Q5. What is the present world scenario of intellectual property rights with respect to life materials? Although India is second in the world to file patents, still only a few have been commercialized. Explain the reasons behind this less commercialization.

Approach

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Introduction

In the rapidly evolving landscape of biotechnology and genetic research, the intersection of intellectual property rights and life materials has become a global focal point. While India stands as a powerhouse in patent filings, a glaring disconnect emerges between innovation and commercialization. This paradox raises critical questions about the efficacy of India's IP ecosystem. 

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Global Intellectual Property Rights Scenario on Life Materials

• Biotechnology patenting is expanding globally, with ethical concerns: The rapid development of biotechnology has fueled global patenting activities, raising moral concerns over genetic ownership and manipulation of living organisms.some text
  • For example, CRISPR gene editing technology patents raised ethical debates on genetic manipulation. 
• Gene Patenting and Genetic Engineering: Myriad Genetics patented the BRCA1/2 genes for breast cancer, sparking global debates on genetic monopolies and human rights. 
• Public health vs. private patent holders' interests clashing:  The debates over COVID19 vaccine patents highlighted the difficulty in balancing profits with global public health needs, leading to calls for temporary waivers. 
• Ownership debates on Indigenous bioresources intensifying: The Arogyapacha plant of Kerala was patented by a US company, sparking local protests for violating India's Traditional Knowledge Digital Library (TKDL) system. 
• Patent commercialization particularly in genomics and agriculture fuels NorthSouth technology transfer disparities. 

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Reasons Behind Less Commercialization 

• Stringent regulatory frameworks delay market entry for biotech innovations. some text
  • For example,  Bt Brinjal’s commercialization has been postponed for years due to regulatory hurdles. 
• Weak linkages between research institutions and industry partners hinder the practical application of patented technologies. 
• Lack of financial support for transitioning from lab scale to commercial scale production affects commercialization potential. 
• Insufficient expertise in IP valuation, licensing, and negotiation hampers the effective commercialization of patented innovations
• Traditional academic metrics prioritizing publications over patents and technology transfer impact commercialization rates.
• High costs associated with maintaining and enforcing patents globally. Pharma companies spend millions annually on patent litigation. 

Way Forward 

• Implement efficient, transparent regulatory mechanisms to accelerate market entry for innovative life science products. 
• Integrate IP management courses into science curricula to cultivate a culture of innovation and commercialization. 
• Create dedicated units with skilled professionals to facilitate IP commercialization and industry partnerships. For example, IIT Delhi’s FITT model 
• Create targeted approaches for areas like biopharmaceuticals, agribiotech, and bioinformatics to address unique commercialization challenges. 
• Facilitate easier connections between patent holders and potential licensees to increase commercialization opportunities. 

Conclusion

In conclusion, addressing the disconnect between India's patent filings and commercialization requires streamlined regulations, enhanced industry collaboration, and focused support for biotechnology. This transformation can unlock the potential of life materials, fostering innovation that benefits society and drives economic growth. 

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