Premium
How effective are India's model guidelines on implementation of IPR policy for academic institutions? Seeking the answer from the US and the UK experience
Author(s) -
Saha Prabhat K.,
Kaushik Shivam
Publication year - 2021
Publication title -
the journal of world intellectual property
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.334
H-Index - 8
eISSN - 1747-1796
pISSN - 1422-2213
DOI - 10.1111/jwip.12181
Subject(s) - comity , intellectual property , enforcement , government (linguistics) , elite , political science , public administration , public policy , law and economics , public relations , law , sociology , jurisdiction , politics , philosophy , linguistics
Public funded research and inventions play a central role in stimulating innovation in any country. Last year, the Government of India stealthily notified the Draft Model Guidelines on Implementation of IPR Policy for Academic Institutions. The draft guidelines aim to provide a structure embedded in intellectual property rights (IPR) for commercializing university inventions. They prioritize IPR over other methods of technology transfer from academia to the industry. The draft guidelines put India in elite comity of fast‐developing and developed nations which have a similar policy framework in place. But is the spirit of collegiality a reason good enough by itself to embrace a policy? The article comprehensively analyses the draft guidelines, their purported rationale, and consequences that their enforcement would entail. The article presents an Indian perspective against the backdrop of the American and English experience, with their respective academic institutions Intellectual Property Policy frameworks, in an endeavor to extract tangible lessons for India. It is argued that with all the pious intentions with which the draft guidelines have been brought, they are misplaced, inapt, and ill‐judged.