LIJDLR

technology transfer

UNIVERSITY INTELLECTUAL PROPERTY POLICIES IN TRANSITION: LESSONS FROM THE BAYH-DOLE ACT AND THE CASE FOR A COMPREHENSIVE INDIAN FRAMEWORK

Volume IV Issue I /

UNIVERSITY INTELLECTUAL PROPERTY POLICIES IN TRANSITION: LESSONS FROM THE BAYH-DOLE ACT AND THE CASE FOR A COMPREHENSIVE INDIAN FRAMEWORK Mohan Kumar N, LLM Student, School of Law, Christ (Deemed to be University), Bengaluru (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.45 This research paper examines the critical relationship between university intellectual property (IP) policies and innovation outputs, with particular focus on the Indian higher education and research landscape.  It investigates how statutory frameworks, judicial interpretations, and institutional policies collectively shape ownership, commercialization, and benefit-sharing of academic innovations.  The study adopts doctrinal legal research methodology, systematically analyzing Indian IP statutes, case law, regulatory guidelines, and university policy documents, while drawing selective comparative insights from international models such as the Bayh-Dole Act in the United States and European university IP regimes.  The analysis aims to identify gaps and inconsistencies between legislative provisions, judicial reasoning, and institutional practices, and to evaluate their impact on technology transfer, startup creation, and industry collaboration.  By highlighting tensions between centralized ownership and academic freedom and assessing the effectiveness of revenue-sharing and commercialization mechanisms, the study seeks to propose context-specific reforms for Indian universities.  Rather than offering empirical findings, the paper provides a normative and policy-oriented evaluation of university IP governance, contributing to legal scholarships and offering practical recommendations for institutional administrators, policymakers, and legislators.  Ultimately, it argues that well-designed, legally robust, and innovation-friendly IP policies can strengthen India’s academic innovation ecosystem while preserving its educational mission and public interest.

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THE ROLE OF INTELLECTUAL PROPERTY RIGHTS IN PROMOTING GREEN TECHNOLOGIES

Volume III Issue IV /

THE ROLE OF INTELLECTUAL PROPERTY RIGHTS IN PROMOTING GREEN TECHNOLOGIES M. David Ziegan Paul, BA.,LLB., (Hons) Student at Bharath Institute of Law, Chennai, Tamil Nadu (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.180 Climate change has emerged as one of the most pressing global challenges, requiring immediate and innovative solutions. In this context, green technologies those designed to reduce environmental harm and promote sustainability play a crucial role. The protection and promotion of these technologies largely depend on the legal framework of Intellectual Property Rights (IPR). IPR not only safeguards the interests of inventors but also encourages innovation by granting exclusive rights, thereby stimulating research and development in eco-friendly technologies. This paper examines the vital relationship between IPR and environmental sustainability from a legal perspective. It explores how patents, copyrights, and technology licensing contribute to the development and diffusion of green technologies. The study further analyzes how international agreements such as the TRIPS Agreement and the Paris Agreement influence technology transfer between developed and developing nations. While IPR serves as a key incentive for innovation, it also creates barriers when excessive patent control limits access to affordable sustainable solutions. Through critical legal analysis, the paper highlights the need for a balanced approach, one that protects innovators while ensuring that environmentally beneficial technologies are mainly accessible for global use. The discussion also covers India’s efforts in aligning its patent laws and environmental policies with sustainable development goals. Finally, the paper suggests legal reforms and collaborative mechanisms that can promote equitable access to green innovations, ensuring that intellectual property serves as a tool for both innovation and environmental justice.

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BRIDGING INNOVATION AND ACCESS: THE ROLE OF PATENTS IN GLOBAL TECHNOLOGY TRANSFER

Volume III Issue II /

BRIDGING INNOVATION AND ACCESS: THE ROLE OF PATENTS IN GLOBAL TECHNOLOGY TRANSFER Ayush Tiwari, 5th Year B.A.LL. B (H) Student at Hidayatullah National Law University, Chhattisgarh Download Manuscript doi.org/10.70183/lijdlr.2025.v03.80 This research paper delves into the intricate relationship between patent protection and technology transfer, emphasizing their significance in fostering innovation and economic development. It begins by elucidating the foundational principles of patent law, highlighting the exclusive rights granted to inventors and the multifaceted advantages these confer—ranging from market differentiation to long-term strategic value. The paper then critically examines the challenges posed by patent trolls, legal complexities, and the resulting inhibition of innovation. The discussion extends to various modes of technology transfer, including licensing, joint ventures, and strategic partnerships, underscoring their role in global knowledge dissemination and capacity-building. An analytical overview of international frameworks, particularly the TRIPS Agreement, demonstrates how harmonized patent standards and provisions for public health and dispute resolution aim to balance innovation incentives with equitable access. The paper further explores comparative national regimes in the European Union, the United States, and India, supported by landmark judicial precedents that shape patent jurisprudence and policy implementation. Through illustrative case studies—such as the Bayh-Dole Act, Apple v. Samsung, and the IAVI initiative—it evaluates both the successes and limitations of patent-driven technology transfer. Concluding with an exploration of emerging trends in biotechnology, blockchain, and open innovation, the paper calls for a recalibration of intellectual property systems to accommodate ethical, collaborative, and transparent practices. Ultimately, it advocates for a balanced approach that safeguards inventors’ rights while ensuring that innovation serves broader societal goals in an increasingly interconnected world.

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BRIDGING THE DIVIDE: ADDRESSING THE GAP BETWEEN DEVELOPED AND DEVELOPING NATIONS IN INTERNATIONAL ENVIRONMENTAL LAW

Volume III Issue II /

BRIDGING THE DIVIDE: ADDRESSING THE GAP BETWEEN DEVELOPED AND DEVELOPING NATIONS IN INTERNATIONAL ENVIRONMENTAL LAW Bhagesh Gupta, Law Student. Download Manuscript doi.org/10.70183/lijdlr.2025.v03.57 This study explores the systematic legal and financial imbalance that hinders equitable participation in international environmental law. International environmental law allows nations to work together to address issues such as pollution, climate change, and loss of biodiversity. The Stockholm Conference of 1972, the Rio Conference of 1992, and the Paris Agreement of 2015 are examples of treaties that have made provisions for sustainable development and the protection of the environment. Owing to differences in the monetary and non-monetary resources, developed and developing countries are still not on par. Developed countries tend to invest in renewable sources of energy, the latest technologies on waste management, and tech innovations, but developing markets have limited range in some of these areas, as they rely on traditional energy, and have poorer infrastructure and economic resources. The study highlights the role of funding innovation, sharing, and institutional partnerships in bridging the gap. Closing this gap requires sustainable coalitions such as financial support, technology transfer, and infrastructure provision. The Green Climate Fund and other development approaches, such as public-private partnerships, can assist the underdeveloped economy to acquire the required resources to foster ecologically sustainable practices. Debt-for-nature swaps and taxation incentives can also bolster investments in ecology.

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