National IPR Policy Series - CIS Letter to IPR Think Tank

CIS acknowledges Varun Baliga and Devrupa Rakshit for their research.

To,
Justice (Retd.) Prabha Sridevan,
Chairperson,
IPR Think Tank

Dear Ma'am,

Subject - Request for Information pertaining to the Constitution and Functioning of the IPR Think Tank

1. I seek your indulgence regarding some information about the IPR Think Tank of which you are the Chairperson. Unfortunately, this is information that I could not find in the public domain despite searching for it extensively. Such information includes, but is not limited to, an official website of the IPR Think Tank. My queries concern, broadly, the constitution of the think tank, the formulation of the National IPR Policy and a related pieces of information that has been listed ahead. With apologies, I felt compelled to address these queries to you as there does not seem to be a Public Information Officer in charge of the IPR Think Tank.
2. Further, I had also addressed some of these questions via a Right to Information Request to the Department of Industrial Policy and Promotion ("DIPP"). In its response, the DIPP has informed me that the Think Tank works independently of the DIPP and hence the DIPP was not in a position to furnish information to these queries.[1] Accordingly, I am addressing these queries to you, as the Chairperson of the Think Tank.
3. I wish to understand the process followed by the DIPP in constituting the IPR Think Tank whose mandate it is to draft the National Intellectual Property Rights Policy under Public Notice No. 10/22/2013-IPR-III dated November 13, 2014. I would greatly appreciate the details of this process followed.
4. In particular, were the current members of the IPR Think Tank required to send in applications seeking to be considered for the IPR Think Tank? As members of the think tank, which body is in charge of paying the members financial remuneration, if any? Upon or prior to appointment, have you, as the Chairperson, or the members received any instructions from any departments of the government? If so, I request information regarding the content of these instructions and the department that issued the same.
5. Further, I request a copy of the letters of the appointment of the members of the IPR Think Tank.
6. In the event that there was a meeting held to decide on the same, I request that all necessary documents including the minutes of the meeting, records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, etc., in which the constitution of the aforesaid mentioned IPR Think Tank was discussed or decided, be included.
7. If there were multiple meetings held for the same, please provide all necessary documents including the minutes of all such meetings, records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, etc., for all such meetings held.
8. If a directive or directives were received by the Department of Industrial Policy and Promotion from any other government body to constitute such a think tank, I request a copy of such a directive.
9. While considering the constitution of the IPR Think Tank, please can you share, in detail, the process of shortlisting the members of the IPR Think Tank by the Department of Industrial Policy and Promotion, or any other body that was responsible for the same.
10. Please do indicate the instructions that the IPR Think Tank received from the Department of Industrial Policy and Promotion upon its constitution under Public Notice No. 10/22/2013-IPR-III dated November 13, 2014, as well as the individual(s)/body(s) that send these instructions.
11. Please do indicate the financial details of the IPR Think Tank including the source that remunerates the members as well as the amount of remuneration.
12. Please indicate in detail the process followed by the IPR Think Tank constituted by the Department of Industrial Policy and Promotion via Public Notice No. 10 (22)/2013-IPR-III dated November 13, 2014 while framing the first draft of the National IPR Policy dated December 19, 2014.
13. If there was a meeting held to decide on the same, please include all necessary documents including the minutes of the meeting, records, documents, memos, emails, opinion, advices, press releases, circulars, orders, suggestions, etc., related to the drafting of such National IPR Policy Think Tank chaired by Justice (Retd.) Prabha Sridevan.
14. If there were multiple meetings held for the same, please provide all necessary documents including the minutes of all such meetings, records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, suggestions, etc., for all such meetings held.
15. Please provide all the suggestions and comments received by the IPR Think Tank from stakeholders after the DIPP issued Public Notice No. 10/22/2013-IPR-III dated November 13, 2014 asking for suggestions and comments on or before November 30, 2014.
16. Please also provide all the suggestions and comments received by the IPR Think Tank by different stakeholders on or before January 30, 2015 on its first draft of the National Intellectual Property Policy submitted by the IPR Think Tank on December 19, 2014.
17. Finally, for further reference, please clarify whether the Public Information Officer for the IPR Think Tank would be the same person as Public Information Officer for the Department of Industrial Policy and Promotion since the IPR Think Tank was constituted by the Department of Industrial Policy and Promotion via Public Notice No. 10 (22)/2013-IPR-III dated November 13, 2014.
18. If the immediately preceding question is to be answered in the negative, then does the IPR Thank Tank have a Public Information Officer, or alternatively, to whom shall one address queries such as these with respect to the IPR Think Tank.

Please do circulate a copy of this letter to the other constituent members of the IPR Think Tank, viz. -

• Ms. Pratibha M Singh, Sr.Advocate, Singh & Singh Law Firm, Member;
• Ms. Punita Bhargava, Advocate, Inventure IP, Member;
• Dr. Unnat Pandit, Cadila Pharmaceuticals Limited, Member;
• Shri Rajeev Srinivasan, Director, Asian School of Business, Thiruvananthapuram, Member; and
• Shri Narendra K. Sabarwal, Retired DDG, WIPO, Member and Convener.

Thank you.

Yours sincerely,

Nehaa Chaudhari,
The Centre for Internet and Society,
G-15, Top Floor, Hauz Khas,
New Delhi - 110016
+91-11-40503285

Date - 25/05/2015