Intellectual Property has always been a very complex and a rather contentious issue at the least. With increased globalization, development of new technologies and the dissolving of economic boundaries, the issue of IP has assumed a multidimensional aspect, adding several layers to its complexity. Keeping in mind the implications of developments happening around the world, including signing of several international treaties on IP administered under WIPO (World Intellectual Property Organization) and WTO (World Trade Organization) and the TRIPS Agreement, the Indian Govt. has initiated several measures to enhance the scope, efficiency and effectiveness of the IP organizations in India in order to conform with international norms and expectations.

One such measure was the setting of six MHRD Chairs on IPR, by the Ministry of Human Resources and Development (MHRD) under the Intellectual Property Education, Research and Public Outreach (IPERPO) programme with the objective of promoting education, awareness and research in the area of intellectual property rights. Subsequently twelve more IPR Chairs were added and at present there are 5 IPR Chairs in Universities, 5 in the National law Schools, 5 in the IITs and 3 in the IIMs. The IPR Chairs are  expected to play a significant role in the development and growth of IPR Education, Research and Training in India. While the IIMs  have been designated to focus on intellectual property management, the IITs will be working on the areas relating to patents, trademarks, industrial design and geographical indicators and DSE (Delhi) and SES (JNU) would concentrate on intellectual property rights.

We contacted Dr A Damodaran, who is the Chair Professor MHRD-Intellectual Property Rights at IIM Bangalore, to get an insight into the functions and activities of the Chair. Dr Damodaran is a PhD in Economics from Kerala University and has been at the forefront of education and research in areas spanning Public Policy, IP management in mass media, performing arts and cinema, Environmental Economics, Commodity Trade and IPR regimes in Biotechnology and Nanotechnology sectors. He has been a Visiting Professor , Fellow and Scholar at various Institutions around the world including GSOM, St Petersburg University in Russia, University of Wageningen in the Netherlands, Center for Development Research (ZEF), Department of Economics and Technological Change, University of Bonn, Germany, Institute of Developing Economies Japan, Natural Resource Institute, University of Manitoba Canada and University of Berkley, California USA. He has published in prestigious international and national journals and has authored a book titled "Towards an Agroecosystem Policy for India". He has also been a consultant to the UNDP, UN-ESCAP, UNEP, and UNCTAD, besides being associated with a number of World Bank Projects for clean technologies and commodity futures.  Dr Damodaran was awarded the prestigious Homi Bhabha Fellowship in 2004 and he is a member of the Indian Government’s High Level Policy Advisory Committees on Trade and Environment, Multilateral Environmental Agreements and Biosafety Issues.

Mr Damodaran spoke to us about his work and initiatives and informed us about the Roundtable on ‘IP management in mass media, performing arts and cinema’ that will be hosted by IIM Bangalore in February next year.

The following is his response to a questionnaire we sent him by mail:

In your capacity as IPR Chair what are the functions you perform? Are they more of academic research oriented work or does it involve more of interaction/intervention with Industry and Govt. agencies?
I do research and teach on IPR economics and management.

Have you been assigned any specific targets in your functional area?
No. I have chosen the areas. My chief  focal areas include Environment and IP, IP management in mass media, performing arts and cinema, IP issues related to the IT and Plant Biotechnology Sectors and  IP and Competition law

Is your tenure for a fixed period?
No

Do you get any funding from the Govt.?
Yes. From MHRD, Govt of India

Are you free to allocate the funds at your discretion, for the work you undertake or do you work within the guidelines/directives from the funding body?
Freedom is given  provided  I pre- indicate this in my plan for the year. Of course, allocations made are  subject to guidelines of the Ministry of HRD. 

What kind of IP would be your primary focus -  patents, copyright, trademarks, geographical indicators, any other?
All the above,  in so far as it relates to my focal areas

Do you work with any of the IP Organizations in building capacities for IP?  If yes which are the Organizations/Industries you have been involved with?
Yes. I work for Small Scale industries, Performing Art Theatres and  Energy and environmentally relevant industries.

Have you done any specific work relating to enforcement of the IP laws in the country in coordination with any industry body? Please elaborate?
Not really

Have you studied / contributed to the new Copyright Amendment Bill, which is expected to be considered in the current Parliament session?  If yes please elaborate?
I have many observations about  the Bill. On the whole, I feel that the Bill is well drafted. Let me just take up 2 aspects for comments here. The enhanced rights given to performers and their creations as per Clauses 31 D (4) and (5)  is welcome. However the  key issue is about assessing the economic impact of this clause on broadcasters and performers respectively. I also feel that given its central position in the Bill, the tariff scheme (Clause 33 A) can be based on an objective standardized formula that passes the test of scrutiny.

What changes/ reforms would you like to see in IP laws in India?
 Better features to elicit private sector interest in R&D. The present laws could be tuned to look at issues of ‘capturing value for  creative expression’. This can help the media , cinema and music to capture  improved returns for their unique creative expressions. It will also improve the financing environment for the three  segments.

What have you been able to achieve since your appointment?
Research papers, industry awareness and improved pedagogic skills.

What would you like to achieve during your tenure and what problems do you anticipate in achieving it?
Industry impact and transformation for the 4 focal areas.