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A
powerful instrument of foreign market protection market protection for
products, is the patent. To
secure foreign markets, there is a need to patent not only the process
or manufacturing technology, but the product itself. But owing to the
lack of knowledge and guidance in intellectual property law, the industry,
particularly the small and medium scale units, universities, Govt. Departments,
R&D Organisations and R&D Institute have not adequately safeguarded
their protectable intellectual property, particularly abroad. NRDC'S
Foreign Patent Protection scheme renders financial, technical and legal
assistance by meeting 50% of the cost of foreign patenting. In return,
industry/ universities/ R&D Institutes/ R&D Organisation/ Govt.
Department is required to pay to NRDC a royalty of 2.5-5% on the FOB
value of the products exported to those countries for which NRDC has provided
the technical, legal and financial assistance to file patents. Further,
the patent would be assigned to NRDC by the industry/ universities/ R&D
Institutes/ R&D Organisation/ Govt. Department and royalty shall be
paid as long as the patent is in force. The
industry/ universities/ R&D Institutes/ R&D Organisation/ Govt.
Department is generally free to decide the country / countries where they
would like to file the patents. What is more the Industry is free to export
the products directly. However, if there is any possibility of licensing
of the patented knowhow, the same shall be carried out by NRDC in consultation
with the industry/ universities/ R&D Institutes/ R&D Organisation/
Govt. Department on mutually agreed terms. The technology fees earned
by NRDC by way of lumpsum premium and royalty shall be shared equally
between NRDC and the industry/ universities/ R&D Institutes/ R&D
Organisation/ Govt. Department. The
industry/ universities/ R&D Institutes/ R&D Organisation/ Govt.
Department would benefit considerably under this scheme as NRDC
bears up from the enormous cost of foreign patenting before the products
exportability has been established. Further, the industry/ universities/
R&D Institutes/ R&D Organisation/ Govt. Department has all the
freedom to export on their own, to the markets of their choice and at
the best prices. NRDC
offers a half-share to the inventors of the technology licensing fees
received by it, when the patent/know-how is licensed by the Corporation
to foreign parties. |
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