Why it's important for the government to make its collaboration agreement public ?

 

The government must have a forward-thinking attitude. The adaptability of this platform has significant public health benefits. Trials are being conducted to utilise it to treat additional illnesses like Zika, Zoster, and Rabies in addition to the use it now receives for Covid. This platform technology may be used to treat a number of additional infectious and non-infectious diseases, such as TB, malaria, dengue, and perhaps even cancer, auto-immune diseases, and diabetes.

One pharmaceutical business cannot possibly investigate all of the technology's potential uses due to its adaptability. True value can only be released by extensive research, sensible regulation, and appropriate use. Therefore, it is necessary to increase technology accessibility.

However, there is a danger to having access to this technology. The government has flat-out refused to make public the terms of its partnership with Gennova. Prashant has filed a complaint against this denial with the Delhi High Court. The government is required to disclose public-private partnership agreements in accordance with precedent established in the case of Navroz Mody v. Mumbai Port Trust.

Locking up the cooperative agreement is terrible news for initiatives in public health. The general public, scientists, academics, and other industry participants—all of whom can help make this technology work effectively—are unaware of the intellectual property rights that surround it. Collaboration contracts typically include important information regarding the invention, scientific and manufacturing procedures, ownership of the intellectual property rights, research programmes, collaborator rights, resource allocation, etc.

Separately, presuming that these are genuinely trade secrets, the government should create open procedures to promote technological transfer rather than locking them up. The government can accomplish this by promoting technological cooperation and providing knowledge to private enterprises or academic institutions. These initiatives will draw investors into India, boost industry adoption, and stimulate innovation around this new technology given that the mRNA platform is attracting interest from all corners of the globe. Transparent and appropriate licencing agreements that can broaden access to this technology can help researchers and business partners forge productive connections. Instead of standing its ground, the government should make the collaboration agreement public and work to widen access to technologies that have the potential to significantly improve public health.

The utility model system (UMS) was primarily created to protect discoveries that might only entail minor changes and might not adhere to the strict criteria for patentability. These technologies, like the Mitti Cool Refrigerator, are ground-breaking in and of themselves, have broad applicability, and are pertinent to start-ups and SMEs in developing nations like India.

Therefore, IPO must spread the information included in patent documents more widely. Though the interface and access to the patent information are already available online, they are not very user friendly. Programs specifically aimed at raising awareness among start-ups, MSMEs, and academic institutions on the use of patent information for technological development can also be developed.

The Indian Patent Office (IPO) has undergone significant process reforms over the past five years, including the online processing of forms, new deadlines for application processing, videoconferencing hearings for patent cases, expedited examination for inventors from startups and government agencies, etc. The start-up ecosystem is projected to grow as a result of the faster assessment of patent applications for start-ups, small businesses, and government agencies. Patent applications will be processed more quickly, which will help startups and academic institutions demonstrate the value and industrial viability of their idea.

This suggests that startups will have simple access to venture capitalist funding, and it suggests that academic institutions will find it simple to transfer technology.

The Indian Patent Act covers a variety of minor matters, including the filing of applications, drafting of provisional and complete specifications, resolving infringement complaints, granting of mandatory directions, issuing of secrecy instructions, and revoking of patents.

Apr 24, 2023

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