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The course will be divided into five modules. The first module will introduce the course and discuss various IPRs. It will also broadly establish the strategic relevance of the management of IPRs in the current Indian context. Module II will highlight some basic conceptual and strategic issues relating to IPRs in the context of specific types of IPRs. The role of IPRs in licensing arrangements and strategic alliances will be covered in Module III. Module IV will cover issues relating to internal assessment of IPRs and the role of reward systems, and valuation of IPRs. The final module will try to provide an integrated view of various strategic dimensions of IPRs.
The purpose of this module is to provide an overview of the course, the nature of IPRs and their strategic relevance. Sessions 1: Type of IPRs and Strategy
This session will discuss various types of IPRs including patents, copyrights, trademarks, trade secrets, industrial design, integrated circuits, plant protection and geographical indications. In addition, these sessions will provide a brief overview of the various strategic issues relevant vis-a-vis IPRs, so that the subsequent sessions can be seen in a larger context.
R. Bishnoi (1999), "How to File a Patent?", IIMA., mimeo and Indian Patent act as amended trill 2001
The recent cases relating to Neem and Haldi will be discussed in detail to sharpen the understanding of the key strategic and policy issues. The issues relating to geographical indications will also be covered here. Readings: A.K. Gupta (1995), "Patents on Neem – Part I and Part II Part - I (Honey Bee Volume No. 6, Issue No.3, July-September 1995, pp 6-8) Part – II (Honey Bee Volume No. 6, Issue No.4, October-December 1995, pp 6-8) Neem-mania, What else?, Down to Earth, November, 1995, pp.52-53 Patents on Neem: Will They Deprive Indian Farers of Their Right to Use It as a Pesticide? BiotechnologyLaw Report, 1996, pp 6-14 A.K. Gupta (1998), "Basmati and Haldi". IIMA mimeo The Geographical Indications of Goods, (Registration and Protection) Act 1999 Rewarding Traditional Knowledge and ensuring equitable sharing of benefits ( anil k gupta, 2002, mimeo, paper prepared for WIPO, Geneva)
Readings:
The main focus of this module will be to use real life cases to appreciate the strategic relevance of some specific IPRs.
Patents related issues have been most vigorously debated in India in the context of the pharmaceutical industry. Strategies open to Indian pharma firms will be discussed in the context of a few live cases. Readings:
Sessions 7: Cases in IPR and benefit sharing Many of the recent IPR related cases in India have been trademark violations. Some of these cases, including the Samsonite versus VIP case will be discussed to highlight the new challenges facing the Indian firms as the boundaries between trade-mark, trade-dress and industrial design are beginning to merge. Readings: The role of intellectual property rights in the sharing of benefits arising from the use of biological resources and associated traditional knowledge, Anil K Gupta, 2001 Case 2: India Case 3: Nigeria
Readings: Competitive Strategy for Agricultural Exports Through Value addition: The Intellectual Property Rights Perspective, AnilK Gupta, 2002 Session 10: Securing and Commercialising IPRs of Public and Private Sector Firms: The Experience of NRDC Presentation: how public sector firms deal with technology brokering
One of the main advantages of clear IPRs is that it facilitates technology transfer through licensing, strategic alliances and other types of contractual arrangements. Issues relating to these types of inter-firm linkages will be discussed here. Sessions 11: IPRs and Licensing Strategies The nature and scope of IPRs impinge on strategies of licensors as well as licensees of technology. Some key issues involved in the licensing process will be discussed here. Readings:
MODULE IV: MANAGEMENT OF IPRs: INTER AND INTRA-ORGANISATIONAL ISSUES Generation of intellectual property and its appropriability is often dependent on the way technology is commercialised. Inter-firm networks may need to be built to develop and commercialise technologies. Similarly, intra-organisational arrangements which provide rewards and therefore incentives to be innovative. Internal assessment processes of intellectual property generated in an organisation has is implications for firm strategies to protect it. These two dimensions will be covered here.
Evaluating the commercial viability of IPRs is a difficult task. Some methods used for this purpose will be discussed here. Readings:
Often appropriability of intellectual property can be enhanced through strategic alliances and networks. This is particularly the case with new technologies with high rates of obsolescence. Reading: A.K. Gupta (2002), "Strategies of NIF, and GIAN in Technological and Entrepreneurial Networking", IIMA. (Tobe circulated later) Session 14: Managing IPRs: Role of Organisational A recent case of NRDC mediated transfer of technologies developed in a public sector lab highlighted the role of internal incentive structures in strategically leveraging the technologies developed in house. In the absence of such mechanisms, all conventional methods of technology transfer (licensing etc.) may remain inadequate in appropriating the full benefits of the technology developed. Readings: S.P. Fox (1998), "Intellectual Property Management", in P.H. Sullivan (1998), Profiting from Intellectual Capital: Extracting value from Innovation, John Wiley & Sons, 142-156. Session 15: Managing IPRs: Internal Assessment of Technology Most companies have internal processes of evaluating technologies before they are patented and or commercialised. The major issues involved in this process will be discussed in the context of one company's assessment procedures? Part of the assessment mechanism (which often has to precede any R&D programme) is to search for similar or related innovations/inventions. The availability of databases has helped these search processes tremendously. Some aspects of search strategies will also be covered here. Session 16: IPRs and Environment Reading: Environmental Implications of Intellectual Property Protection (IPP): Can individual and community conservation ethic and creativity be rewarded through IPP, Anil K Gupta, 2001,UNEP, Geneva
Reading: Review of Debate in the inter-governmental Panel on Access to Genetic Resources, Traditional Knowledge, Benefit sharing and Folk lore protection, WIPO, Anil K Gupta, 2002 Session 18: Ethical Issues and INTELLECTUAL PROPERTY RIGHTS The right over life( biotechnology industry and GM crops and animals) and other related issues will be discussed in a two hour workshop Draft Report on the Follow-up of the International Symposium on "Ethics, Intellectual Property and enomics" (Working Group of the IBC on the follow-up of the International Symposium on “Ethics, Intellectual Property and Genomics”) Rapporteur: Justice Michael Kirby Paris, 29 August 2001 http://www.unesco.org/ibc/index.html Ethics & Intellectual Property Rights by Michael Gros and Rabbi Dr. Asher Meir, published in Values for Management,2001, http://www.besr.org/library/index2.html#ipr
ppts/fernande.pdf
Mechanisms for agriculture, 2001 http://www.farmfoundation.org/pubs2/ Panel drafts principles on intellectual property and conflicts 2001, MIT policy on intellectual property rights conflicts http://web.mit.edu/newsoffice/tt/2001 |
