Answer
Intellectual Property Rights (IPRs) are vital for driving innovation and securing financial returns, particularly in fields like biotechnology and pharmaceuticals. By protecting unique ideas and technologies, IPRs encourage research and development. However, despite India’s position as the world’s second-largest patent filer, the commercialization of these patents remains a significant challenge.

Present World Scenario of IPRs on Life Materials:

• Biotechnological Innovation: Patents on life materials, especially in biotechnological innovations like gene editing, are essential for protecting groundbreaking technologies and driving market leadership.
  For example: CRISPR-Cas9 technology patents have transformed the gene-editing landscape, which allows them to control critical aspects of gene therapy and agricultural applications.
• Intellectual Property Disputes: The rising number of IPR disputes reflects the high stakes involved in biotechnological patents, often resulting in delays and
  For example: The legal conflict over BRCA1 and BRCA2 gene patents between Myriad Genetics and other stakeholders highlighted the ethical challenges of patenting human genes.
• Global Compliance with TRIPS: The TRIPS agreement requires WTO members to uphold minimum IPR standards while allowing flexibility to protect public health.
  For example: India’s compulsory licence for the cancer drug Nexavar enabled its generic production, ensuring affordability while complying with TRIPS and prioritising public health.
• Protection of Indigenous Knowledge: Countries are increasingly safeguarding traditional knowledge to prevent biopiracy through initiatives like digital databases.
  For example: India’s Traditional Knowledge Digital Library (TKDL) has blocked unauthorised patents on turmeric, neem, and basmati, protecting traditional knowledge from exploitation.
• Variability in Patent Laws: Patent laws vary significantly across regions, impacting the extent of protection for biotechnological inventions.
• Ethical and Public Opinions: Public sentiment, particularly in regions like Europe, plays a significant role in shaping patent policies and often leads to stricter regulations.
  For example: European resistance to GMOs has led to strict patent laws, limiting biotech companies from commercialising modified crops.
• Role of International Bodies: Organisations such as WIPO help standardise and guide the complex global IPR landscape, facilitating international patent protection.
  For example: WIPO’s Patent Cooperation Treaty (PCT) simplifies international patent filing, providing global protection for biotechnological innovations requiring multi-country coverage.

Reasons for Low Commercialization of Patents in India:

• Inadequate R&D Infrastructure: India’s evolving research infrastructure, especially in biotechnology, often lacks the advanced facilities needed for developing market-ready products.
• Financial Barriers: High costs of patent filing, maintenance, and commercialization hinder innovators, particularly startups and small enterprises.
  For instance: Indian startups often struggle to secure funding beyond the initial patent filing, limiting their ability to develop inventions into market-ready products.
• Regulatory Delays and Inefficiencies: Lengthy and complex regulatory processes often delay the commercialization of biotech products, reducing their market potential.
• Weak Industry-Academia Links: The lack of strong collaborations between academic institutions and industries impedes the commercial translation of patented technologies.
• Challenges in IP Enforcement: Inadequate enforcement of IPRs and prolonged legal battles discourage investment in patent commercialization.
• Deficient Market Strategies: Many patent holders lack the expertise and market networks necessary to bring their inventions to market, limiting their commercial potential.
  For instance: Innovators often lack access to market analysis, business development skills, and industry connections that are critical for turning patented technologies into successful products.
• Sparse Public-Private Partnerships: Limited public-private partnerships in India’s biotechnology sector restrict the commercialization of biotechnological patents.

Way Ahead to Improve Commercialization of Patents in India:

• Enhanced Government Funding and Incentives: Increased funding and incentives from the government can help reduce financial barriers and encourage commercialization.
  For example: Initiatives like the Atal Innovation Mission and BIRAC provide critical funding and support to startups, helping bridge the gap between patent filings and market entry.
• Regulatory Reform for Efficiency: Streamlining regulatory procedures can significantly cut down approval times, making it easier to commercialise patents.
  For instance: Introducing a single-window clearance system for biotech products would expedite approvals, allowing patented innovations to reach the market more quickly.
• Strengthening Industry-Academia Collaboration: Enhancing collaborations between research institutions and industry can improve the transfer of patented technologies to the market.
• Promotion of IP Education and Enforcement: Increasing awareness of IPR protection and enforcement can empower innovators to better safeguard and commercialise their inventions.
  For instance: Expanding outreach programs under the National IPR Policy can educate inventors about the commercial potential of their patents, encouraging more proactive commercialization

Strengthening the innovation ecosystem requires increased investment and streamlined processes to bridge the gap between research and market application. Encouraging collaboration between academia and industry, along with simplifying regulatory pathways, will enable quicker approvals and facilitate the transition of innovative solutions into commercially viable products.

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