ITMU & IPR Cell

INDIAN GRASSLAND AND FODDER RESEARCH INSTITUTE, JHANSI - 284 003 INDIA
Institute Technology Management Unit (ITMU)/ Intellectual Property Right (IPR Ce
ll)
At IGFRI under the guidance of ICAR, Krishi Bhawan the ITMU is established and t
aking care all the cases/ procedure related to Intellectual Property (IP) as per
ICAR guidelines for Intellectual Property Management and Technology Transfer/ C
ommercialization 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 committe
e viz., ITMC also exist to take the final decision on commercialization of techn
ologies generated at Institute. Compositions of the committees are:
ITMC
Dr. K.A. Singh, Director - Chairman
Dr. A.K. Roy (IPR Expert) - Member
Dr. K.C. Pandey - Member
Dr. A.K. Ray - Member
Dr. D.R. Malviya (Technical expert) - Member
Dr. S.K. Das - Member Secretary
ITMU
Dr. S.K. Das - Chairman and Nodal Person
Dr. P.K. Pathak - Member
Dr. S.B. Maity - Member
Dr. Suresh Kumar - Member
Dr. D.V.K.N. Rao- Member
Dr. Vikas Kumar
Mr. A.K. Srivastava - Member Secretary
Mr. Sunil Tripathi - Research Associate
There are different forms of Intellectual Properties (IP) and they are largely
1. Patent
2. Protection
3. Collective mark/ trademark
4. Copyright
5. Design
6. Traditional knowledge
Patent
Patent is granted if it possessed following three main characteristics
1. "New / Novel" in global sense
2. "Non-obvious" in the sense that it involves an inventive steps
3. "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 applic
able). The following research results in ICAR, for example, will constitute the
patentable IP:
1. Various microorganism based formulations, such as those of bio-control agents
, biofertilizers, specific dairy catalysts, etc., and the processes for their us
e.
2. Various genetically engineered microorganisms for an array of specific uses,
such as biodegraders, bio-stimulants, bio-protectants, etc., and the processes r
elated to their application/use.
3. Novel dairy and horticultural products, bye-products, such as enzymes, and pr
ocesses for their production and use.
4. Plant based agro-chemicals, their purification and testing processes, and var
ious formulations.
5. Diagnostic kits.
6. Agricultural machinery, implements, and laboratory equipment.
7. High value compounds from terrestrial, aquatic and living systems, such as an
imal rumen, internodal cavities of bamboos, etc.
8. Novel genes from microbial and higher biological systems; research tools of g
enetic engineering, such as gene primers, constructs, and gene transfer tools li
ke gene gun, etc.
9. Information systems and software, etc.
10. Patentable part of know-how, for scaling up of research results or manufactu
re 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 i
f one proved that has been isolated and has some significant industrial applicab
ility.
Protection
1. Protection of Plant Varieties:
The Protection of Plant Varieties and Farmers' Rights Act was passed by the Indi
an Government in 2001. For a variety to be eligible for registration for protect
ion the variety must conform to the criteria of novelty, distinctiveness, unifor
mity and stability (NDUS).
ICAR varieties of field, horticultural and agro-forestry crops, including the ne
w, extant, essentially derived varieties (EDV), and transgenic plant varieties p
rotected as per the PPV&FR Act/ plant variety protection (PVP) laws of other cou
ntries will constitute its protectable IP. These include
â ¢ a. All extant varieties of ICAR, i.e., the previously notified varieties under s
ection 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 earlies
t.
â ¢ b. 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
First phase:
â ¢ Cereals: Rice, wheat, maize, sorghum, pearl millet
â ¢ Legumes: Chick pea, mung bean, urd bean, field pea, rajmash, lentil, pigeon pea
Second phase: (Notification made on 31st Dec 2007)
â ¢ 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:
Third phase:
â ¢ Oil seeds: Rapeseeds, mustard, groundnut, soybean, sunflower, safflower, castor,
sesame, linseed
Sugarcane:
â ¢ Fodder crops: Lucerne and berseem
â ¢ Vegetables: Tomato, brinjal, okra, cauliflower, cabbage, potato, onion, garlic
â ¢ Flowers: Rose and Chrysanthemum
o d. ICAR plant varieties and transgenic plants, protectable as per corres
ponding PVP laws of other countries, in the form of PVP certificate, plant paten
t, etc.
o e. Essentially derived variety: Retention of essential characteristics o
f genotype
o f. Farmers variety: Cultivated by farmers or having knowledge of wild re
lative 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 paten
ts or variety protection. Improved breeds/ strains developed in ICAR, however, c
onstitute valuable assets. To check their misuse or exploitation, ICAR will deve
lop a system of their registration and documentation, at the respective National
Bureaus of Animal and Fish Genetic Resources for quickly placing them through d
isclosure 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 use
d in good faith by ICAR institutions, for example 'PUSA' by Indian Agricultural
Research Institute or 'Arka' by Indian Institute of Horticultural Research, whic
h are also well known for a long time, may be used/ registered and used as their
respective trademarks along with the collective ICAR mark.
4. Copyright
ICAR's copyright exists in all its institutional creations/ works, viz., publica
tions, audio-visuals, designs, computer programmes, etc., whether unregistered o
r registered. Scientists and other staff of ICAR will, however, have copyright o
ver their individual, literary and scientific creations/ works.
5. Designs
Designs of any commercial value, developed in ICAR, may be protected as register
ed designs under the Designs Act or under the Copyright Act as per law. 6. Any O
ther IPR Form On a case-to-case basis, any research result of ICAR, which is pro
tectable as IPR in any other form under the Indian law, shall be protected and m
aintained for its IPR enabled transfer and use.
7. Know-How
A know-how available with ICAR, which could lead to development of prototype/ co
mmercial product from an IP generated by its scientists/ scholars, constitutes a
n important, potentially useful property, irrespective of whether it is patentab
le or not. Such know-how may be utilized for strategic commercial use in the tec
hnology production chain. ICAR may protect such know-how as trade secret. Theref
ore, a confidentiality agreement with the other party shall be entered into befo
re any demonstration of the technology or its validation or scaling up is undert
aken.
8. Traditional Knowledge
The Indian Patents Act and some other IPR Acts require a disclosure of tradition
al knowledge used in the invention/innovation. Accordingly, ICAR shall also disc
lose 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 re
sources bureaus for plants, animals, fish and agriculturally important microorga
nisms will make efforts to register document and index these knowledge items in
public domain. This is to discourage any patenting of the public domain traditio
nal knowledge.
Emphasis has been given to get the unique materials/ genotypes/ accessions regis
tered at different bureaus through proper procedure laid down by different burea
us available on their sites.
For registration of such materials a formal publication depicting unique charact
eristics and materials in form of seeds or as appropriate is required at the tim
e of submission of application.