Innovation, Intellectual Proper ty Rights and Indian Railways

Transcription

1 Innovation, Intellectual Proper ty Rights and Indian Railways State of play and a case for a policy on Innovation and Intellectual Property Promotion and Protection (2i3p) Presentation before Financial Commissioner (Railways) and IRAS fraternity 20 December 2012 Railway Board 1

2 Programme for the session Introduction to IPRs Different forms of IPRs Relation to innovation Indian Railways and IPRs Role of IPRs in Railway Systems State of play on IR Conclusion Need for a cogent policy on Innovation and IPRs on IR 2i3p Policy for IR 2

3 Different forms of IPRs Introduction To IPRs 3

4 Forms of IPRs Conventionally 7 forms of IPRs recognised Copyrights Artistic and Literary works and the way they are communicated to the public Undisclosed Information Trade Secrets Patents Products or processes which are new, show innovation and have industrial application Semi-conductor based designs May be too functional for CR and ID Too little inventive step for P Integrated Circuits Trademarks To distinguish between the enterprises producing the product Aesthetics of a product Industrial Designs Geographical Indications Link to the place of origin of a product by quality or by reputation 4

5 Classification of IPRs For Product Differentiation 5

6 Conditions for protection Copyrights Automatic Demonstrated effort for secrecy Trade Secrets Patents Registration Registration Integrated Circuits Trademarks Prior Use and Registration Registration Industrial Designs Geographical Indications Rgistration 6

7 Relation to Innovation Introduction To IPRs 7

8 Relation to Innovation Innovation is a process, natural or planned, in any organisation Creation and assertion of IP Rights is a deliberate legal process IPRs are innovations protected by law All innovations do not result in creation of IPRs Failure to assert ownership of IP may fritter away advantage of Innovation Once IP is created it needs to be recognised and protected 8

9 Role of IPRs in Railway Systems Indian Railways and IPRs 9

10 IPRs on Railways 10

11 Designs Patents Trademarks Copyrights ICs 11

12 Designs 12

13 Designs 13

14 Patents 14

15 Copyrights 15

16 ICs 16

17 Trademarks 17

18 Trademarks 18

19 IPRs on Railway Systems Technology being developed, in-house or outsourced, as well as procured Patents Aesthetics being introduced on coaches, workplaces, public interface places, locomotives Designs Signalling now a semi-conductor based solid-state technology ICs 19

20 IPRs on Railway Systems Effective use of Logo Trademarks Promotional materials being created Technical drawings Copyrights On the job innovations Utility models 20

21 State of play on IR Indian Railways and IPRs 21

22 State of Play on IR ré Innovation and IPRs RDSO and other organisations Create new products and designs Give out development orders Is there a policy regarding formal creation or ownership of IP? 22

23 State of Play on IR ré Innovation and IPRs On the job innovations Grassroots level innovation take place daily on IR In processes In products In expressions Is there a policy to capture and disseminate the same? Need examine the success of the Suggestion Scheme of

24 State of Play on IR ré Innovation and IPRs Development orders IR funds research and gives out development orders for new products No contractual assertions of ownership of the IR created Recipient institution or vendor under no obligation to transfer ownership to IR Recipient institution can vend the same technology in the market and not pay royalty to the IR Why is IR not asserting ownership? 24

25 State of Play on IR ré Innovation and IPRs Working designs being given to vendors to manufacture for IR Two types of designs Developed in-house Acquired under ToT contracts No assertion of ownership of in-house designs Vendor under no obligation not to vend products based on same designs to other customers some may be markets for the IR Need to examine IP content and ownership issues and create hardball clauses 25

26 State of Play on IR ré Innovation and IPRs ToT contracts Technology being procured can have two types of IP content Patents, Designs and Copyrights Know-how First group is time-limited Second variety is tacit knowledge and if a maintained as Trade Secret can be in perpetuity We may be paying for both Are we acquiring only one? Are our payments commensurate to the value of one or both? 26

27 State of Play on IR ré Innovation and IPRs Rampant misuse of IR logo No formal system of encouraging creation of artistic and literary works on the subject of IR Need for public art beyond placing steam locomotives Innovation in business processes Case of successful PRS not being vended by IR/ CRIS 27

28 Need for a cogent policy on Innovation and IPRs on IR Conclusion 28

29 Need for a cogent policy on Innovation and IPRs on IR IR has offensive and defensive interests on Innovation and IP Offensive interests relate to such areas where the IR needs to utilise new IP and benefit from it Defensive interest relates to IP being owned by IR requires protection from possible misappropriation and misuse Need for a policy on both dimensions 29

30 2i3p Policy for IR Conclusion 30

31 2i3p Policy for IR Intent of the 2i3p Policy Promoting innovation on IR Formal and informal innovation takes place in business processes, production processes and development of new products by Railwaymen Incentivising Innovation Institute a reward-based benefit sharing mechanism Capturing and disseminating innovation taking place on IR Make the dissemination aspect of the Suggestion Policy more effective 31

32 2i3p Policy for IR Intent of the 2i3p Policy An Institutional Method to seek solutions to problems related to business processes, technical processes and other technical issues through a system of reward based competition within the Railways 32

33 2i3p Policy for IR Intent of the 2i3p Policy Protecting IP being created on IR Have a policy on patents, designs, copyrights and trademarks Make aggressive protection of Intellectual Property Rights already owned by the Railways a priority Assert ownership of contractually developed IP and seek royalty share for downstream use and derivative products 33

34 2i3p Policy for IR Intent of the 2i3p Policy Getting appropriate value for money for acquired IP Institution of a system of IP audit of all ToT contracts Adopt methods of IP valuation Negotiate contracts on the basis of know-how and IP content Renegotiate contracts where IP content has decreased 34

35 2i3p Policy for IR Intent of the 2i3p Policy Ensuring markets for IR are not usurped using IP of the IR All vendors to be prevented from passing on benefits to downstream clients Royalty-based licensing contracts Where no IP exists, include hardball non-compete clauses (need to identify risk of anti-competitive behaviour and side-step) 35

36 Innovation takes place regularly on the IR Need to institute systems to benefit from such Innovation 36

37 Thank you 37