As 2015 dawns with PM Modi’s Mantra of “Make in India” resounding in the corridors of commercial enterprises, the IP practitioners, the government and the judiciary have to rise up to the challenge of protecting and enforcing IPRs in the spirit of the law rather than the letter of the law. With innovations as the tool that will drive business goals it becomes imperative to get a wholesome view of the IPR system and the laws governing commercialization of IPRs i.e. the road from the lab to the market.

The road to commercialization has additional milestones beyond prosecution and litigation that requires skills in licensing, negotiations, due diligence, IP Audits as well as seamless integration of various IPRs and a modicum of knowledge of related laws. Commercialization strategies that seamlessly integrate IPs have enduring effect on business beyond the life of IP. For e.g. even though the patent for sildenafil citrate expired in 2013, the trademark Viagra continues to bring in business on strength of instant recognition and brand loyalty. The iconic Coca Cola bottle has traversed the journey from being a mere industrial design with limited protection to a trademark with protection in perpetuity.

There are about 7 intonations to the Mantra from the IPR perspective, these being acknowledgements of the facts that :

• The tight vertical silos of 7 separate IPs is good only for registration and enforcement of IP rights. It would be a mistake to continue these silos into IP commercialization strategies.
• At the time of commercialization vertical silos must be dissolved or integrated to create good brands that have a value that outlive the life of the IPR and create brand loyalty.
• There are other uses of IPR than as a mere tool for litigation.
• Licensing of the IPs have be taken up in earnest to enable innovations to be used widely (and in a variety of applications).
• Apart from commercial benefits, Licenses could be CSR tool used for public good or for creation of new industry benchmark through nonexclusive licensing and patent pools.
• Negotiation skills have to be learnt and must be deployed for lucrative licenses.
• The government has to facilitate the links from access to resources, to research, to regulatory approvals, to commercialization and enforcement through links between the laws or through establishment of Standard Operating Procedures.
• In IP matters the Judiciary has to rise above ‘court-craft’ by deploying inquisitorial techniques rather than depend entirely on the adversarial arguments in order to arrive the pith and substance of the case. Time is of the essence. IP mismanagement not only impacts commercially but also filters down to impact the cultural-socio-economic fabric of society.