India's Journey Toward an Effective Patent System

Abramson, Bruce

World Bank, Washington, DC

关键词: ADVISERS;    ALGORITHMS;    ANALOG;    BASIC;    BIOTECHNOLOGY;   

DOI  :  10.1596/1813-9450-4301
RP-ID  :  WPS4301

学科分类：社会科学、人文和艺术（综合）

来源: World Bank Open Knowledge Repository

【 摘 要 】

The decade following India'saccession to the World Trade Organization'sTrade-Related Aspects of Intellectual Property ushered innumerous changes to the country's patent system,culminating in a series of amendments in 2005.But afunctioning patent system is more than a statute.Thispaper discusses the steps that India must still take todevelop an effective, functioning patent system capable ofattracting foreign direct investment, motivating domesticinnovation and education, and filtering its benefits to allelements of Indian society, including the poor and thepossessors of traditional knowledge.The analysis combinesdata studies of historical and recent patenting activity inIndia and by Indians, interviews with Indian governmentofficials, intellectual property attorneys, industrialists,and researchers, and lessons gleaned from patent systemsabroad.It identifies critical needs and concrete steps tomeet them.Improving public awareness of therevenue-generating potential of patents will enhanceincentives for the participation of individuals and smalland medium enterprises in the patent system. Formalizingguidelines for patents derived through government researchfunds-coupled with needed changes in institutionalgovernance-will enhance prospects for technology transferfrom laboratories to commercial markets. Compensationschemes for traditional knowledge will extend the benefitsof intellectual property rights to the poorest members ofsociety.This paper's recommendations would help Indiaachieve both a fully functioning patent system and amechanism for ensuring that poor people living traditionallifestyles receive their share of the social gains that aworking innovation system can confer.