Act,

1999and

amendments

thereon

Controller

General of

Intellectual

Property

Rights

Capable of

distinguishing

features of

goods and

services,

capable of

graphical

representation,

used or

proposed to be

used to identify

goods/services

Industry/SME:

products and

service sector

4. Geographical

indication

Geographica

l Indications

(Registration

and

Protection)

Act, 1999

Controller

General of

Intellectual

Property

Rights

Specific

geographical

origin,

possessing

qualities,

reputation or

characteristics

that are

essentially

attributable to

that place of

origin

Communities,

traditional

practitioners,

knowledge

holders

5. Copyright Copyright

Act,

1957and

amendments

thereon

Controller

General of

Intellectual

Property

Rights

Original

expressions of

ideas,

creations

Creators of all

works

6. Integrated

circuit design

Semicondu

ctor

Integrated

Controller

General of

Intellectual

Original; not

commercially

exploited

Electronic

industry,

traders, SMEs

105th FOCARS

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*Adapted from Samuel et al, 2014 and also on based on data collected by

the author from various sources.

Circuits

Layout-

Design Act,

2000

Property

Rights

anywhere in

India or in a

convention

country;

inherently

distinctive;

inherently

capable of

being

distinguishable

from any other

registered

layout-design

7. Plant varieties Protection

of Plant

Varieties

and

Farmers‟

Rights Act,

2001

Chairperson,

Protection of

Plant

Varieties and

Farmers‟

Rights

(PPV&FR)

Authority/Re

gistry

New, distinct,

stable and

uniform

Plant breeders,

farmers,

industry

8. Biodiversity Biological

Diversity

Act, 2002

Chairperson,

National

Biodiversity

Authority

(NBA)

Biological

resources,

herbal

remedies,

associated

traditional

knowledge

Knowledge

holders,

farmers,

communities,

researchers,

etc.

9. Traditional

knowledge

None Secretary of

the

concerned

Ministry

(ies)

Traditional

knowledge/

genetic

resources

Knowledge

holders in

communities

by sharing of

accrued

knowledge

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