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With the product patent regime all set to take over
the existing process patent system in January 2005 in
concurrence with the world trade organisation regulations,
experts say the new regime would boost research and
development activities in the country's industrial sector.
Discussing the 'Preparedness of industry for the new
IPR regime' at the 18th national conference on in-house
R&D in industry in New Delhi, they said the product
patent system had an advantage over the existing process
patent system as it would give "rights to people
over the creation of their minds".
"The new patent policy will support R&D in
a big way as more money will be allocated for the purpose,
benefitting the country's economy in the new era of
globalisation," G A Krishna from Central Food Technological
Research Institute, Bangalore, said at the conference
jointly organised by Department of Science and Industrial
Research and Federation of Indian Chambers of Commerce
and Industry.
It would stimulate and encourage creativity to gain
economic benefits, he said. Pointing out that the new
regime would benefit researchers and companies in a
big way, director, Indian Oil Corporation, N R Raje
said, the new proposals would "actually stop companies
from unlawfully benefitting from others' hard toil."
"Patents encourage technical development and it
is essential for the generation of new ideas and technologies,"
he said. In the process patent system, the burden of
proving infringement of rights lay on the patent owner
but that is not the case in the new regime, Raje added.
The new regime will introduce a new culture of quality
research with complete protection of IPR and competitiveness,"
Goutam Das of Syngene International said.
"Product patent brings returns on investment and
allows new investment into R&D," M N Jagadish,
director of Monsanto Research Centre said.
Cautioning against the practice among some researchers
to publish their research prematurely, Das said, "this
would hamper commercialisation of the invention."
"Even innocent disclosure could lead to loss of
intellectual rights. Paper should be published only
after proper documentation," he said.
Saibal Dutt of ST Microelectronics said that maintaining
patent portfolio was important for preventing duplication
of invention. Krishna said industry should identify
portfolio management as a "business activity."
Proper patent portfolio management would enhance one's
credibility and would help in forging strategic business
alliances, he added.
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