Review on Webinar by Dr. P. Ganguli in collaboration with "Informatics" on "IPR"
People in the Panel –
1. Mr. N.V. Sathyanarayan
2. Mr. Anand Byrappa
3. Dr. Prabuddha Ganguli
4. Mr. Sanjay Grover
In a recent Webinar on “Intertwining Research with Intellectual Property Rights for Value Enhancement”, conducted by "Informatics Publishing Ltd.", Mr. N.V. Sathyanarayan, addressed the audience and introduced us with Dr. Anand Byrappa as a GE Certified Six - Sigma Belt Holder. He is a Lead in Global Operations.
Further, he introduced us with “Informatics” which has completed it’s 40 years in May 2020. It’s a Pre – Internet Company, which had access to Online Information 35 years ago. Today the world is online. He further said that the World needs a platform for scholarly search. The platform now is in it’s 2nd Version. It would soon be in it’s 3rd Version.
Our next Panelist was Dr. Anand Byrappa who congratulated Informatica for it’s successful completion of 40 years and for giving it's significant contribution in the industry.
He further invited Dr. P. Ganguli to talk on Intellectual Property Rights (IPR).
Dr. P. Ganguli, greeted the audience and introduced us with the Topic of Discussion for the Webinar “Intertwining Research with Intellectual Property Rights for Value Enhancement”.
He explained us that, in this, all the terms are interlinked. Idea ->Research -> Knowledge -> Innovation ->IPR-> Policies. These all are leading to VALUE ADDITION.
Now, the question which arises is that Why do we do this ?
In Dr. Ganguli’s words, We do this for sustained societal growth. for which we need to have decisiveness.
No compromise on Excellence altogether.
We all can’t operate Independently.
There has to be dynamic synergy among all the stakeholders.
Now, the next question which arises is that who are the "Operating Stakeholders" in this?
Wellsprings of Knowledge – They are the Educational Centers, research and Development Institutes.
Knowledge Transformational Channels – These are the places where the Knowledge (converted to) Products/ Services, which are useful for the society. They are our Entrepreneurs and Industries. They deliver to the society.
Nourishing Sources – Funding Sources.
Facilitation Providers – Governments.
These function with the Legal System that are essentially a class of Governance Structures.
They need to ensure that the IPR Rights of any of the Stakeholders is not harmed while the roles are played by each of the Stakeholders.
Further it was stated that, there is a Complex Stakeholder Relationship where the Stakeholders are –
R & D Institutions
Individual Start ups
The Knowledge Providers
These all work in Symbiotic Relationship with each other. All these are put together in servicing people, market and society. It brings value and sustainability to society. For the society to progress, there are some issues and problems which need to be solved for it’s future needs.
For this, Innovation is important. In Dr. Ganguli’s words, Innovation could be in any form. Innovation could be in Technology or some other form like Poetry or it could be in terms of a Marketing Process. Innovation means we are converting our Ideas into some actual thing.
He further explained it to us through Rabindranath Tagore’s words,
“If I can’t make through One Door,
I will go through another Door.
If I don’t find another Door,
I will make a Door for myself.”
So, he explained that, we are constantly going to create options and solutions to our problems.
Hence, Innovation is a Big Challenge.
He further explained about the "Research Trajectory".
He said that we have a lot of things to learn from the past so that we don’t waste time.So, that we don't do the same research again which has been done by someone else. We need to move ahead of that. So, we Archive and do Documentation, we create Databases and Libraries. Hence, here lies the importance of Information Systems. The focus is laid on “Learning from Past in Real Time”. When we get our knowledge of past works and merge it in present time. We unfurl the future. It’s very important for Value Chain.
He further talks about “Research Interwoven with IPR In Research Organizations”
We start with a Concept -> we go through the Innovation Process -> Output -> Release into the Market.
At the Concept Level,
The Problem is identified. The knowledge is gained though open domain and also including IPR. Landscaping is done.
We create strategic options.
We identify and define our Research Problem.
We start our exploratory work. We have Proof of Concept. We decide further that, we have to protect our work through IPR or we have to let it open to world.
We decide how to collaborate with others.
We have to transfer our knowledge to others through IPR or we have to transfer it to others without IPR and how you derive value from that.
We have to create a Portfolio because it becomes an Asset.
We have to then trade with that asset and star tour exploratory work with that.
Check, people are copying you or not. If people are copying you, then you have to impose your Rights over that.
In the entire process, formal documentation is important.
Information Scientists and Researchers play a very important role.
Legal part is Important with respect to the Rules for IPR.
Regulatory Constraints are important.
Next, he talks about the “IP Strategy OODA Loop”.
Dr. Ganguli says that it is very important for the entire Value Chain.
Research can’t be done without knowledge and here the Libraries and the Librarians play a very important role. The Legal Professionals know how to protect all this. Further, the Business Strategies are developed. Further it goes to the market.
Dr. Ganguli says that “Research” involves, developing a group of Concepts. It is a process by which our Research Institutes interact with the Outside world, i.e. the Industry and the society.
He says that, if we are extremely poor, then much of the work done, it does not reach to the market. Here, lies the Importance and the Institution works at “Promotion” at the societal stage.
"Wealth Realization is Important".
When we have an Asset. It has some Potential Value.
Now the question is that What is the Realizable Value of an Asset?
This he explained with the example of a Cup.
If we are holding a Cup, and it is our Asset. And we have decided that it’s Potential Value is Rs.10.
So, we take it to the market. There we observe that, the Market has so many varied kinds of Cups of varied designs and sizes. So, the Realizable Value of the Cup is Rs.2
So, the Ratio of (Realizable Value of Innovation Product) to the (Potential Value of Innovation Product) = 2/10.
So, this, Wealth Realization Concept, he explained to us, with a graph, where the axes were,
Y - axis:- It showed us the above mentioned Ratio of (Realizable Value of IP) to the (Potential Value of IP).
X - axis:- It showed us how the Innovation progresses.
He says that at the Idea and Conception Level, as Researchers, we narrow down our options.
We firstly do, “Prior Art” and then we do Research.
In most of the Research, the Proof of Concept is important.
In this Innovation process, as we move from bottom to top,
Ideas-> Conception-> Crystallize -> Tangible ->Market Acceptability and Penetration -> Competance Sustenance and Product / Technology Life Cycle Considerations.
Dr. Ganguli further says that, "Industry is important". So, the Research part ends here and the Development part starts here. Industry puts a Huge Amount of Investment.
As we are going from Idea Conception Level to the Competance Sustenance Level, we have to manage IPR at every level.
In this process chain,
At the Idea Conception State,
When we go to market, we have certain uncertainties and the Risk to Business is high.
As we go higher in this chain, Risk to Business goes from High to Low.
In this Innovation process, where does the Government’s Role lie?
The Government’s Role is in creating –
National Research Policies
National Innovation Process Policies
National Regulatory Policies
He explains us the concept of “Thoughts to Things” as ,
(Intangible -> Tangible Assets)
IPR is an intangible right but for tangible benefits.
This he explains taking refernce of Einstein’s equation,
here it is, E= mc3,
Innovation Supply Chain Efficiency (E) ~ fn
[Mind(M).Concepts(C1 ). Commerce (C2 ). Competition (C3 )].
When it enhances Competition, then society will get value.
Giving an Example of Oman, through a visual of sunset, Dr. Ganguli said that Post Covid, there is –
Imminent Global Economic Recession
There would be cautioned investments and thus reduction in personal spending.
There would be changes in the ways of consumption.
When people won't have much money, then there would be a demand for affordable products.
There would be divergent prioritized needs.
There would be thrust for innovations.
It will drive synergies, multilateralism and cooperations.
He says Legacy Approach will have to be abandoned. We need to create context of Frameworks for speedy and accountable delivery.
Through another Visual Example of Jabel Sams, he explains that Post Covid,
We need to reconfigure strategies where we have Rugged Terrains to test Human R&D capabilities.
Time for enormous amount of concentration.
Re modelling of Innovation System.
R & D will need a synergy between all stakeholders.
How would we do that, he explains that Post Covid, the priority areas would be-
Affordable access to,
food and shelter
supply chain logistics
smart disaster management
remodeling of education system
There would be tremendous importance for Digital connectivity, new learning/ training including entertainment systems, knowledge sharing modes, data acquisition, analysis and trading, using AI technologies in strategic manner.
Simultaneously we would have to develop Business and Funding models for agile operations.
We need to ask ourselves, when there will be Resource Crunch in the Market, Post Covid, how to use Affordability with Accessibility.
Affordability in the market is an important factor.
How to create cost effective and sharing of resources?
Including inter dependencies through balanced benefit sharing of Intellectual Property Rights & Knowledge in the "open domain". There would be Inter and Intra national benefit sharing of knowledge.
Further he talks about “Imperatives in Post Covid”
He talks about Collective Innovation. We can not come together and create Monopoly. They have to remain competitors. We need to create new models of IPRs. When we have our own Ideas. We have our own IPRs. But still we have to work “without collusion”. How can we come together and work and still remain competitors. This is important because if Businesses will not earn, will not sustain.
So, if we don’t do Research, there will be no Innovation.
He explained to us the Role of Regulatory Agencies and IPR. Giving an example of “black hole” , he says that Black Hole is something where energy only goes in and does not come out. It absorbs all the energy.
So, he says that IPR and all Regulatory Bodies will have to change their modes.
IPR is a major driving force in Research. IPR Holder's Rights are very important. There has to be a balance between Rights and Responsibilities of the IPR Holder.
The IPR Holder needs to understand that if society has given some Rights, then, he has certain Obligations and Responsibilities as well.
Further he talks about the “Issues to be addressed”
Innovations are Orphaned because the Businesses are dying.
Consequences of non- working of Innovations by IP Holders in Reasonable Time. This means that it is important to tell people that if I have a right, how am I using it.
Incentive – Equitable and Knowledge. Creating frameworks for knowledge holders.
In doing all this, how doer 1 makes knowledge available to all stakeholders. So, National
Digital Library comes in role.
NDLI (National Digital Library of India) is initiative by MHRD.
Super inclusive knowledge resource.
It has important repositories from different institutes of India and the world.
It plays an important role in making information available to people and researchers.
It's a best example of how technology is put together along with Information Science.
Here, the Demand for "Information Specialists" arises.
Who can exploit State of Art knowledge, data storage and sharing modes, including Research Information Systems and Digital Libraries with use of AI Technologies.
Enable Peer Review Systems for Research Output Evaluation.
Talks about further, the Periodic Issuance of landscaping reports including IPR status in Research areas to minimize duplication of "prior art".
Publishing industry will go under major transformation and adjust to the digital realities with regard to copyright related issues.
Mentioning a Jio Institute Webinar on "Internationalization of Higher Education" dated 14th May 2020 and taking that as reference, Dr. Ganguly further talks about the Shifting Distribution of the Global Stock of people with Tertiary Education.
Giving a comparison between 2013 and 2030, with a graphical example he explained the global distribution of tertiary educated 25 - 34 year olds in 2013 and 2030.
India and China will take up till 2030.
India today is the youngest country in the world in this respect.
Now, the Important question being asked here is that How do we prepare IPR Literate and Skilled Employable Human Resources in our Educational Institutions.
Next he talks about the “Model IPRinternalise”
It tells how we can train people such that we can create employable people with Right Skills and Create Rich Human Resources.
Dr. Ganguli says, that Regulatory Agencies play an important role as National Contextual Facilitators, rather than Installing “Bureaucratic Cobwebs”.
He says that with respect to Healthcare Industry, Post Covid, talking about Development, Production and Sale of Products, we need to see What is coming to Market and also Why things are not coming to Market.
DCGI is an organization which gives authorization that whether you can market pharmaceutical products. In Emergency and Important Cases, all cases are channelized.
Requirement for approval are identical in line of disease profile/ unmet medical needs.
Risk Alertness is important.
So, these questions are raised for the Regulatory Agencies.
India has layers of Bureaucratic Processes which are very much strained.
If research is been done in Pharmaceutical Areas, there is completeness.
So, these questions need to be addressed.
Even after all clearances are obtained, still, most of the companies are doing clinical trials , abroad, despite of higher costs.
Another issue is that we have to take Clearance from National Biodiversity Board.
So, along with it, we need to address all the issues.
So, if we want to lead the Healthcare Sector in the world, we need to do a lot of Review.
Lastly, Dr. Ganguli explains the Cooperative use of AI Tools and concludes with the following points-
We need Tailored Transformative Innovation Pathways in sustainable manner.
Research community has to prioritize areas for research.
Knowledge and Data Sharing Models – like Social Media and NDLI are important.
National Policies are important.
Further, Dr. Ganguli concludes his presentation and quotes the words of Rabindranath Tagore which he wrote 120 years ago,
“Where Knowledge is Free”
Further, Dr. Byrappa takes up the questions of the audience and Dr. Ganguli addresses the questions.
The first question taken up in the series was “Can Computer Programs be patented ? ”
Dr. Ganguli answered that, In Principle, Computer Programs can be patented. Provided we go into Legal Considerations and we need to prove that program is not for sale.
The next question is about “Democratisation of Data” for which Dr. Ganguli stated that “Democratisation of Data” does not mean that data is open to all. Certain types of data which are required to be made public should be made open to public and everyone has to be qualified to use this efficiently.
Next question was over "Research", in response to which Dr. Ganguli said that when we do research,
We take up a problem, we are solving it. Meanwhile, we invent something.
So, then, we decide that what I have invented for that, do I need to own and take patent etc. or do I need to make it my own Property. So, we should check that we don’t disturb or interfere with somebody else’s IPR. We need to be alert.
The next question taken up, when we are developing vaccines for the Covid, so when will develop that, then, is Compulsory Licensing the first option ?
In response to which Dr. Ganguli said that Compulsory Licensing is never the First Option. It is always the Last Option. The first option is that whoever owns it, there are ways of sharing it. We need to be fare and sustainable. All issues of fair benefit sharing is important. New Business Modes and new IPR are important.
The next question addressed was about “Digital Content Copyright” .
In response to which, Dr. Ganguli said that the Moment we create something, it is our Copyright on that. He gave an example that the moment the Pen comes in contact with the Paper, it becomes a thing of copyright. He tells us that Documentation is very important that when and how we did it.
The next question addressed was “Can IPR be taken as a Career ?”
Dr. Ganguli said that for IPR, we need to firstly understand and learn the terms –
World Intellectual Property Organisation runs the courses.
These courses can be taken up by a person.
We can appear in the exams and qualify them.
Further we take training.
The Next level is we go to teach in a National Level School which needs a lot of training.
Therefore, IPR can be taken up as a Career.
The next question was with respect to the “Novelty of Research”
For which Dr. Ganguli said that, all this information is available in Public Domain, to avoid any duplication of work. So, that we as researchers can do the work ahead of that and not repeat it.
We can access it.
We can search the Databases, to decide our strategy of work so that we don’t repeat the work.
The Next question was about “Government Funded Research”
For which Dr. Ganguli said that we need to train people that how to do Prior Art Research before doing actual Research.
Further Dr. Anand Byrappa carried forward the discussion and said that as he looks back in 2007-2008 when he shifted from GE -> IISc, he looked at the Researches and he says that we can measure a research by the Publications or the Patents.
He said that 97% of the Patent Portfolio is by Corporates.
The recent Government RER Ranking states that the IISc s and the IITs which constitute of the Top 5 Institutes, they have less than 700 Patents and TCS has 5000 Patents. The Academics need to understand the Copyrights and their use.
He gave an example of CCE in USA which have a proper maintained catalogue.
Further Mr. Sanjay Grover thanked Dr. P. Ganguli as a knowledgeable person who explained us the importance of Innovation starting and ending in the words of Rabindranath Tagore through the process of IPRinternalise, redefining the definition of IPR and their Research Processes and value enhancement.
Speaker's Profile :
1. Prof. Prabuddha Ganguli
Visiting Professor, Rajiv Gandhi School of Intellectual Property Law, Indian Institute of Technology (IIT) Kharagpur, Co-Principal Investigator, National Digital Library of India,IIT Kharagpur.
2. Dr. Anand Byrappa
Chairperson of the Webinar
Head, Office of Data & Library JRD Tata Memorial Library Indian Institute of Science, Bangalore.
3. Mr. N.V. Sathyanarayan
Founder of Informatics
Current Chairman and MD of Informatics
4. Mr. Sanjay Grover
CEO - Informatics (I) Ltd.