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OVERVIEW OF AGREEMENTS IN R&D AND TECHNOLOGY TRANSFER RAVINDERJIT SINGH, CEO AGRINNOVATE INDIA LIMITED (A GOVT OF INDIA ENTERPRISE)

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OVERVIEW OF AGREEMENTS IN R&D

AND TECHNOLOGY TRANSFER

RAVINDERJIT SINGH, CEO

AGRINNOVATE INDIA LIMITED

(A GOVT OF INDIA ENTERPRISE)

INCEPTION OF AGIN

Apex body for coordinating, guiding and

managing research and education in

agriculture in the entire country.

Commercial Arm for National

Agricultural Research System

To be a centre of excellence in teaching,

research and extension education in the field

of agriculture and allied sectors in North

East India

INDIAN COUNCIL OF AGRICULTURAL RESEARCH

The Council is the apex body for coordinating, guiding and managing research

and education in agriculture including horticulture, fisheries and animal sciences

in the entire country. With 101 ICAR institutes and 71 agricultural

universities spread across the country this is one of the largest national

agricultural systems in the world.

Divisions

1. Crop Science

2. Horticultural Science

3. Natural Resource

Management

4. Agricultural Engineering

5. Animal Science

6. Fisheries Science

7. Agricultural Education

8. Agricultural Extension.

CROP SCIENCE

27

15

5 All-India Network Projects.

National Institutes

All-India Coordinated

Research Projects

Focus: (i) Food and Fodder Crops,

(ii) Oilseeds and Pulses,

(iii) Commercial Crops,

(iv) Seeds,

(v) Plant Protection, and

(vi) Intellectual Property Rights.

HORTICULTURE SCIENCE

23

13

6 All-India Network Projects.

All-India Coordinated Research Projects National Institutes

National Institutes

Focus:

• Fruits including nuts,

• Vegetables including potato, tuber crops, Mushroom,

• Ornamental plants including cut flowers,

• Spices,

• Plantation crops and

• Medicinal and Aromatic plants

Focus:

• Land Resource Characterization, Management & Land Use Planning

• Soil Health, Nutrient & Water Management

• Management of Problematic Soils – Saline, Alkaline, Acidic and Waterlogged Soils

• Soil and Water Conservation-Watershed Management

• Crop Diversification

• Rainfed /Dryland Farming

• Agroforestry, Arid Land & Weed Management

• Development of Integrated Farming Systems

• Evaluation of Resource Conservation Technologies

14 National Institutes

NATURAL RESOURCE MANAGEMENT

Focus:

• Molecular signatures for indigenous resources

• Exploitation of genetic resistance

• Buffalo and goat genomics

• Stem cell research for animal health and production

• Nutrigenomics, Nutraceuticals, Functional foods

• Probiotics/ prebiotics

• Diagnostics and immuno prophylactics

• Recombinant DNA vaccines.

• Monitoring and surveillance for trans border diseases.

• Design of new generation and indigenous drugs.

• Value addition, shelf life enhancement and

• Quality assurance of livestock and poultry products

ANIMAL SCIENCE

18

23

7

3

All-India Coordinated Research Projects

Mega Seed Project

(Poultry, Sheep and Pig)

National Institutes

All-India Network Projects

Focus :

• Capture Fisheries (Marine & Inland)

• Aquaculture: (Freshwater, Brackish water, Mariculture &

Coldwater)

• Fish Genetics & Biotechnology

• Harvest & Post- harvest

• Fishery Engineering

• Fishery Education

8

3

National Institutes

All-India Network Projects

FISHERIES SCIENCE

AGRICULTURAL EDUCATION

71+

5

2

4

Central Agricultural Universities

Central universities with Agricultural Faculty

State Agriculture Universities

Deemed to be UniversityFocus:

• To plan, promote and coordinate agricultural

education in the country.

• To enhance the quality and relevance of higher

agricultural education in the country.

• To strengthen the Agricultural University

system for developing quality human resource

in agriculture and allied sciences.

Focus :• Assessment, refinement and demonstration of

technology/products

• Training of farmers

• Single window delivery system for technology products, diagnostic services and information

• Development of gender-specific technologies

• Creating awareness of improved agricultural technologies among the farmers

Krishi Vigyan Kendra (KVK) is a front-line agricultural extension center of ICAR.

600 +KVK 44

ATIC

A “single window” support system linking the various units of a research institution with intermediary users

and end users (farmers) in decision making and problem solving exercise.

AGRICULTURAL EXTENSION

3All-India Network Projects

6All-India

Coordinated Research Projects

6National Institutes

5Consortium

research platforms

AGRICULTURAL ENGINEERING

ICAR-Central Institute of Agricultural Engineering, Bhopal

ICAR-Central Institute of Post-Harvest Engineering & Technology, Ludhiana

ICAR-Central Institute for Research on Cotton Technology, Mumbai

ICAR-National Institute of Research on Jute and Allied Fiber Technology,

Kolkata

ICAR-Indian Agricultural Statistics Research Institute, New Delhi

ICAR-Indian Institute of Natural Resins and Guns, Ranchi

ICAR INSTITUTES - AGRICULTURAL ENGINEERING

1

2

3

• Farm Mechanization & Precision Farming, CIAE, Bhopal• Energy in Agriculture CIAE, Bhopal• Health Foods, CIPHET, Ludhiana• Secondary Agriculture CIPHET, Ludhiana• Natural Fibres, CIRCOT, Mumbai

• Harvesting, processing and value addition of NRGs, IINRG. • Conservation of Lac Insect Genetic Resources, IINRG, Ranchi• Agricultural Bioinformatics and Computational Biology, IASRI, New

Delhi

All-India Coordinated

Research Projects

Consortium research

platforms

• AICRP on Farm Implements & Machine, CIAE, Bhopal• AICRP on Ergonomics and Safety in Agriculture, CIAE. • AICRP on Energy for Agriculture and Agro-based industries, CIAE,

Bhopal• AICRP on Increased Utilization of Animal Energy with enhanced

system efficiency, CIAE, Bhopal• AICRP on Post-Harvest Engineering & Technology, CIPHET• AICRP on Plasticulture Engineering & Technology, CIPHET

All-India Network

Projects

PROJECTS AND PLATFORMS

Robotics and

Drones

Energy

management

and utilization

Processing and

utilization of by-

products

Post-harvest management

Utilization of surplus

agricultural residues

Precision

machinery

Functional/Nutraceuticals

foods

ThrustAREAS

Increasing work

efficiency

AGRINNOVATE INDIA LIMITED

Agrinnovate India Limited was incorporated under the Companies Act, 1956 (No.1 of 1956) on 19th October, 2011. It is a ‘For profit’ Company owned by

Government of India, under the administrative control of DARE, Ministry of Agriculture.

Stimulate, foster, enhance and catalyze innovation and capacity driven agricultural development through partnerships

Enhancing pace of agricultural development through efficient use of innovations, human resource and

capabilities of National Agricultural Research System (NARS)

1 To protect, manage, commercialize and Distribute Intellectual Property for Public Benefit.

To produce, market and popularize of ICAR’s products, processes and technologies in India and Abroad.

To provide consultancies, contract research, contract service, customized capacity building in India and Abroad.

To provide technical support for turnkey projects on production and processing plants

To create public-private partnerships in research, education and other capacity building endeavours.

2

3

4

5

AGIN -OBJECTIVES

Commercial

refinement

and up-scaling

Technology

Validation

Research &

development

Concept

Definition Need

Assessment

IP development

Prior Art Analysis

IP Surveillance

Product/technology clearance IP Surveillance Infringement

Technology

commerciali

zation

IP landscaping Technology Mapping IP enabled technology

portfolio development

Creating IP environment and need based technology development

Technology validation

Refinement and commercialization

TECHNOLOGY GENERATION & COMMERCIALIZATION CYCLE

International Projects Bilateral Programs, Trainings & Tech Transfer

Technology Management & Transfer

IP Protection, Technology transfer, Up scaling

Market researchTechnical Feasibility, Market assessment, Strategic Business Plan,

STRATEGIC AREAS

Research Projects, Consultancy & PPPTurnkey, Contract research, Research collborations

Seed and Planting Materials

Agro processing machinery/farm

implements

Veterinary and Fish technology

Value Added food products

Inputs & Know How

National Agriculture Research System

Indian Council of Agriculture Research

Central Agricultural Universities

State Agricultural Universities

SECTORS OF OPERATIONS

DARE

ICAR INSTITUES

Research & Development

Technology generation

IP ProtectionTechnology

TransferCommercialization

Roles and Functions

INNOVATION ECOSYSTEM

INDUSTRYITMU/DABD

AGRINNOVATE

INNOVATORS

SAU CAU

R&D

Refers to creative work undertaken on a systematic basis in order to increase the stock of

knowledge, including knowledge of man, culture and society, and the use of this stock of

knowledge to devise new applications.

Source: OECD

TECHNOLOGY TRANSFER

Is the process of sharing of skills, knowledge, technologies, methods of manufacturing, samples

of manufacturing and facilities among the institutions to ensure that scientific and

technological developments are accessible to a wider range of users who can them further

develop and exploit the technology into new products, processes, applications, materials or

services.

Source: Wikipedia

UNDERSTANDING THE GREAT DIVIDE

Commercial Entity

Profit Driven – P&L

Research: short to Mid term

Focus on Applied Research

Defined Products or Services

Core Business Focused

Knowledge creation and dissemination

Research: Mid to Long term

Focus on Basic Research

Non Commercial Entity

Not Profit Driven

AGREEMENTS

Every agreement is unique, reflecting the particular needs and expectations of parties

Agreement = Offer + Acceptance

CONTRACT

The Indian contract Act 1872, Section 2(h) defines the term contract as an agreement

legally enforceable by law.

Contract = Agreement + Legal obligation (Enforceable by Law)

DISTINCTION BETWEEN AN AGREEMENT AND A CONTRACT

AGREEMENT

◦ Offer and its acceptance constitute an agreement

◦ An agreement may or may not create a legal obligation

◦ Every agreement need not necessarily be a contract

◦ Agreement is not concluded or binding contract

CONTRACT

◦ Agreement and its enforceability constitute a contract

◦ A contract necessarily creates a legal obligation

◦ All contracts are necessarily agreements.

◦ Contract is concluded and binding on the concerned parties

LEGAL RULES AS TO OFFER

• Certain and unambiguous terms

• Intention to create legal relationship

• Different from an invitation to offer

• Proper communication

• No term of non-compliance of which amount to acceptance

• Communication of special terms

• Different from a mere declaration of an intention

AGREEMENTS IN R & D AND TECHNOLOGY TRANSFER

Types of Agreements Stages

Co

nfi

den

tiality

Preliminary Agreements

• NDA

• CA

Initial negotiations

Collaboration

Contract researchR & D

Material transfer Due diligence/exploitation

Licensing Agreements

Sales

Joint venture

Exploitation

GENERAL CONSIDERATIONS

Preamble

Definitions

Contracting parties

Contract Number

Dispute Resolution

Choice of law

Jurisdiction

Indemnity

Duration

Warranty / Liability

Modification

Waiver

Severability clause

Force Majeure

Survival of obligations

Counter parts

Signatures

CONFIDENTIALITY

CONTENT

Definition of Confidential Information

Term of Confidentiality

Use of Confidential Information

Duration

Documents / Material

CONTRACT RESEARCH

CONTENT

Subject matter of research

Protection

Ownership

Access Rights

Exploitation

Publication

Timelines

Obligation of sponsor to cooperate

Payment

Subcontracts

COLLABORATIVE RESEARCH

Sharing of Technical/Finance

CONTENT

R&D obligations

Ownership

Access Rights

Exploitation

Protection

Publication

Financials

Timelines

Disputes settlement

AIMS

Common Goal

Joint planning of R&D project

Self financing of work shares

Sharing of results

MATERIAL TRANSFER AGREEMENT

CONTENT

Material

Payment

User Right

Ownership

Access Rights

Exploitation

Protection

Publication

Confidentiality

WHAT TO TRANSFER

Sale

License

Joint Venture

LICENSE AGREEMENT

CONTENT

Grant of license

Type, Right & Territory

Payment

Type, Royalties, Due & Control

IP ownership

Improvements

Obligation of Parties

Handholding & Training

JOINT VENTURE

CONTENT

Purpose

Type of entity

Duration

Management

Financial considerations

Commercial Consideration

Recruitment

Collaboration

New Initiatives

Activities

Closure

IPO

TO CONCLUDE

• The more everything is spelled out, the less confusion about what you're agreeing to.

• Being specific helps to avoid misunderstandings, which can escalate into bad feelings and

enmity where there was originally trust and collaboration.

• Clarity in an agreement provides an outline for your work or activity.

Thank you

NatickDhanyawaad

ArigatoDanke

Grazie

Merci

Dalu

Shukran

Jaarama Zikomo

You can find me at

[email protected]