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Ramesh Shankar, Mumbai October 31 , 2017
The Indian Council of Medical Research (ICMR) has released the Handbook on Intellectual Property Rights & Technology Transfer which will help increase awareness among ICMR scientists to help them protect all new knowledge before publication.


This document, which has detailed FAQs on Intellectual Property Rights, is an effort by the ICMR in the direction to increase awareness of IP protection before publication. The booklet has been prepared by a group of experts under the chairmanship of Professor Seyed Hasnain.

The ICMR's initiative in this regard is significant as despite several efforts, the awareness of IPRs in the ICMR network of scientists and extramural researchers was still far from optimal. There is some innovative research done in the nation-wide network of ICMR laboratories that is still getting published before IP protection. The present FAQs on Intellectual Property Rights is another such effort in the direction to increase awareness of IP protection before publication.

According to senior ICMR officials, the concept of patent-and-publish has assumed significance since 2005 when India became fully compliant with the global IPR regime viz., the Trade Related Intellectual Property Rights (TRIPS). The TRIPS mandates uniform patent protection systems across the globe and the earlier process patent regime in drugs and pharmaceuticals in India shielded our people from higher cost of medicines no longer exists. We therefore need to innovate and compete globally which is at once a challenge and an opportunity. Simply put the ICMR and India needs to create systems to both innovate and forge alliances to bring out affordable products of public health importance to Indian people. The council has been seized of this issue for long and has taken steps to promote creation, protection and exploitation of new IP. IPR Unit was set up in the ICMR headquarters in 1999.

Ever since its creation in 1999, the IPR Unit has been striving hard to promote innovation and research that would lead to patentable leads. The Unit has geared itself over to create an inventor-friendly system for scientists to consider protection of new knowledge created as new intellectual property before publication in peer reviewed journals. Several steps have been taken to that end which includes bringing out the first IPR Policy in 2000. This was followed by the creation of Innovation and Translation Division in 2013. For the past hundred years, scientists working within and with support from the Indian Council of Medical Research have been carrying out high quality research to achieve its objectives. Any new information/data generated in the laboratory are immediately published for its widest dissemination and application for public good.

Typically it has been noticed over the years that scientists of the Council are keener to publish in the best possible journals as it would lead to peer recognition in a highly competitive world. We have devised a system for ensuring that the new inventions/leads obtained in the laboratory are eligible for patent protection. For this purpose, a simple, structure new inventions reporting proforma has been devised to help researchers report their new inventions. In a short period, we inform the scientists whether the new inventions are eligible for patenting or not. If it does not fulfill the criteria, they are advised to publish. Those leads that are patentable, we advise researchers to simultaneously help us file prepare the patent application along with the preparation of the manuscript for publication. Once the patent is filed, they could mail the manuscript for publication.

This system has worked reasonably well and many researchers (both intra and extramural) are becoming increasingly conscious of the need and importance of protecting such new knowledge generated through appropriate IPR systems before publication. The results of our efforts are visible: the Council filed only 15 patents for the first 80 years. Since 1999 over 140 patents have been filed. Two things standout- scientist with support from ICMR have been doing innovative work but the support systems have either unavailable or inadequate. Secondly, the recognition that patents lead to products for use in the Indian public health system that will help create especially diagnostics and vaccines for diseases exclusively prevalent in India and other poor countries that do not attract the interest of multinational pharma companies.

Despite these efforts, we still believe that the awareness of IPRs in the ICMR network of scientists and extramural researchers is still far from optimal. We believe that there is some innovative research done in the nation-wide network of ICMR laboratories that is still getting published before IP protection. The present FAQs on Intellectual Property Rights is another such effort in the direction to increase awareness of IP protection before publication, officials said.

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