Anil k Gupta

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International Conference on Creativity and Innovation at Grassroots-ICCIG : Dec 3rd-5th (noon) at TUFE, Tianjin, China and Dec 7th - 8th, 2012 at IIM, Ahmedabad

Course Outline

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Advanced course on MANAGEMENT OF INTELLECTUAL PROPERTY RIGHTS in Agricultural Sector

INSTRUCTOR
Prof Anil Gupta, Wing 13, ext. 4927

 

AREA

Centre for Management in Agriculture

 

SCOPE AND OBJECTIVES

Nurturance of creativity and innovation in a society is crucial for making it competitive in the wake of globalization. Protection of intellectual property rights( IPRs) plays an important role in giving boost to the inventive and innovative activity in any society. IPRs signify a social contract between the society and the inventor. In lieu of the disclosure of the invention, society allows the inventor to exclude others from utilising the invention for any commercial purpose without authorization or license from the inventor for a given period of time. The importance of IPRs can be gauged from the fact that most globally competitive corporations strategically protect their intellectual properties in all potential markets/countries by filing patents, trademark protection or other IPR arrangements. For Indian enterprises to compete globally, recognition and reward of innovations and inventions is imperative. IPRs provide one of the major instruments for doing so.

 

In agriculture sector, the role of IPRs is becoming even more important because much of the R and D has been concentrated in public sector so far and private sector R and R is only emerging slowly. However, for technology development with in the country as well as for its acquisition from abroad or transfer to other countries, IPRs may play an important role.

 

The provisions of TRIPS (Trade Related Intellectual Property Rights) agreed upon by most countries of the world as the consequence of GATT and WTO require individuals and institutions engaged in inventive activity to protect the same through a harmonised patent law within a specified period depending upon the economic situation of the country concerned. Knowledge of various kinds of IPRs equip a manager and an organisational leader to not only develop mechanisms within the firms to protect the IPRs but also to acquire external intellectual property through licensing.

 

India has already enacted Plant Variety and Farmers’ Rights Act last year. The course will involve detailed examination of this act so that we can learn about the options for seed industry and plant cutting industry.

 

IPRs are increasingly becoming an important competitive instrument in the liberalising Indian economy. It is, therefore, imperative for today's managers and research scholars to have some basic understanding of the IPRs and their potential strategic relevance. Provision of such an understanding is the purpose of this course. It aims to sensitise the students not only to the international contexts of various kinds of IPRs and emerging trends in the global trade arena but also generate awareness about the basic rules involved in complying with the provisions of TRIPS.

 

The course will generate awareness about the strategic role IPRs play in safeguarding intra corporate as well as individual inventive activities. More specifically, it will have the following objectives:

  1. Expose the participants to the basic concepts of IPRs, their coverage and scope.
  2. Provide some insights into the strategic role of IPRs in the current Indian context.
  3. Generate understanding of issues relating to the management of IPRs within an organisation.
  4. Enable the participants to appreciate the role of policy in the strategic management of IPRs.
  5. Equip the participants with some practical aspects of patent drafting and reading if necessary through interactions with external experts.

It is hoped that the course will help explore the process of negotiations involved in intra and inter organisational IPR disputes so that in future one safeguards the globally respected standards and avoids costly disputes. It will also provide some insights into the dynamics of licensing of IPRs for competitive advantage. Finally, the role of IPRs in some specific sectors of India economy such as seeds, biodiversity, herbal drugs, biotechnology, , etc., will be looked into so as to understand the dynamics of IPR protection and commercialisation better.

 

This course is slightly modified version of the course on the subject being taught in general PGP by Profs. Rakesh Basant and Anil K Gupta and in ABM by Prof Anil K Gupta..

 

PEDAGOGY AND EVALUATION

Lectures and student presentations will be the main vehicle of learning in this course. Assignments and project re ports will supplement this. The sessions will be of two hours duration. For a few sessions Visiting Faculty may also be invited.

 

Grading Scheme
It is going to be one and a half unit course and evaluation will be based on class presentations, project work and final exam:

  • Class Presentations 40%
  • Project Report 30%
  • Final examination 30%
   
COURSE DETAILS

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.


MODULE I: IPRs AND THEIR STRATEGIC RELEVANCE: AN OVERVIEW
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.


Readings:

  1. R. Basant (1998), “Intellectual Property Rights: A Note”, IIMA, Mimeo.
  2. Anil K Gupta,.(2001). “Do Patents Matter : An overview of patent by Indians in USPTO till August, 2001.
  3. R A Mashelkar “Intellectual Property Rights and the Third World”.CSIR, New Delhi www.sustsci.harvard.edu/ists/TWAS_0202/mashelkar_undated.pdf
  4. Patent Basics. www.iprindia.org
  5. Anil K Gupta (2000). “Towards a Learning Society”: Transforming KITE (knowledge, information, technology and education) network., IIMA mimeo
  6. Laurence R., Hefter and Litowitz Robert D.“Protecting Intellectual Property”. Prosperity paper No. 7, p.1-20. http://usinfo.state.gov/products/pubs/archive/prosper/prosper7.htm

Session 2: Filing Patent Applications: Procedural and Strategic Issues
The requirements and process of filing a patent application will be discussed. Strategic concerns relating to the content of the application will also be explored.


Reading:
R. Bishnoi (1999), "How to File a Patent?", IIMA., mimeo and Indian Patent act as amended trill 2001


Session 3: Traditional Knowledge & Geographical Indications: Issues Arising out of Neem, Haldi & Basmati Cases
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.


Reading:

  • 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)

Session 4 and 5: Plant variety and Farmers’ Rights act : analysis of India law on the subject ( two sessions)


Reading:

  • Plant Var and FR act , 2001 , copy
  • Review of Plant Variety acts of different Countries , Anil K Gupta, 2002
  • Implications of WTO On Indian Agriculture: The Case Of Intellectual Property Rights And Emerging Biosafety Protocol, 1999; IIMA WP No.99-10-06, October 1999, published as a chapter in the book entitled, Implications of WTO Agreements for India Agriculture. Samar K Datta ad Satish Y. Deodhar (Eds.). Calcutta and New Delhi, Oxford & IBH Publishing Co.Pvt.Ltd., (2001), Chapter 10; pp.245-307

MODULE II: IPRs AND THEIR STRATEGIC RELEVANCE: SOME CASES
The main focus of this module will be to use real life cases to appreciate the strategic relevance of some specific IPRs.


Sessions 6: Patents: The Indian Pharmaceutical Industry


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:

  • Herbal drugs and neutraceuticals,
  • A.K. Gupta (1998c), "Case of Zantac". IIMA mimeo
  • A.K. Gupta (1998), "Strategic Opportunities in Managing IPRs: Biodiversity, Drug Industry and Emerging Options". IIMA Working Paper No.98-12-11
  • Framework for rewarding indigenous knowledge in developing countries: Value chain for grassroots innovations, Anil K Gupta, 2002

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 1: Mali

Case 2: India

Case 3: Nigeria

 

Session 8 and 9 : Role of IPR in Competitiveness ofIndian Agriculture

Recent study of competitiveness of six export crops of Gujarat from Intellectual property rights perspective as a part of a committee on WTO and Agriculture set up by Gujarat Govt., has revealed interesting insights. The finding so this study will be discussed along with practical insights about how to analyze intellectual property rights data for such commodities. Analytical framework will be developed in the process.

 

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

 

MODULE III: IPRs, LICENSING AND STRATEGIC ALLIANCES

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:

  • R.C. Megantz (1996), “Licensing Strategies" in R.C. Megantz (1996), How to License Technology, John Wiley & Sons, 71- 90.
  • A.K. Gupta (1998f), "NRDC’s Particle Board Case", IIMA.
  • P.H. Sullivan (1996), "Key Terms and Strategic Positioning" in R.L. Parr & P.H. Sullivan (1996), Technology Licensing, Corporate Strategies for Maximizing Value, John Wiley & Sons, 15-26.
  • J.A. Nickerson (1996), "Strategic Objectives Supported by Licensing" in R.L. Parr & P.H. Sullivan (1996), Technology Licensing, Corporate Strategies for Maximizing Value, John Wiley & Sons, 63-82.

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.

 

Session 12: Issues Relating to Commercialisation of IPRs

Evaluating the commercial viability of IPRs is a difficult task. Some methods used for this purpose will be discussed here.

Readings:

  • S. Khoury (1998), "Valuing Intellectual Properties", in P.H. Sullivan (1998), Profiting from Intellectual Capital: Extracting value from Innovation, John Wiley & Sons, 335-356.
  • S.P. Sullivan (1996), "The Importance of Context in the Derivation of Royalty Rates" in R.L. Parr & P.H. Sullivan (1996), Technology Licensing, Corporate Strategies for Maximizing Value, John Wiley & Sons, 177-186.

Session 13: Managing IPRs: Role of Networks and Strategic Alliances

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


Incentive Mechanisms

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

Session 17: International Context for IPRs and access to genetic resources

 

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

 

Session 19: Prior Art search: workshop on pursuing prior Art search and identifying novelty of an invention Intellectual Property and Patent Strategy, 2002

Session 20: Disputes around INTELLECTUAL PROPERTY RIGHTS: discussion on the conflicts emerging globally as well as with in India: selected cases will be taken up from trade mark, copy rights and patent related cases fro discussion in the class

Panel drafts principles on intellectual property and conflicts 2001, MIT policy on intellectual property rights conflicts

Session 21: Presentation of project work

 
MTSA Course

 

PGP-ABM

III Term/2002 - 2003

One Unit
MANAGEMENT OF TECHNOLOGY FOR SUSTAINABLE AGRICULTURE

Anil K Gupta
Indian agriculture has made spectacular gains since mid sixties, thanks to the green revolution. However, the growth achieved earlier is becoming difficult to sustain. The declining productivity of various inputs. has become a major constraint. One has to use more water, fertilizer, pesticides, energy, and other inputs to get the same amount of output. The crisis in agriculture sector has become even more serious in the post GATT phase of increased global competitiveness and reduced ability of state to subsidize various inputs. The nature is also finding difficult to continue to bear with all the negative externalities. And yet biotechnology and other newer technologies in the field of precision agriculture are opening new avenues of possible growth. In some cases, these technologies also raise ethical dilemma, which we need to confront and deal with adequately.

 

It is often argued that since the average level of consumption of chemical inputs in developing country is much lower than in developed countries, there was no cause of concern. It is also assumed that decline in productivity was inevitable as a ’normal’ natural resource function. These assumptions are questioned in this course.

 

Although the growth processes in agricultural sector have been affected by several factors, including declining public and private investment, and supply of credit, in this course we have focused only on the technological and ecological factors. What are the challenges before research planners and corporate leaders engaged in technological change in making a transition to sustainable agriculture? This course provides to the participants, an understanding and appreciation of not only difficulties lying ahead but also concrete alternatives that are emerging from alternative agriculture movement with in India and abroad ( particularly the Honey bee experience). The course also tries to highlight the potential that exists for organic and non-chemical agriculture in European as well as domestic markets. Experience with regard to linkage between consumers and producers of alternative agriculture in various countries will also be shared.

 

Case studies based on innovations by farmers as well as ecopreneurs will particularly be highlighted to understand the emerging technological frontiers. The role of the low external input technologies in making Indian agriculture globally competitive will be discussed in the light of post GATT and CBD (Convention on Biological Diversity) agreements. The role of Intellectual Property Rights, Farmers’ Rights (under FAO Undertaking on Plant Genetic Resources) and other provisions of WTO dealing with non-actionable subsidies for making transition to sustainable agriculture, will also be discussed. The implications of discussions on trade and environment in Committee on Trade and Environment under WTO will be reviewed with specific reference to IPRs, Biotechnology and environmental standards. The issues related to biosafety protocol, precautionary principle, risk in transgenic crops for environment and human safety will also be dealt with.


Pedagogy and evaluation:

 

The course participants will evolve initiatives that corporate leaders and research managers can take in making the transition through project work. In addition, students will be encouraged to make class presentation on at least one topic aided by the faculty. Each session will be of two hours duration unless otherwise specified. Evaluation will be based on following outputs:


OUTPUTS WEIGHTAGE

  • Class presentation 25 per cent
  • Quizzes 15
  • Project Report 35
  • Final Test 25
 

 

 

 
 
 
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