What is the present world scenario of intellectual property rights with respect to life materials? Although, India is second in…

What is the present world scenario of intellectual property rights with respect to life materials? Although, India is second in the world to file patents, still only a few have been commercialized. Explain the reasons behind this less commercialization. (Answer in 150 words) 10 marks

हिंदी में प्रश्न पढ़ें

जीवन सामग्रियों के संदर्भ में बौद्धिक संपदा अधिकारों का वर्तमान विश्व परिदृश्य क्या है? यद्यपि भारत पेटेंट दाखिल करने के मामले में दुनिया में दूसरे स्थान पर है, फिर भी केवल कुछ का ही व्यवसायीकरण किया गया है। इस कम व्यवसायीकरण के कारणों को स्पष्ट कीजिए। (उत्तर 150 शब्दों में दीजिए)

The question as printed in the 2024 General Studies paper

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Model answer

Drafted with AI by UPSC Answer Check against this question's marking rubric, to the 150-word length. UPSC does not publish answers for Mains — this is one way to score well, not an official key. How we build rubrics and answers.

The global IPR regime for life materials is defined by tension between the WTO-TRIPS framework—whose Article 27.3(b) requires patents for micro-organisms and microbiological processes and protection for plant varieties, while allowing plants and animals to be excluded (India uses Sections 3(d) and 3(j) of the Patents Act and the PPV&FR Act, 2001)—and the Convention on Biological Diversity (CBD) with the Nagoya Protocol, which mandates Access and Benefit-Sharing (ABS) to prevent biopiracy (e.g., historical Neem and Turmeric cases). The WIPO Treaty on Genetic Resources and Associated Traditional Knowledge (May 2024) now requires patent applicants to disclose their origin.

Despite India ranking among the top patent filers globally (WIPO), only a small fraction are commercialised, owing to distinct systemic bottlenecks:

Weak Industry-Academia Linkages: Research prioritizes academic publishing over market viability, compounded by an absence of effective Technology Transfer Offices (TTOs).
Regulatory and Financial Hurdles: Lengthy, multi-tiered clearances from bodies like the GEAC and DCGI, along with expensive clinical trials and scarce deep-tech venture capital, stall commercial transition.
Monetization and Skill Deficits: Researchers frequently lack IP valuation expertise, business acumen, and institutional support for patent enforcement and litigation.

Strengthening public-private platforms like BIRAC, building institutional TTOs, and streamlining regulatory pathways are essential to translate patent filings into commercial output.

How this answer will be evaluated

Framework: Situation > Analysis > Measures: legal, institutional, developmental > Assessment

What earns full marks: Clear definition of global IP scenario, specific reasons for low commercialization, and relevant examples.

Evaluation rubric

Each sub-part is marked on its own, against the marks and word limit printed on the paper.

The answer Describe the present global IPR scenario for life materials and explain why few Indian patents are commercialised despite high filings. 10 marks · 150 words

explain— definition/context → points in order → small example → short close
Must cover
- Global regime: TRIPS Art. 27.3(b) (micro-organisms and microbiological processes patentable; plants/animals may be excluded; sui generis plant variety protection), UPOV
- CBD and Nagoya Protocol access and benefit-sharing; biopiracy cases (neem, turmeric, basmati); WIPO Treaty on Genetic Resources and Associated Traditional Knowledge (May 2024) with disclosure of origin
- India's framework: Patents Act s.3(d), 3(j); PPV&FR Act 2001; Biological Diversity Act 2002 (amended 2023); TKDL
- Reasons for low commercialisation: weak industry-academia links and tech-transfer offices, publish-or-perish incentives, funding and venture gaps, regulatory delays, poor IP valuation and marketing skills, defensive or low-quality filings
Loses marks
- Ignoring the 'life materials' part
- Listing reasons without explanation
- Wrong claims about what TRIPS mandates
Earns more
- Data on India's filings (WIPO ranking, rising resident share)
- Measures: BIRAC, Atal Innovation Mission, NRDC, institutional TTOs, IP facilitation
- Balanced note that many patents globally are never commercialised
Extra mark
- Example of a successful Indian biotech commercialisation

What "Explain" is asking you to do

Make the working of something clear — what sets it off, what follows from what, and what it produces. Explain is the Commission's mechanism word: it dominates the technical papers and the “explain why” stems, where the marks sit in the causal chain and not in the label.

Structure that answers it

State what it is → the initiating condition → the chain of cause, step by step → an instance where it plays out → what the chain produces

Where marks are lost

Describing what something looks like instead of why it works that way. Naming the stages without linking them reads as description too.

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