India and Russia signed here today a crucial
protocol on the protection and the uses of Intellectual Property
Rights (IPR) in pursuance of an agreement signed between the two
sides in June 1994 on scientific and technological cooperation.
The protocol assumes greater significance in the light of the
Integrated Long-Term Programme of cooperation (ILTP) on science
and technology already having been extended for another 10 years
as well as the two sides agreeing to set up a Joint Centre for
technology transfer and commercialisation. The protocol was signed
between the Minister for Human Resource Development and Science
and Technology Dr. Murli Manohar Joshi and the Russian Minister
of Industry and Science and Technology Dr. Ilya Klebanov, in the
presence of the Prime Minister Shri Atal Bihari Vajpayee and the
Russian President Mr. Vladimir Putin, who is currently on a visit
to India.
In this era of globalisation and inter-dependence,
the protection of Intellectual Property Rights has come to play
a greater role. This protocol will serve as a lubricant to smoothen
and quicken the phase of scientific and technological cooperation
and implementation of joint projects. The two sides already having
implemented nearly 200 projects in the first phase of the ILTP,
have identified another 200 and odd projects to be taken up during
the second phase. The protocol will not only help create very
favourable conditions for cooperation but also develop the scientific
relations between the two countries on the basis of the principles
of equality and mutual benefit.
The main objectives of the protocol are, effective
and proper acquisition, distribution, protection, sharing or transferring
of Intellectual Property Rights, created in the process of joint
activity. It also provides for detailed procedures for securing
intellectual property and facilitates the scientists to draw up
joint plan of evaluation and use of results of the scientific
and technological cooperation, settling matters of protection
and sharing to the intellectual property, securing protection
of confidential information, transfer of technologies and compliance
of the export control regulations procedure of settling disputes
and other matters in accordance with the protocol. Sharing the
rights and benefits in third countries will be determined by the
government or the participating scientists on the terms and conditions
mutually agreed upon, as spelt out in the protocol. Financial,
scientific, technological and other contribution including preceding
intellectual property would be taken into account while sharing
the IPR. The participating scientists will provide for equitable
inventors and authors remuneration and differences if any, in
respect of distribution of the rights of intellectual property
will be settled by mutual consultation between them. In case the
dispute is not settled this way, it would be referred to the authorities
of the government i.e. the Department of Science and Technology
for the Indian side and the Ministry of Industry and Science and
Technology on the Russian side, for consideration.
On copyrights, any dissemination or publication
of the results, whether final or interim of any joint scientific
or technological research / collaboration, will be decided mutually
by the participants / scientists.
