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Interplay between IPR and RTI with Special Reference to Patent Law in India: An Unfolding


Affiliations
1 School of Law, Lovely Professional University, Phagwara, Punjab ─ 144 411, India
2 Babu Jagjivan Ram Institute of Law, Bundelkhand University, Jhansi, Uttar Pradesh ─ 284 128, India

Open government, accountability, transparency in administration and the right to information are considered the foundational tenets of democracy. The Right to Information Act, 2005 ensures transparency, accountability and public participation in the governance of the country. Every citizen of India is authorized to seek information under the control of public authorities. The Right to Information Act, 2005 exempt’s information related to IPR from being disclosed with certain exceptions. Although, the Patents Act, 1970 provides an information dispensation mechanism. This paper unfolds the interplay between the information dispensation mechanisms under the Right to Information Act, of 2005 and the Patents Act, 1970. Further, a suitable information dispensation mechanism for patents is identified with the help of doctoral research methodology.

Keywords

Disclosure of Information, Information Dispensation Mechanism, Patent Act, 1970, Right to Information 2005, Conflict between Public & Private Interest
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  • Interplay between IPR and RTI with Special Reference to Patent Law in India: An Unfolding

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Authors

Geeta
School of Law, Lovely Professional University, Phagwara, Punjab ─ 144 411, India
Vanshika Premani
Babu Jagjivan Ram Institute of Law, Bundelkhand University, Jhansi, Uttar Pradesh ─ 284 128, India

Abstract


Open government, accountability, transparency in administration and the right to information are considered the foundational tenets of democracy. The Right to Information Act, 2005 ensures transparency, accountability and public participation in the governance of the country. Every citizen of India is authorized to seek information under the control of public authorities. The Right to Information Act, 2005 exempt’s information related to IPR from being disclosed with certain exceptions. Although, the Patents Act, 1970 provides an information dispensation mechanism. This paper unfolds the interplay between the information dispensation mechanisms under the Right to Information Act, of 2005 and the Patents Act, 1970. Further, a suitable information dispensation mechanism for patents is identified with the help of doctoral research methodology.

Keywords


Disclosure of Information, Information Dispensation Mechanism, Patent Act, 1970, Right to Information 2005, Conflict between Public & Private Interest