Centre for Internet and Society

Modi’s New Intellectual Property Rights Policy Will Only Benefit Players with Deep Pockets

sinha — 2016-05-28T16:02:54Z

The new policy fails to enact a balanced regime and instead is tilted in favour of rights-holders.

The article was published in Wire on May 21, 2016

In November 2014, five national governments wrote to the Department of Industrial Policy and Promotion (DIPP) to inform the policy-making process of India’s first national intellectual property rights policy (IPR policy). The DIPP received 300 submissions from various other stakeholders, including NGOs and civil society, multinational companies, businesses and trade associations, cutting across various sectors. The policy-making process itself was marred by bizarre, unfair and unexplained steps such as the sudden disbanding of the first think tank put in charge for producing a draft policy, an opaque and long-drawn process of releasing a first draft, the leak of a near-complete final draft and no publication of responses (yet) of the 300 odd submissions that were made by stakeholders. Finally, the DIPP released the policy last week.

Despite the long and extensive drafting process, the policy is tilted in favour of right-holders, and places undue reliance on IPRs to stimulate innovation and growth. It obviously claims otherwise, but there are some fundamental flaws in the policy’s premise which render the DIPP’s claims meaningless. Delving briefly into the subject of IPRs, it is a matter of principle that a balanced intellectual property (IP) regime, i.e. a model that balances rights with adequate limitations/exceptions, contributes optimally to the holistic development and growth of the nation. Limitations or exceptions are flexibilities in the law, which cut down absolute monopoly conferred by IPRs, and ensure that use and sharing of knowledge for purposes such as research, education and access to medicines are not overridden by IP rightholders’ claims. The Trade-Related Aspects of Intellectual Property Rights agreement (TRIPS), which is the largest international agreement governing countries’ IPR regimes also promotes the use of these flexibilities to build balanced regimes. The policy does occasionally state its commitment to the TRIPS agreement and the Doha Declaration, but does not commit or spell out any new concrete steps. Thus, it fails to show any seriousness about upholding and promoting a ‘balanced’ regime – in stark comparison to the detailed and surgical manner in which it aims to raise awareness about IPRs and commercialise them.

Unfortunately for the policy, a myopic rationale captures the ambition of the document. The policy document states that, “The rationale… lies in the need to create awareness about the importance of IPRs as a marketable financial asset and economic tool.” As such, the policy fails to recognise the philosophy of welfare and balance embedded in IPRs: to ensure innovation, social, scientific and cultural progress and furtherance of access to knowledge. In all fairness, while the document pays a salutary tribute to objectives such as “achieve economic growth and socio-cultural development, while protecting public interest; also of advancing science and technology, arts and culture, traditional knowledge and biodiversity, transforming knowledge-owned into knowledge shared,” it never rises above its treatment of IPR as a tool to solely serve the interests of rights-holders.

The policy’s attempts to ‘create awareness’ about IPRs through massive outreach and promotion would perhaps be justified, if the singular aim was not the glorification of IPRs. This section implements several steps to induce positivity around IPRs in society to the extent of teaching young students about the benefits of IPRs, which is excessive. While I am of the opinion that awareness building may be important at research centres and industries, a lopsided rights-centric positive view of IPRs should not pass off for ‘awareness’. This is a dangerous view, and will only create a mad race to generate IP and acquire rights.

Chinese copycat?

Unfortunately, it appears that the government is indeed on board with this. I say this because the lopsided view was endorsed by senior Indian Patent Office and DIPP officials at a recent national conference. It is likely that the idea to use the IPR policy as a tool for ‘IPR indoctrination’ to result in staggering IPR generation came to the Indian government from their Chinese counterparts. In 1995, China started conducting elaborate training of its officers, researchers and students to popularise a generation of IPRs and last year the country received 10 lakh patent filings – an international record. At the conference, the officials were in awe of the Chinese statistics, and they were confident of catching up in the next few years. This despite the fact that in China, the race to patent innovations has only led to a proliferation of low value innovations in high numbers. Less than 1% of China’s patents are of intermediate or high value. Thus, China despite its high patent filings shows only a weak innovative performance. Globally, there is enough evidence to show that there is no positive correlation between patent filings and cumulative innovative performance of a country.

Further, the policy in its bid to maximise IPR generation goes to the extent of encumbering public-funded research by IPRs. It suggests that R&D institutions and academia reward researchers based on the degree of IPR creation, which would obviously lead to IPR-driven research. Such an approach would mean that research on less profiteering sectors in terms of IPR revenues would be neglected. Is this how we want our fledgling research and development sector to shape up?

It is disappointing to see how the DIPP has used the policy to strengthen administrative, enforcement and adjudicatory mechanisms for only trade protectionist purposes. The policy is also in contrast with steps taken by other government departments to foster access to knowledge and openness in domains traditionally encumbered by various barriers, including IPRs. For instance, the Department of Biotechnology, Department of Science and Technology has adopted an open access policy applicable to all researchers – this policy ensures that all publications resulting from publicly funded research will be made freely accessible. The Ministry of Law and Justice is in the process of finalising a suitable licence to enable the distribution and sharing of government data. This policy seems at odds, therefore, with other commons-oriented approaches adopted within the government itself.

Next up, pharma

India’s generic drug industry has been a saviour for providing affordable drugs worldwide. The most critical provision to ensure a check on ‘evergreening’ of patents is section 3(d) of the Patents Act, 1970. This provision along with compulsory licensing mechanism has been regularly attacked by big pharma. However, the policy does not mention or affirm its commitment to using such tools effectively. Moreover, the policy also misses an opportunity to stress on enforcement of form 27 filings by patent-holders. Form 27 filings demonstrate if a patent is being ‘worked’ in a territory or not, and if it is not worked adequately, a third party can apply for a compulsory licence. Both the Indian Patent Office and patent holders have largely neglected providing form 27 in a timely manner. The policy also over-reaches in certain areas. It mandates the creation of a separate offence for illegal duplication of films – which is completely unwarranted and redundant. The creation of a new criminal penalty for what essentially is infringement and already punishable (under Indian Copyright Act, 1957) comes directly from lobbying by movie studios.

Finally, while it is laudable that the policy aims to step up the efficiency of all concerned IPR offices, there is little to suggest that the policy is capable of nurturing and protecting a balanced IP regime. The flawed assumption of a linkage between IPR generation and cumulative innovation underpins the document, which should have no place in any national IPR policy. It is common knowledge that India had been under pressure from western governments and industry lobbies to ‘strengthen’ its IPR regime to the likes of matured economies and societies. India, a fast developing country, could have secured its unique developmental needs through a more balanced and nuanced IPR policy. But the changes that have taken place will largely benefit a small fraction of the ecosystem, one with deep pockets and great power.

Anubha Sinha is a programme officer at CIS. She works primarily on the Pervasive Technologies Project, and on other issues involving intellectual property law and openness.

For more details visit https://cis-india.org/a2k/blogs/modi2019s-new-intellectual-property-rights-policy-will-only-benefit-players-with-deep-pockets

Mixed Reactions Among Participants In WIPO Talks On Treaty For The Blind

praskrishna — 2013-04-25T08:08:47Z

At the close of this week’s negotiating session for an international treaty on copyright exceptions for blind and visually impaired persons, some governments, including upcoming host Morocco, expressed disappointment in the outcome of a three-day drafting session, as it left so much for the diplomatic conference. But most said they are optimistic that solutions can be found.

The article by William New was published in Intellectual Property Watch on April 22, 2013. CIS is quoted.

An informal session of the WIPO Standing Committee on Copyright and Related Rights (SCCR) was held from 18-20 April. The diplomatic conference (top-level political negotiation) will be held in Marrakesh, Morocco from 17-28 June. The session concluded a draft treaty text with numerous areas lacking agreement (IPW, WIPO, 22 April 2013).

A delegate from Morocco said at the meeting closing that he had “mixed feelings” about the outcome of the three days and was “somewhat disappointed” by the inability to remove brackets in text, signifying areas of disagreement.

“Marrakesh will be the last chance” to agree on this treaty, he warned. “There will be no room for mistakes. In Marrakesh, we will be in front of the entire international community.” Even with pressure from creators and artists, the membership must persist with this “humanitarian gesture,” he said, adding, “We must conclude, in Marrakesh, a treaty.”

A delegate from Honduras, speaking on behalf of the Group of Latin American and Caribbean countries (GRULAC), cited concern about a “backward trend” occurring in the talks, increasing the risk of failure in Morocco.

The Egyptian delegate said the results “make us worried” for Marrakesh, as new proposals are still coming up at this late stage. “We are going with many difficulties,” he said, stressing the importance of the humanitarian side “rather than the cost and gain criterion.”

But Algeria, on behalf of the African Group, praised the treaty as “an excellent basis for Marrakesh.” Nigeria, which was active on the part of the African Group, also restated the commitment to accomplish a treaty that will be “meaningful to those who need it,” as well as to creators. “The interests are competing but not irreconcilable,” the delegate said.

The United States said the aim is to have a treaty that will lead to a solution for the blind while protecting the “world’s authors.” But there are “simply too many brackets and too many options for us to be comfortable,” he said, so everyone should be prepared to show flexibility.

Rights Holders’ Concern for Protection

Rights holders such as publishers whose works will be exported have sought to explain their concern about a treaty whose purpose would be to allow copyrighted content to circulate freely. Among their concerns is that the accessible formats may be usable by sighted readers and may make it back upstream to developed country markets. They also are viewing the approximately 280 million blind and visually impaired persons worldwide as a potential market.

The International Publishers Association said they are fully committed to a treaty that will address the problem and work on the ground, and that the only accusations of bad faith have come from NGOs, not member states. The international publishers’ community wants access for visually impaired persons, “not only on paper but in reality,” he said.

A representative of the Association of American Publishers told Intellectual Property Watch that negotiators were close to a consensus document two years ago but that industry concerns had gradually increased its complexity. He said publishers “have never opposed this treaty,” and that nothing is stopping nations from adopting limitations and exceptions at the national level. More than 50 countries already have some form of limitations and exceptions, he said, while others consider that it would “politically useful” to have a treaty saying that adoption of such limitations and exceptions is an international norm.

Publishers also understand the need for flexibility for countries to adopt such provisions in suitable ways to their national systems. But in order to agree, publishers wanted it clear that such provisions adhere to international laws, including the 3-step test, which places strict conditions on the use of the limitations and exceptions. Also, this instrument must include a mechanism for accountability, a process for dealing with an authorised entity that is not complying.

“The objectives of this treaty can be attained within the established international framework,” he said.

In creating the first-ever treaty on exceptions to copyright, representatives of a range of rights holders sought to ensure that it will not harm to their existing system. In the hallways of WIPO, they expressed concern that this treaty not set a precedent of exceptions that would erode copyright. Concern over precedent led lobbyists to come not only from the publishing industry but also the film industry.

A representative of the International Video Federation implied that even if a deal is struck on a treaty, governments won’t ratify it if they do not like what it says. The treaty “needs incentives for as many ratifications as possible,” he said, and addressing commercial availability is one way to offer an incentive.

Any instrument needs to provide as much certainty as possible, he added. Fair use and fair practices are not a familiar notion in international copyright law and should not be mentioned in this treaty, he said, adding that members are “absolutely free” to do what they want on fair use.

A Motion Picture Association representative said at closing that the industry has “unambiguous support” for the treaty, but that it rejects what it sees as “attempts to roll back” other treaties. “Attempts to hijack” the treaty talks “cannot be tolerated,” he said.

A Knowledge Ecology International (KEI) representative responded that this was “hypocritical” of the MPA as it has “hijacked the political process to turn this into some kind of ACTA exercise,” referring to the controversial Anti-Counterfeiting Trade Agreement negotiated a couple of years ago.

NGO Concerns about Lost Focus

As described by the World Blind Union (WBU), which contributed to the initial treaty concept, the new treaty is expected to: “Allow specialist organisations to make accessible copies of books in all signatory countries; Make it legal to send accessible books across national borders; Still respect copyright law: it is not an attack on publishers!; Make more books available for blind people.”

But the WBU raised alarm at the close of this week’s session. Fred Schroeder, first vice president of the WBU, said in the statement, “The purpose of this treaty is to ensure access to books for blind people and help end the ‘book famine’ we face. WBU is alarmed that some of the negotiators have focused their efforts almost exclusively on crafting language around copyright protections that have nothing to do with the ability of authorized entities to produce books for the blind and visually impaired.”

“The shift away from a treaty for the blind to a treaty focussed on rights holder protections has taken up precious negotiating time which should be directed at ensuring a treaty that makes it possible for materials to be shared internationally,” he said. “For example, the negotiators have spent considerable time talking about the concept of commercial availability when, in practice, there is no reason why an authorized entity would spend its limited resources to duplicate works in formats that already exist.” A WBU representative noted in the plenary meeting earlier that the treaty is about exceptions and does not require restating details of existing treaties and rights but rather just could make reference.

An Indian delegate asked, “Is this a WIPO treaty on access to published works for [visually impaired persons], or a WIPO treaty on the protection of the 3-step test?” He said the treaty is critical for India, which has 40 percent of the world’s blind and visually impaired people. The treaty would give the important cross-border access to accessible format books and work as a stimulus for Indian publishers to publish in those formats as well.

Jonathan Band, a Washington, DC attorney speaking on behalf of the Library Copyright Alliance, told negotiators that there are now possibly 10 references to the 3-step test in the draft text, and only one indirect reference to the principle of fair use and fair dealing. But those latter principles are found in some 45 national laws, making it a widely adopted norm, he said. Overall, the treaty has become far too complicated for countries to use, and has strayed from the original idea of having a simple template and structure.

A representative of the Center for Internet and Society (CIS) in India, said: “There is nothing in these provisions that would convert infringement by sighted people under the pretence of this treaty magically into lawful acts. And, indeed, there are multifarious ways of infringing copyright without such resort to this treaty. Yet, these very same onerous requirements (such as the “commercial availability” requirement) and bureaucratic processes will unrealistically increase transaction costs for the visually impaired and render infructuous the very purpose of this treaty.

The CIS representative cast particular blame on the European Union for going against the demands of the European Parliament to address the ‘book famine’ of the blind and visually impaired, and to live up to international obligations on disabilities. “The EU, and a few countries of Group B, including the United States, have been slowly bleeding this treaty to death through over-legislation and bureaucracy.”

“Here is what it boils down to,” he continued. “[W]hen it comes to the economic rights of copyright owners, current international law insists that there be no formalities, yet when it comes to the human rights of visually impaired person to access information – a right specifically guaranteed to them under the UN Convention on the Rights of Persons with Disabilities – some delegates in this room wish to ensure as many formalities as possible.”

The representative of KEI told negotiators that for the “non-Berne” clause, they would be better off to use the World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) than Berne. He said TRIPS is more balanced, recognises the first-sale doctrine (which says copyright expires after sale of the item), and has other flexibilities. KEI also said in its closing remarks that the purpose of the treaty is to help visually impaired people, and anyone outside the treaty is subject to copyright law already.

A WBU representative told negotiators that the treaty must have a practical application for solving the lack of materials for blind people, especially in developing countries. “We are here to solve a human rights problem,” he said. “Our goal is not a treaty, but rather a treaty that will solve access” to published works.

As one delegate put, members will feel pressure to do whatever it takes to conclude a treaty because whoever stands in the way of this effort for blind people “will be branded as a villain.”

For more details visit https://cis-india.org/news/ip-watch-william-new-april-22-2013-mixed-reactions-among-participants-in-wipo-talks-on-treaty-for-the-blind

MHRD IPR Chair Series: Introduction

Amulya Purushothama — 2015-09-03T15:17:22Z

In this blog post, Amulya Purushothama announces our new MHRD IPR Chair Series and charts the sequence of events, starting from the establishment of the MHRD IPR Chairs, to discussions surrounding their purpose and functioning, to concerns surrounding the lack of information about the IPR Chairs, the first round of RTIs CIS had filed in regard to this and the responses received. This series will document and analyze further RTIs filed and responses received in this regard.

Special thanks to CIS Intern Aditya Garg for his research and support on this.

Genesis of MHRD IPR Chairs

The Intellectual Property Education, Research and Public Outreach (IPERPO) scheme (Scheme) was set up by the Ministry for Human Resources and Development (MHRD) to encourage study of IP rights and research and create awareness about IP matters. The Scheme was also supposed to develop specialized courses, train enforcement personnel, organize seminars and workshops on IPR matters, develop inputs, awareness on WTO matters and evolve strategies of regional co-operation.

It was under this scheme that the MHRD-IPR Chairs were set up. These IPR Chairs were set up in 20 Universities and Institutes across India including 6 in Universities, 6 in IITs, 5 in National Law Universities and 3 in IIMs.

Performance of MHRD IPR Chairs

CIS had reported that the Planning Commission and the MHRD in 2014 organized a stakeholders consultation where they discussed India’s National Program on Intellectual Property Management. Apart from discussing the need to revisit the purpose behind the MHRD IPR Chairs program, One of the documents discussed in the context of evaluating how the IPR Chairs function was the Report of the Evaluation Committee on Continuation of the Scheme of IPERO in the XII Five Year Plan Period 2012-2017 (Evaluation Committee Report).

The Evaluation Committee Report among other things noted that many IPR Chair positions are left vacant, that there is no explicit mandate for the activities to be undertaken by the MHRD IPR Chairs, that most of the Chairs only organize a few workshops and deliver lectures and as a consequence the research outputs produced by the Chairs have been very weak. This leads to underutilization of funds available under the scheme.

The Evaluation Committee Report stated that the IPR Chairs were not performing well due to a number of reasons such as: inability to find a suitable Professor level person to occupy the IPR Chair, absence of qualification-criteria for the IPR chair in the Scheme, lack of focus on research, development of human resource and teaching, non-appointment of adequate staff by IPR Chairs, flow of funds to the IPR Chair being interrupted due to lack of proper documentation, uncertainty about the continuation of IPR Chairs etc.

Informational vacuum around MHRD IPR Chairs

The MHRD launched the MHRD IPR Chair Gateway recently. It was developed by the IPR Chair of NALSAR to serve as a forum where the information about the team of the MHRD IPR Chair, research work done by them, events hosted by them and degrees offered by them are available in one common platform. This gateway is a definite improvement when compared to the website of the Copyright Office which was the central host for the MHRD IPR Chairs earlier.

However, the website is difficult to navigate through and even though the design of the gateway is comprehensive, the information is uploaded by the individual IPR Chairs themselves. The information about some MHRD IPR Chairs is up to date, while some others. None of the Chairs seem to have uploaded the mandated Annual Report of their work.

As CIS has reported earlier there exists an informational vacuum around the activities of the MHRD IPR Chairs, the funds allocated to them and accounts of utilization of these funds. Most of the information that is available can only be found in pieces and fragments. The last near comprehensive account of allocation and expenditure of funds with regard to all the IPR Chairs is the Evaluation Committee Report that dates back to 2013.

The following table shows a matrix of individual MHRD IPR Chairs, their status, and information available about them.

S.No.	Name of Institute	Instituted	Present Status	Last Active	Website	Information Available
1	University of Delhi		Active (since February 2014)		Chair is supposed to be working in Cluster Innovation Centre, DU.	Information present on the MHRD website; no separate dedicated website.
2	University of Madras		Active (Co-coordinator assigned)		None.	None, even on University of Madras website.
3	Cochin University of Science and Technology (CUSAT), Cochin	2003	Not Active	March 2012	http://ciprs.cusat.ac.in/hrdchair.php Link on CUSAT’s Schools of Legal Studies’ website which is supposed to redirect – broken	Provides information of work done under the Chair till 2012.
4	Tezpur University	2010	Active		http://www.tezu.ernet.in/mhrdipr/index.html	Lists their objects and past activities up to 2012; interestingly the name of the IPR Chair cannot be found on this website, although the name of the Staff is present.
5	National Law School of India University (NLSIU), Bangalore		Active		https://www.nls.ac.in/index.php?option=com_content&view=article&id=65%3Athe-centre-for-intellectual-property-research-and-advocacy-cipra&catid=6%3Aacademic-programmes&Itemid=32	Provides information about their project (developed iprlawindia.org). No dedicated website.
6	Indian Institute of Technology (IIT), Kanpur		Not Active (site says selection process is ongoing)	June 2010	None.	None.
7	Indian Institute of Technology (IIT), Kharagpur		Not Active	October 2013	None.	None.
8	Indian Institute of Technology (IIT), Bombay		Active		Functions under Shailesh J. Mehta School of Management, IIT-B (http://www.som.iitb.ac.in/) but no separate website.	Nothing on the SJMSOM website.
9	Indian Institute of Technology (IIT), Madras		Active		Works under Department of Management Studies, IIT-Madras (http://www.doms.iitm.ac.in/) but no separate website.	Annual Report for 2014-15: https://www.dropbox.com/s/4tmyrkdmwvfa3ud/Annual%20Report%20IPR%20Chair%20IITM%202014-2015.pdf?dl=0
10	Indian Institute of Technology (IIT), Delhi		Currently on Leave		Works under Department of Management Studies, IIT-Delhi (http://dms.iitd.ac.in/ ) but no separate website.	Nothing on the DOMS website.
11	Indian Institute of Technology (IIT), Roorkee		Active		http://www.iitr.ac.in/ipr/ - Website of their IPR Cell; doesn’t list the work of the MHRD IPR Chair separately.	Basic activities undertaken by their Cell; nothing in particular about research work done by the Chair.
12	Jawaharlal Nehru University (JNU), Delhi		Active		Works under Centre for Economic Studies and Planning, School of Social Sciences, JNU. No separate website.	No information about the work undertaken.
13	Delhi School of Economics, DU, Delhi		Not Active		None.	None.
14	Indian Institute of Management (IIM), Ahmadabad		Not Active.		None.	None.
15	Indian Institute of Management (IIM), Calcutta		Not Active.		None.	None.
16	Indian Institute of Management (IIM), Bangalore		Active	2004	No information on the IIM Bangalore website.	None.
17	NALSAR University of Law, Hyderabad		Active		Works under N. C. Banerjee Centre for Intellectual Property Rights Studies.	List of activities undertake have been mentioned in the Centre’s working. No separate dedicated website.
18	National Law University (NLU), Jodhpur		Active		http://www.nlujodhpur.ac.in/mhrd_ipr_chair.php	Lists down the work undertaken, events hosted, research, etc.
19	National Law University (NLU), Bhopal		Active		None.	None.
20	West Bengal National University of Juridical Sciences (WBNUJS), Kolkata		Not Active	December 2013	None.	None

As can be seen, out of the twenty MHRD IPR Chairs, only 13 remain active while the rest have become inactive. The MHRD Chair at IIT Kanpur was last active over five years ago in June 2010. Out of the twenty, 11 IPR Chairs either do not have a website or redirect to a broken link. Out of the 20, fifteen do not provide any information or only provide for outdated information. Only one of the twenty, the IIT Madras Chair, has provided the mandated Annual Report for 2014-2015.

RTIs and Responses

CIS has filed several RTIs before the IPR Chairs asking for information regarding allocation of funds and utilization of funds.

The first round of RTIs filed in November 2014, elicited adequate responses from seven out of twenty IPR Chairs. Among the rest, the IPR Chairs at Jawaharlal Nehru University, Delhi University, Delhi School of Economics, Tezpur University and CUSAT Kerala did not provide information. And IIT Kharagpur sought exemption from providing this information under Section 8(1) (d) of the RTI Act, 2005.

Of those who did respond favorably to the RTI and had received money (five in number), three institutions, NLU Jodhpur, NALSAR University of Law, Hyderabad and IIT Bombay had underutilized the funds allocated to them. NLSIU, Bangalore had spent more than the allocated funds and IIM, Bangalore had spent the entire amount allocated.

MHRD IPR Chair Series

We have since followed up with the IPR Chairs with further RTI applications and received responses for the same. Updates on the same will now be part of our MHRD IPR Chair Series. Watch this space.

For more details visit https://cis-india.org/a2k/blogs/mhrd-ipr-chair-series-introduction

MHRD IPR Chair Series: Information Received from Tezpur University

Karan Tripathi — 2016-04-26T16:27:55Z

This post provides a factual description about the operation of Ministry of Human Resource Development IPR Chair’s Intellectual Property Education, Research and Public Outreach (IPERPO) scheme in Tezpur University. The author has analysed all the data received under various heads such as income, grants from MHRD, planned and non planned expenditure, nature and frequency of programmes organised and the allocation of funds for the same.

Throughout the course of observation and presentation of the analysed data, the author seeks to trace the presence of unjustified underutilisation of funds by the aforementioned university as provided by the MHRD during the period 2013-2014.

To collect the information for the given study, an RTI application was filed to the Tezpur University on 16/01/2015 by the Centre for Internet and Society. The reply to RTI application was received on 05/02/2015. These are the documents received by CIS from Tezpur University:

For RTI Response click here (Tezpur Receipt of RTI). Also see Tezpur Forwarded Response
For complete supporting documents see (Tezpur- Annual Report, Financial Statement, Report on IPR Cell)

Hereinafter, in order to receive any information about Tezpur University’s RTI reply, kindly refer to the above mentioned links. Following are the queries mentioned in the RTI application along with their replies.

1. Reports on the implementation of the IPERPO scheme of the Ministry of Human Resource Development and the implementation of the MHRD IPR Chair funded under the scheme at Tezpur University from 2003-2014

Reply: Tezpur University has submitted detailed documents for the period 2013-2014 in order to highlight various activities undertaken by the University to implement the IPERPO scheme. This information is sent to CIS through summary documents, notices and newsletters.

2. Documents detailing the release of grants to the MHRD IPR Chairs under the IPERPO Scheme

Reply: The University received a grant of Rs.25,00,000 from MHRD under the IPERPO scheme for the period 2013-2014.

3. Documents relating to receipts of utilisation certificates and audited expenditure statements and matters related to all financial sanctions with regard to funds granted to the MHRD IPR Chair established under the IPERPO scheme at Tezpur University

Reply: The University has submitted the utilisation certificate for the period 2013-2014 along with the expenditure statement.

4. Documents regarding all matters pertaining to finance and budget related the MHRD IPR Chair under the IPERPOs scheme established at Tezpur University

Reply: As per the documents submitted to CIS, the proposed budget for the period 2013-2014 is not submitted by the University. However, the budget for the period 2014-2015 is submitted and the sum of Rs. 49,79,231 is proposed by the University.

2.0 Comparative Analysis between University Response and the guidelines of MHRD Scheme Document

The Scheme Document of MHRD (http://copyright.gov.in/Documents/scheme.pdf) is a comprehensive document which consists of guidelines regarding Intellectual Property Education, Research and Public Outreach. It talks about a list of objectives, purposes, conditions and eligibility criteria for a University to ensure in order to implement IPERPO in a truest sense. This document provides the procedural as well as qualifying conditions for an Institute to ensure or fulfil before applying for the MHRD grant. Some of these conditions include maintenance of utilization certificates, audit reports, expenditure statements and event information which would be open to access on demand by MDHR or Comptroller and Auditor General of India.

Objectives

In order to fulfil the objectives mentioned in the scheme document, Tezpur University undertook following activities:

Conducted courses in the mainstream undergraduate, post graduate and PhD programmes
Facilitated assessment and IPR filings of university innovations
Field work on Geographical Indication: Muga Silk of Assam
Training of IPR Officers
Outreach programmes at Dilbrugarh University and Silchar
Colloquium on Contemporary Physics and the Role of IPR
Training programmes on traditional knowledge and communication with stakeholders

Eligibility

Tezpur University is recognized by the University Grants Commission. Therefore, it fulfils the eligibility criteria mentioned in the scheme document.

3.0 Financial Analysis

Tezpur University received grants in two instalments for the same financial year (2013-2014). The first instalment was sanctioned on 19^th August 2013 and the second instalment was sanctioned on 26^th March 2014.

Financial Year 2013-2014

In this financial year a total grant of Rs. 33,00,000 was sanctioned to the University in two instalments of Rs. 25,00,000 and Rs. 8,00,000. Out of this, a total sum of Rs. 35,24,446 was utilised by the University.

It is clear from the above drawn chart that the maximum amount of money was spent on the salaries of Chair Professor and his staff.

For more details visit https://cis-india.org/a2k/blogs/mhrd-ipr-chair-series-information-received-from-tezpur-university

MHRD IPR Chair Series: Information Received from NUJS

nehaa — 2016-05-15T07:51:55Z

The author has analysed all the data received under various heads such as income, grants from MHRD, planned and non-planned expenditure, nature and frequency of programmes organised and the allocation of funds for the same. Throughout the course of observation and presentation of the analysed data, the author seeks to trace the presence of unjustified underutilisation of funds by the aforementioned university as provided by the MHRD during the period of 2013-2014.

To collect the information for the given study, an RTI application was filed to NUJS on 09/02/2015 by the Centre for Internet and Society. The reply to RTI application was received on 24/02/2015.

These are the documents received by CIS from NUJS:

For the RTI application filed by the CIS, click here
For the reply to the RTI application, click here

NUJS did not entertain the RTI and furnished no documents for perusal.

For more details visit https://cis-india.org/a2k/blogs/mhrd-ipr-chair-series-information-received-from-nujs

MHRD IPR Chair Series: Information Received from NLU, Jodhpur

nehaa — 2016-05-26T02:03:42Z

Nisha S. Kumar assisted in compilation of the document.

To collect the information for the given study, an RTI application was filed to NLU, Jodhpur on 09/02/2015 by the Centre for Internet and Society. The reply to RTI application was received on 12/03/2015.

These are the documents received by CIS from NLU, Jodhpur:

For the reply to the RTI application click here
For the proposal to establish the IPR chair at NLU Jodhpur click here

Hereinafter, in order to receive any information about NLU, Jodhpur’s RTI reply, kindly refer to the above mentioned links. Following are the queries mentioned in the RTI application along with their replies.

Reports on the implementation of the IPERPO scheme of the Ministry of Human Resource Development and the implementation of the MHRD IPR Chair funded under the scheme at NLU, Jodhpur.

Reply: NLU, Jodhpur has submitted the documents required under this track for the period of 2008-2015. To view the relevant documents, download the file (2008-09 –Part one,Part two and Part three; 2009-10 – Part one, Part two, Part three and Part four; 2010-11 – Complete; 2011-12 – Part one and Part two; 2012-13 – Part one and Part two; 2013-14 - Complete; 2014-15 - Complete).

Documents detailing the release of grants to the MHRD IPR Chairs under the IPERPO Scheme
Reply: NLU, Jodhpur has submitted the documents required under this track for the period of 2008-2010 and the financial year of 2013-2014. To view all the documents submitted by the University in reply,click here.(nlu jodhpur F. No. 10.2008-IC’)
Documents relating to receipts of utilisation certificates and audited expenditure statements and matters related to all financial sanctions with regard to funds granted to the MHRD IPR Chair established under the IPERPO scheme at NLU, Jodhpur.
Reply: The University has provided utilisation certificatefor the period of 2008-11 and 2013-14. To view the supporting documents, click here. (nlu jodhpur Utilisation Certificate’)

Comparative Analysis between University Response and the guidelines of MHRD Scheme Document

A. Objectives
In order to fulfil the objectives mentioned in the scheme document, NLU Jodhpur undertook following activities:

Introduction of UG and PG level courses on IPR
Conducting lecture series on the subject of IPR.
Conducting multiple workshops over the years to further the training of teachers as well as at a student level
Hosting numerous conclaves on the subject of IPR and their relation to business
Providing short term course on training of teachers in the field of IPR
Held various symposiums, seminars and conferences for the furtherance of IPR
Invited esteemed professors from the field for guest lectures
Established an IPR library in the IPR cell

B. Eligibility
NLU, Jodhpur is recognized by the University Grants Commission. Therefore, it fulfils the eligibility criteria mentioned in the scheme document.

Financial Analysis
A.Financial year 2008-09

The University received a grant of Rs. 14,00,000 out of which it utilized Rs. 11,90,115 for the implementation of the IPERPO scheme leaving an unspent balance of Rs. 2,09,885.

B. Financial year 2010-11

First installment

The University incurred an expenditure of Rs. 11,27,740 against a grant of Rs. 15,00,000 leaving an unutilized balance of Rs. 3,72,260.

Second Instalment

The University incurred an expenditure of Rs. 26,21,369 against a grant of Rs. 40,00,000 leaving an unspent balance of Rs. 13,78,631 as unutilized balance.

C. Financial year 2013-14

The University incurred an expenditure of Rs. 16,86,566 against a grant of Rs. 36,00,000 leaving an unspent balance of Rs. 19,13,434.

Expenditure Analysis

For more details visit https://cis-india.org/a2k/blogs/mhrd-ipr-chair-series-information-received-from-nlu-jodhpur

MHRD IPR Chair Series: Information Received from NLSIU

nehaa — 2016-05-27T16:15:49Z

Nisha S. Kumar assisted in compilation of this blog post.

The author has analysed all the data received through which, the author seeks to trace the presence of unjustified underutilisation of funds by the aforementioned university as provided by the MHRD during the period of 2013-2014. To collect the information for the given study, an RTI application was filed to NLSIU on 17/11/2014 by the Centre for Internet and Society. The reply to RTI application was received on 18/12/2014.

These are the documents received by CIS from NLSIU:

For response to the RTI application click here
For documents related to the establishment of NLSIU's IPR cell and IPR chair click here

Hereinafter, in order to receive any information about NLSIU’s RTI reply, kindly refer to the above mentioned links. Following are the queries mentioned in the RTI application along with their replies.

Reports on the implementation of the IPERPO scheme of the Ministry of Human Resource Development and the implementation of the MHRD IPR Chair funded under the scheme at NLSIU
Reply: NLSIU has submitted the documents required under this track. To view all the documents submitted by the University in reply,click here.
Documents detailing the release of grants to the MHRD IPR Chairs under the IPERPO Scheme
Reply: Documents pertaining to the period of 2004-2013 and 2013-14 have been submitted by the University. To view the supporting documents click here and here.
Documents relating to receipts of utilisation certificates and audited expenditure statements and matters related to all financial sanctions with regard to funds granted to the MHRD IPR Chair established under the IPERPO scheme at NLSIU.
Reply: The University has provided utilisation certificate for the period of 2004-2014. To view the supporting documents, click here

Comparative Analysis between University Response and the guidelines of MHRD Scheme Document

A. Objectives
In order to fulfil the objectives mentioned in the scheme document, NLSIU undertook following activities:

Introduction of UG and PG level courses on IPR
Introduction of PhD fellowships in the field of IPR.
Conducting multiple workshops over the years to further the training of teachers as well as at a student level
Hosting numerous conclaves on the subject of IPR and their relation to business
Providing short term course on training of teachers in the field of IPR
Held various symposiums, seminars and conferences for the furtherance of IPR
Invited esteemed professors from the field for guest lectures
Established an IPR library in the IPR cell
Website on IPR launched

B. Eligibility
NLSIU is recognized by the University Grants Commission. Therefore, it fulfils the eligibility criteria mentioned in the scheme document.

Financial Analysis 2004-05

The University received a grant of Rs. 5,00,000 out of which it incurred an expense of Rs. 9,33,241.

B. Financial year 2008-09

The University incurred an expense of Rs. 14,90,890 against a grant of Rs. 20,00,000 leaving Rs. 5,09,110 as unspent balance.

C. Financial year 2009-10

The University incurred an expenditure of Rs. 23,53,552.17 against a grant of Rs. 15,00,000 and a carried forward balance of Rs. 5,09,110.

D. Financial year 2010-11

The University did not receive any grant, however, it incurred an expenditure of Rs. 32,88,478.

E. Financial year 2011-12

The University received a grant of Rs. 36,67,080 and incurred an expenditure of Rs. 32,11,663 leaving Rs. 4,55,417 as unspent balance.

F. Financial year 2012-13

The University incurred an expenditure of Rs. 37,87,391 against a grant of Rs. 30,00,000 and a carried forward balance of Rs. 4,55,417.

G. Financial year 2013-14

The University incurred an expendiute of Rs. 45,31,927 against a sanctioned grant of Rs. 45,00,000.

Expenditure Analysis for the Financial Year 2012-13

For more details visit https://cis-india.org/a2k/blogs/mhrd-ipr-chair-series-information-received-from-nlsiu

MHRD IPR Chair Series: Information Received from NALSAR

nehaa — 2016-05-15T07:43:20Z

The author has analysed all the data received under various heads such as income, grants from MHRD, planned and non-planned expenditure, nature and frequency of programmesorganised and the allocation of funds for the same. Throughout the course of observation and presentation of the analysed data, the author seeks to trace the presence of unjustified underutilisation of funds by the aforementioned university as provided by the MHRD during the period of 2013-2014.

To collect the information for the given study, an RTI application was filed to the NALSAR University of Law on 09/02/2015 by the Centre for Internet and Society. The reply to RTI application was received on 12/03/2015.

These are the documents received by CIS from NALSAR:

For the response to the RTI application click here
For complete supporting documents click here

Hereinafter, in order to receive any information about NALSAR’s RTI reply, kindly refer to the above mentioned links. Following are the queries mentioned in the RTI application along with their replies.

Reports on the implementation of the IPERPO scheme of the Ministry of Human Resource Development and the implementation of the MHRD IPR Chair funded under the scheme at NALSAR
Reply: NALSAR has submitted the documents required under this track.
Documents detailing the release of grants to the MHRD IPR Chairs under the IPERPO Scheme
Reply: Documents pertaining to the financial year 2013-14 have been submitted by the University.
Documents relating to receipts of utilisation certificates and audited expenditure statements and matters related to all financial sanctions with regard to funds granted to the MHRD IPR Chair established under the IPERPO scheme at NALSAR.
Reply: The University has provided utilisation certificatefor the financial year of 2013-14.
Details of the IPR Chair’s salary under the IPERPO Scheme indicating whether this amount is paid over and above the professional’s usual salary
Reply: The University has submitted all the documents pertaining to the aforementioned query.

Comparative Analysis between University Response and the guidelines of MHRD Scheme Document
The Scheme Document of MHRD (http://copyright.gov.in/Documents/scheme.pdf) is a comprehensive document which consists of guidelines regarding Intellectual Property Education, Research and Public Outreach. It talks about a list of objectives, purposes, conditions and eligibility criteria for a University to ensure in order to implement IPERPO in a truest sense. This document provides the procedural as well as qualifying conditions for an Institute to ensure or fulfil before applying for the MHRD grant. Some of these conditions include maintenance of utilization certificates, audit reports, expenditure statements and event information which would be open to access on demand by MDHR or Comptroller and Auditor General of India.

A. Objectives
In order to fulfil the objectives mentioned in the scheme document, NALSAR undertook following activities:
a. Faculty attendance at WIPO sessions.
b. Publication of IPR Journal
c. Expansion of the IPR section in the loibrary
B. Eligibility
NALSAR is recognized by the University Grants Commission. Therefore, it fulfils the eligibility criteria mentioned in the scheme document.
Financial Analysis
The University has provided the utilization certificates for the financial year of 2013-14.
A. Financial year 2013-14

The University received a grant of Rs. 40,00,000 from the Ministry of Human Resource and Development. Further, the unutilized balance of the financial year 2013-13, Rs. 10,02,540 carried over in addition to an interest of Rs. 91,129. The total funds at the University’s disposal amounted to Rs. 50,93,669. The University incurred an expense of Rs. 37,88,349 leaving Rs. 13,05,320 as unspent balance.

B. Expenditure Analysis

For more details visit https://cis-india.org/a2k/blogs/mhrd-ipr-chair-series-information-received-from-nalsar

MHRD IPR Chair Series: Information Received from JNU

nehaa — 2016-05-15T03:43:30Z

To collect the information for the given study, an RTI application was filed to the Jawaharlal Nehru University, Delhi on 18/12/2014 by the Centre for Internet and Society. The reply to RTI application was received on 24/02/2015. Subsequently, a second RTI application was filed by the Centre for Internet and Society on 09/02/2015. The University replied to the same on 26/03/2015.

These are the documents received by CIS from JNU:

For the response to the first RTI application click here
For the response to the second RTI application click here
For the report submitted by the University click here

Hereinafter, in order to receive any information about Jawaharlal University’s RTI reply, kindly refer to the above mentioned links. Following are the queries mentioned in the RTI application along with their replies.

Reports on the implementation of the IPERPO scheme of the Ministry of Human Resource Development and the implementation of the MHRD IPR Chair funded under the scheme at JNU.
Reply: The University submitted that there has been a release of Rs. 10,00,000 as a sanctioned amount by the MHRD under the IPERPO scheme. However, the same has not been utilized in any manner to further the objectives of the scheme. The reason is that the University believes this amount to be inadequate and has requested additional funds from the MHRD.

Documents on the release of grants to the MHRD IPR Chairs under the IPERPO scheme at JNU for the year 2013-14.
Reply: The University clubbed the answer to this with the aforementioned query.
Documents relating to receipts of utilization certificates and audited expenditure statements and matters related to all financial sanctions with regard to funds granted to the MHRD IPR Chair established under the IPERPO Scheme for the year 2013-14 at JNU.
Reply: The University has not provided any such documents in relation to the grant received.

Documents regarding all matters related to finance and budget related to the MHRD IPR Chair under the IPERPO scheme 2013-14 established at JNU.
Reply: The University did not submit any documents in this regard and replied that this information may be sought from the concerned Centre/School.

A. Objectives
The University has submitted that there have been no activities undertaken to further the objectives of the IPERPO scheme.

B. Eligibility
Jawaharlal Nehru University, Delhi is recognized by the University Grants Commission. Therefore, it fulfils the eligibility criteria mentioned in the scheme document.

Financial Analysis
The University has not provided any documents on this subject.

For more details visit https://cis-india.org/a2k/blogs/mhrd-ipr-chair-series-information-received-from-jnu

MHRD IPR Chair Series: Information Received from IIT, Kharagpur

nehaa — 2016-05-15T06:19:57Z

To collect the information for the given study, an RTI application was filed to IIT, Kharagpur on 25/11/2014 by the Centre for Internet and Society. The reply to the same was received on 17/12/2014. Following this, a second application was filed on the 10/03/2015 by the Centre for Internet and Society. The reply to RTI application was received on 17/04/2015.

These are the documents received by CIS from IIT, Kharagpur:

For the reply to the first RTI application click here
For the reply to the second RTI application click here
For the documents detailing the proposal for the setting up of IPR chair in IIT, Kharagpur, click here
For the documents detailing the minutes of the meeting regarding the setting up of the IPR chair in IIT, Kharagpur, click here

Hereinafter, in order to receive any information about IIT, Kharagpur’s RTI reply, kindly refer to the above mentioned links. Following are the queries mentioned in the RTI application along with their replies.

Reports on the implementation of the IPERPO scheme of the Ministry of Human Resource Development and the implementation of the MHRD IPR Chair funded under the scheme at IIT, Kharagpur
Reply: IIT, Kharagpur has submitted the documents required under this track.
Documents detailing the release of grants to the MHRD IPR Chairs under the IPERPO Scheme
Reply: Documents pertaining to the year 2006 and 2013 have been submitted by the University.
Documents relating to receipts of utilisation certificates and audited expenditure statements and matters related to all financial sanctions with regard to funds granted to the MHRD IPR Chair established under the IPERPO scheme at IIT, Kharagpur.
Reply: The University replied that it has not received any confirmation from the MHRD regarding the mentioned documents.

Comparative Analysis between University Response and the guidelines of MHRD Scheme Document
The Scheme document of MHRD is comprehensive document which consists of guidelines regarding Intellectual Property Education, Research and Public Outreach. It talks about a list of objectives, purposes, conditions and eligibility criteria for a University to ensure in order to implement IPERPO in a truest sense. This document provides the procedural as well as qualifying conditions for an Institute to ensure or fulfil before applying for the MHRD grant. Some of these conditions include maintenance of utilization certificates, audit reports, expenditure statements and event information which would be open to access on demand by MDHR or Comptroller and Auditor General of India.

A. Objectives
In order to fulfil the objectives mentioned in the scheme document, IIT, Kharagpur undertook following activities:
a. Conducting multiple workshops over the years to further the training of teachers as well as at a student level
b. Hosting numerous conclaves on the subject of IPR and their relation to business
c. Providing short term course on training of teachers in the field of IPR
d. Held various symposiums, seminars and conferences for the furtherance of IPR
e. Hosted various interactive platforms regarding IPR
f. Undertook research collaborations in IPR
B. Eligibility
IIT, Kharagpur is recognized by the University Grants Commission. Therefore, it fulfils the eligibility criteria mentioned in the scheme document.

Financial Analysis
The University has not provided documents regarding any financial analysis.

For more details visit https://cis-india.org/a2k/blogs/mhrd-ipr-chair-series-information-received-from-iit-kharagpur

MHRD IPR Chair Series: Information Received from IIT Roorkee

Karan Tripathi and Nehaa Chaudhari — 2015-11-21T07:26:45Z

Nehaa Chaudhari provided inputs, analysed, reviewed and edited this blog post.

The author has analysed all the data received under various heads such as income, grants from MHRD, planned and non planned expenditure, nature and frequency of programmes organised and the allocation of funds for the same. Throughout the course of observation and presentation of the analysed data, the author seeks to trace the presence of unjustified underutilisation of funds by the aforementioned university as provided by the MHRD during the period of 2003-2014.

To collect the information for the given study, an RTI application was filed to the Indian Institute of Technology, Roorkee on 6/02/2015 by the Centre for Internet and Society. The reply to RTI application was received on 16/02/2015.

These are the documents received by CIS from IIT Roorkee:

For RTI Response click here (IIT Roorkee -Receipt of RTI- 20.4.15)
For complete supporting documents click here (IIT Roorkee – Response and Report)

Hereinafter, in order to receive any information about IIT Roorkee’s RTI reply, kindly refer to the above mentioned links.

Following are the queries mentioned in the RTI application along with their replies.

Reports on the implementation of the IPERPO scheme of the Ministry of Human Resource Development and the implementation of the MHRD IPR Chair funded under the scheme at IIT Roorkee from 2003-20014
Reply: The University documented the minutes of the Departmental Faculty Committee Meeting where proposals for forming Departmental Administrative Committee, syllabus for new institute electives, duties of Departmental Research Committee, forming Institute Time Table Committee, conversion of existing LR1 computer lab and teaching scheme of autumn semester 2013 were deliberated upon. The University also organised various events such as Training of Trainers programme and International Conclave on Innovation and Entrepreneurship.
Documents indicating the date on which such an IPR Chair was set up at your institution and a copy of the application made by IIT Roorkee to the MHRD for instituting such an IPR Chair and documents received by IIT Roorkee from the MHRD approving the same
Reply: According to the Office Memorandum (dated 04 May 2012) of IIT Roorkee, Dr P.K. Ghosh had been appointed on the position of Professional Chair on IPERPO with effect from April 27 2012. A suitable financial grant of Rs. 208.02 lakhs was demanded for a period of five years.
Documents detailing the release of grants to the MHRD IPR Chairs under the IPERPO Scheme
Reply: As it appears from the reply filed by IIT Roorkee to the RTI filed by the CIS, Rs. 30,00,000.00 of the Grant in aid was sanctioned to the University by the MHRD during the financial year 2010-2011 and nil amount was utilized for the purpose of it. At the end of the year, the balance sum of Rs. 30,27,041 (including the interest) was surrendered to the Government.
Documents relating to receipts of utilisation certificates and audited expenditure statements and matters related to all financial sanctions with regard to funds granted to the MHRD IPR Chair established under the IPERPO scheme at IIT Roorkee
Reply: IIT Roorkee has replied with a series of Statement of Expenditure ranging from 2010-2014 that explains its rate of expenditure and amount of interest accumulated and surrendered to the Government along with the unutilized amount. In the financial year 2011-2012 the unutilized expenditure was 3,105,159.00 which came down to 11,74, 026.00 in 2012-2013 due to which a grant of Rs. 24,00,000.00 was extended to the University by MHRD for the financial year 2013-2014.
Documents regarding all matters pertaining to finance and budget related the MHRD IPR Chair under the IPERPOs scheme established at IIT Roorkee
Reply: CIS did not receive any sort of clarity on matters pertaining to finance and budget related to MHRD IPR Chair under the IPERPO scheme as the response for this question was coupled with the previous question on utilization certificates.
Details of the IPR Chair’s salary under the IPERPO Scheme indicating whether this amount is paid over and above the professional’s usual salary
Reply: According to the RTI reply, the position of Chair Professor is awarded for a period of three years or upto 68 years of age, whichever is earlier. The pay of Chair Professor is fixed as per the rules and guidelines of Professional Chair in the institute.

2.0 Comparative Analysis between University Response and the guidelines of MHRD Scheme Document

The Scheme Document of MHRD is a comprehensive document which consists of guidelines regarding Intellectual Property Education, Research and Public Outreach. It talks about a list of objectives, purposes, conditions and eligibility criteria for a University to ensure in order to implement IPERPO in a truest sense. This document provides the procedural as well as qualifying conditions for an Institute to ensure or fulfil before applying for the MHRD grant. Some of these conditions include maintenance of utilization certificates, audit reports, expenditure statements and event information which would be open to access on demand by MDHR or Comptroller and Auditor General of India.

A. Objectives:

As it appears from the reply statement of IIT Roorkee, each and every event organised after the establishment of IPR Chair in 2012, where the funds from the grant have been utilized, is done to promote the scholarly as well as academic interests in the field of Intellectual Property. Even before applying for the MHRD grant, the University has organised many National Seminars and has started various short term courses in order to encourage research and excellence in Intellectual Property. This fact completely resonates with the core objective of MHRD scheme document, i.e. strengthening the academic and research discourses in the field of Intellectual Property.

B. Eligibility:
IIT Roorkee is recognized by the University Grants Commission. Therefore, it fulfils the eligibility criteria mentioned in the scheme document.

C. Conditions for Grant of Assistance
There are several conditions laid down in the scheme document which need to be fulfilled by the concerned University in order to successfully receive the grant. The underlying condition is the dissemination and development in the field of Intellectual Property Rights.

According to the documents available with CIS, IIT Roorkee has organised at least 27 events in the field of IPR ranging from introduction of new electives, National Workshops and Symposiums, Expert Lectures, Infrastructure Development, Online portals for IP Administration and awareness and infrastructure development.

3.0 Financial Analysis of IIT Roorkee’s IPR Grant

According to the RTI reply, the IPR Chair at IIT Roorkee was established in the forenoon of 27th April 2012 with Dr P.K. Ghosh as its Chairman. Dr Ghosh was promised an Honorarium payment of Rs. 30,000 per month and a Contingency payment of Rs. 20,000 per month.

3.1 Financial Year 2010-2011

In this financial year, the IPR Chair was not established at IIT Roorkee. The total grant received by the University was Rs. 30, 00,000.00 out of which Rs.0 was utilized for the purpose of it was sanctioned.

At the end of the financial year, the remaining amount of Rs. 30,00,000, (due to Nil utilisation) along with the interest of Rs. 27041 was either surrendered to the government or adjusted towards the grants-in-aid payable during the next financial year.

3.2 Financial Year 2011-2012

The IPR Chair was still not established at the University. The opening balance was the amount carried forward from the previous year (30,27,041) upon which interest of Rs. 1,17,117 was received making the total receipt to be 31,144,158. Out of this, a total of Rs. 38,999 was utilised for travelling and miscellaneous expenditure. At the end of the year, the remaining of amount of Rs. 3,105,159 was either surrendered to the government or adjusted towards the grant-in-aid payable during the next financial year 2012-2013. As per the documents available with CIS, the statement of expenditure for this financial year has not been submitted by the university.

3.3 Financial Year 2012-2013

In this financial year the IPR Chair was established with Dr. P.K. Ghosh as its Chairman. The Opening balance was the amount carried forward from the previous financial year (31,05,159) upon which an interest income of Rs.1,25,376 was received along with a refund of advance amounting to Rs. 42,968. Out of the total receipt of Rs. 32,73,503 the total expenditure of the University on the current financial year was Rs. 20,99,477. The remaining amount of Rs. 11,74,026 was either surrendered to the government or adjusted towards the grants-in-aid payable during the next financial year 2013-2014.

3.4 Financial Year 2013-2014

In this financial year, the University received a grant of Rs. 24,00,000 from the government along with the amount carried forward from the previous financial year (Rs.11,74,026) upon which an interest income of Rs. 55,892 was received. Out of this, a sum of Rs. 24,01,045 was utilised as contingency expenditure. The remaining amount of Rs. 12,28,873 has been either surrendered to the government or adjusted towards the grants-in-aid payable during the next financial year 2014-2015.

In this financial year, the expenditure on library (5,00,979) is the only sum which exceeded the sanctioned amount (5,00,000). Moreover, there has been no expenditure on Outreach Program and Clinics. The honorarium payment to the IPR Chair Professor is similar to the sanctioned amount (3,60,000) but there’s a difference in his contingent payment (1,39,645 instead of 2,40,000). The total amount of expenditure in this financial year is Rs. 24,01,045.

For more details visit https://cis-india.org/a2k/blogs/mhrd-ipr-chair-series-information-received-from-iit-roorkee

MHRD IPR Chair Series: Information Received from IIM, Bangalore

nehaa — 2016-05-21T09:13:30Z

To collect the information for the given study, an RTI application was filed to the Indian Institute of Management, Bangalore by the Centre for Internet and Society. The reply to RTI application was received on 16/12/2014. There was a further correspondence through email between the University and CIS following which additional supporting documents were provided by the University.

These are the documents received by CIS from IIM, Bangalore:

For response to the RTI application click here
For response to the email click here
For the report provided by IIM, Bangalore click here

Hereinafter, in order to receive any information about IIM, Bangalore’s RTI reply, kindly refer to the above mentioned links. Following are the queries mentioned in the RTI application along with their replies.

Reports on the implementation of the IPERPO scheme of the Ministry of Human Resource Development and the implementation of the MHRD IPR Chair funded under the scheme at IIM, Bangalore
Reply: IIM, Bangalore has submitted the documents required under this track. To view all the documents submitted by the University in reply, click here.
Documents detailing the release of grants to the MHRD IPR Chairs under the IPERPO Scheme
Reply: Documents pertaining to the financial years2005-06, 2007-08 and the period of 2012-2013 have been submitted by the University. To view the supporting documents click here.
Documents relating to receipts of utilisation certificates and audited expenditure statements and matters related to all financial sanctions with regard to funds granted to the MHRD IPR Chair established under the IPERPO scheme at IIM, Bangalore.
Reply: The University has provided utilisation certificate for the period of 2007-2014. To view the supporting documents, click here.
Details of the IPR Chair’s salary under the IPERPO Scheme indicating whether this amount is paid over and above the professional’s usual salary
Reply: The University has submitted the extract pertaining to the aforementioned query. To view the supporting documents submitted by the University, click here.

Comparative Analysis between University Response and the guidelines of MHRD Scheme Document

A. Objectives
In order to fulfil the objectives mentioned in the scheme document, IIM, Bangalore undertook following activities:
a. Introduction of electives at PGP and PGSEM level.
b. Promoting IPR related publications and case writing.
c. Provided input to the MHRD on matters pertaining to IPR.
d. Conducting multiple workshops over the years to further the training of teachers as well as at a student level
e. Hosting numerous conclaves and conferences on the subject of IPR and their relation to business
f. Held various symposiums, seminars and conferences for the furtherance of IPR
B. Eligibility
Indian Institute of Management, Bangalore is recognized by the University Grants Commission. Therefore, it fulfils the eligibility criteria mentioned in the scheme document.

Financial Analysis

A.Financial year 2007-08

The University received a grant of Rs. 5,00,000 with an incurred expenditure amounting to Rs. 7,45,000.

B. Financial year 2008-09

The University received Rs. 10,00,000 as a sanctioned grant by the MHRD out of which an expense of Rs. 1,09,307 was incurred. After settling with last year’s due balance, the unspent balance amounts to Rs. 8,95,000.

C. Financial year 2009-10

The University did not receive any grant from the MHRD in this year, however it utilized completely the carried forward balance of last year.

D. Financial year 2010-11

The University did not receive any grant from the MHRD in this year, however it incurred an expenditure of Rs. 38,84,000 in the implementation of the IPERPO scheme.

E. Financial year 2011-12

The University received a grant of Rs. 61,53,000 and incurred an expenditure of Rs. 60,89,295 leaving an unspent balance of Rs. 63,705.

F. Financial year 2012-13

The University received a grant of Rs. 27,00,000 from the MHRD which, in addition to the previous year’s carried forward balance amounted to Rs. 277,63,705. Out of this, the University utilized a sum of Rs. 25,35,206 for the purpose for which it was sanctioned leaving Rs. 2,28,499 as unspent balance.

G. Financial year 2013-14

The University received a grant of Rs. 23,50,000 from the MHRD which, in addition to the previous year’s unutilized balance amounted to Rs. 25,78,499. The university incurred an expense of Rs. 27,19,349.

Expenditure Analysis

For more details visit https://cis-india.org/a2k/blogs/mhrd-ipr-chair-series-information-received-from-iim-bangalore

MHRD IPR Chair Series: Information Received from IIM, Ahmedabad

nehaa — 2016-05-17T02:31:38Z

To collect the information for the given study, an RTI application was filed to the Indian Institute of Management, Ahmedabad on 24/11/2014 by the Centre for Internet and Society. The reply to RTI application was received on 09/12/2014. Following this, a second RTI application was filed by the Centre of Internet and Society on 09/02/21015. The reply to the same was received on 23/02/2015.

These are the documents received by CIS from IIM, Ahmedabad:

For response to first RTI application, click here
For response to second RTI application, click here

Hereinafter, in order to receive any information about IIM Ahmedabad’s RTI reply, kindly refer to the above mentioned links. Following are the queries mentioned in the RTI application along with their replies.

Reports on the implementation of the IPERPO scheme of the Ministry of Human Resource Development and the implementation of the MHRD IPR Chair funded under the scheme at IIM Ahmedabad.
Reply: IIM Ahmedabad responded that there has not been any institution of the post of IPR Chair at the University.
Documents detailing the release of grants to the MHRD IPR Chairs under the IPERPO Scheme
Reply: The University has provided no documents on the subject.
Documents relating to receipts of utilisation certificates and audited expenditure statements and matters related to all financial sanctions with regard to funds granted to the MHRD IPR Chair established under the IPERPO scheme at IIM Ahmedabad.
Reply: The University has provided no documents on the subject.
Details of the IPR Chair’s salary under the IPERPO Scheme indicating whether this amount is paid over and above the professional’s usual salary
Reply: The University has provided no documents on the subject.

A. Objectives

The University has not provided any documents detailing any activities undertaken to further the objectives of the IPERPO scheme.

B. Eligibility

IIM, Ahmedabad is recognized by the University Grants Commission. Therefore, it fulfils the eligibility criteria mentioned in the scheme document.

Financial Analysis

The University has not provided any documents on this subject.

For more details visit https://cis-india.org/a2k/blogs/mhrd-ipr-chair-series-information-received-from-iim-ahmedabad

Methodology: Statements of Working (Form 27) of Indian Mobile Device Patents

rohini — 2017-09-10T15:19:51Z

In India, if a patent is not locally worked within three years of its issuance, any person may request a compulsory license, and if the patent is not adequately worked within two years of the grant of such a compulsory license, it may be revoked. In order to provide the public with information about patent working, India requires every patentee to file an annual statement on “Form 27” describing the working of each of its issued Indian patents. We conducted the first comprehensive and systematic study of all Forms 27 filed with respect to mobile devices. We tried to empirically establish the extent to which patentees and licensees comply with the statutory requirement to declare information about the working of their patents. Research assistance was provided by interns Anna Liz Thomas and Nayana Dasgupta.

The research paper on patent landscape, Patents and Mobile Devices in India: An Empirical Survey, [PDF] was published in the Vanderbilt Journal of Transnational Law (2017).

The research paper on "Patent Working Requirements and Complex Products: An Empirical Assessment of India's Form 27 Practice and Compliance" has been published here (July 2017).

The dataset of all the Form 27 studied for this paper has been published here.

Research Questions

How many annual Form 27 submissions have been made to the Indian Patent Office for 4,419 granted patents identified in the landscape of mobile device patents in India?
How many patents have no corresponding Form 27 filed yet?
How many Form 27 submissions from those found are defective?
Is there an identifiable pattern in the defects and discrepancies?
Is there any discernible trend in filing of Form 27 over time and with respect to patent owners?

The objective of this paper is to quantitatively determine the extent to which patentees and licensees comply with the statutory requirement to declare information about the working of their patents according to Section 146(2) of the Patents Act, 1970 read with Rule 131 of the Patent Rules, 2003.

Section 146(2): Without prejudice to the provisions of sub-section (1), every patentee and every licensee (whether exclusive or otherwise) shall furnish in such manner and form and at such intervals (not being less than six months) as may be prescribed statements as to the extent to which the patented invention has been worked on a commercial scale in India.

Rule 131: Form and manner in which statements required under section 146(2) to be furnished

The statements shall be furnished by every patentee and every licensee under sub-section (2) of section 146 in Form 27 which shall be duly verified by the patentee or the licensee or his authorised agent.
The statements referred to in sub-rule (1) shall be furnished in respect of every calendar year within three months of the end of each year.
The Controller may publish the information received by him under sub-section (1) or sub-section (2) of section 146.

Object

The research object is Form 27 submissions made annually to the Indian Patent Office for the 4,419 granted patents.

4,052 of these patents were identified in the landscape (“the patent landscape”) developed by the Centre for Internet and Society as a part of ongoing research on patents pertaining to sub-USD-100 mobile devices sold in India. The dataset of the patent landscape can be accessed here. Another 367 patents pertaining to mobile technology identified during the landscaping exercise but excluded from it, were added to the initial set of 4,052 patents.

A blank copy of Form 27 is available here. The pro forma is defined as per Schedule II of Patent Rules, 2003.

Research Methods

[Corresponding research questions

How many annual Form 27 submissions have been made to the Indian Patent Office for 4,419 granted patents identified in the landscape of mobile device patents in India?
How many patents have no corresponding Form 27 filed yet?
How many Form 27 submissions from those found are defective?]

Outsourcing the searching of the submitted copies of Form 27 to a contractor

Owing to the repetitive nature of the process for collecting the forms, as well the large scale of the project, the task of searching was outsourced to a contractor. Price quotations were invited from five data entry operators and two firms of patent attorneys. On the basis of the quotation, deliverable time, scope and nature of the results delivered, and quality assurance, the contract was awarded to one firm. The firm offered the best price for a commensurate deliverable time and assured quality of results.

Form 27 retrieval online

Form 27 were searched from IPAIRS (Indian Patent Information Retrieval System) and InPASS (Indian Patent Advanced Search System) public databases of the Indian Patent Office.

InPASS has two features: Application Status and E-Register. We checked both features, in case forms not found through one could be located through the other. We indeed found that, sometimes, the forms not available on E-register could be found through the Application Status table, and vice versa.

Case 1: Accessing form 27 using Application Status tab on INPASS

A search portal is located at ipindiaservices.gov.in/publicsearch.

Enter the patent number in the “Patent Number” search field without the kind codes (IN) and click on “Search”. E.g., for patent number IN263932B, enter ‘263932’ in the “Patent Number” field.
Once the queried patent is displayed, select the “Application Status” tab to access the list of documents that were filed for the requested patent.

In the Application Status tab, scroll down to the bottom to view “Application Status table”. Click on the “View Documents” button to access the list of the documents filed for the queried patent. A pop-up window opens with the results.

In the window, a list of hyperlinks to various documents is displayed. Sometimes Form 27/ working statement is explicitly named so. At other times, it may have a different title. Once you click on the form 27 link, a PDF file opens in a new tab. There may be more than one Form 27 in the list of documents as Form 27 is an annual submission.

Case 2: No record of Form 27 found (Application status tab)

If the form is not present on InPASS, that is, if it has not been uploaded to the website, or if it has not been submitted to the Indian Patent Office (IPO), then it will not be displayed in the list of documents described in Case 1, step 5. Such instances have been logged as “No record found”.

Case 3: Accessing form 27 using E-Register tab on INPASS

At http://ipindiaservices.gov.in/publicsearch, a patent search portal is displayed. Enter the patent number by following the same steps as described in Case 1 until the queried patent is displayed. Select the “E-register” tab to access the e-register data corresponding to the queried patent.

In the “E-register” tab, scroll to the bottom to view the “Information u/s 146” table. The “Information u/s 146” table includes a list of Form 27 filed for the queried patent. As visible in the screenshot below, on clicking the “261762_2015” hyperlink, Form 27 for the queried patent opens. There could be multiple form 27s corresponding to different years.

Case 4: No record of Form 27 found (E-register)

If the form is not present in the E-register, that is, if it has not been uploaded to the website or if it has not been submitted to the IPO, then the E-Register tab displays “Eregister Not Available”.

Case 5: Searching on IPAIRS

Both InPASS and IPAIRS fetch forms from the same URL. However, we observed that one search engine sometimes displays the forms when the other doesn’t. The IPAIRS search engine was used when Form 27 was not found on InPASS.

IPAIRS patent search homepage: http://ipindiaonline.gov.in/patentsearch/search/index.aspx On the home page, in the Application Status tab, enter the full patent application number and CAPTCHA.
A window containing information pertaining to the patent application opens. At the bottom of the window, there is a “View Documents” button.

On clicking on “View Documents”, a new window with list of hyperlinked documents opens as described in Case 1, Step 5.

The URL for the new window displayed via “View Documents” on IPAIRS is the same as the URL displayed via “View Documents” in the “Application Status” tab on InPASS. For example, for patent number 263932, the URL for this window is the same on IPAIRS and InPASS: http://ipindiaonline.gov.in/patentsearch/GrantedSearch/viewdoc.aspx?id=Bx6eZ7YQLgsl3yH1LqKHjg==&loc=wDBSZCsAt7zoiVrqcFJsRw==

Form 27 retrieval via Right To Information (RTI) requests

CIS filed two requests under the RTI Act, 2005 with the Office of the Controller General of Patents, Designs, and Trade Marks in Mumbai.

CIS' RTI application to the Indian Patent Office in Mumbai, March 2016 [PDF]. The IPO's reply, April 2016 [PDF].

(View text: https://cis-india.org/a2k/blogs/rti-request-to-indian-patents-office-for-form-27-statement-of-working-of-patents-march-2016)

CIS' RTI application to the IPO in Mumbai, June 2015 [PDF]. The IPO's reply, June 2015 [PDF].

(View text: https://cis-india.org/a2k/blogs/rti-request-to-indian-patents-office-for-form-27-statement-of-working-of-patents-2015)

InPASS and IPAIRS yielded Form 27 for 1,999 patents out of 4,419. For Form 27 pertaining to 61 of the remaining patents, CIS made a request in March 2016 under the Right to Information Act (2005) to the office of the Indian Patent Office located in Mumbai.

How the 61 patents were chosen
37 of the 50 companies in the patent landscape owned granted patents. We took one patent from each of the 37 companies. [See Annexure 4 (PDF)of Methodology: Patent landscaping in the Indian mobile device market] The remaining were patents litigated in India, as well as patents transferred from one of the companies in the landscape to another.

IPO’s reply to the March 2016 RTI application
The IPO replied in April 2016 that it could provide CIS with forms for eleven of the requested patents. As for the rest of the forms, the IPO stated, “As thousand [sic] of Form-27 are filed in this office, it is very difficult to segregate Form-27 for the patent numbers enlisted in your RTI application as it needs diversion of huge official/ staff manpower and it will affect day to day [sic] work of this office.”

Repeating the Form 27 search online

A few days after CIS received the reply from the IPO, Form 27 pertaining to patents in the landscape started appearing on InPASS and IPAIRS E-register portal. CIS’ contractor repeated the search for forms for all 4,419 patents as some forms filed in 2016 and 2015 were found. Forms for additional 1,003 patents were found, taking the number of patents with at least one corresponding form to 3,002.

Of the 1,417 patents for which forms were not found, 481 are either expired or there is no log corresponding to them in the E-Register.

Schema for the results

Information from the Form 27 was logged into a spreadsheet with the following heads:
Serial Number -- Assignee -- Patent Number -- Status -- Application Date -- Grant Date -- Title -- Application Number -- Form 27 presence -- Multiple Forms -- Number of years -- Year -- If Worked -- Working/ Non-working Status -- Working/ Non-working Information -- Licensing Status -- Licensing Information -- Comments.

Detailed legend and process of logging the results

Assignee: Name of the company that owns the patent. Annexure 4 [PDF] lists 50 companies studied for the patent landscape. 37 of those companies owned patents in India. Thus, the assignee could be one of 37 companies among the 50 in Annexure 4. Where two assignees are mentioned, the patent was transferred from the second assignee to the first on account of sale of the patent, company merger, etc. For example, "Huawei|NEC" indicates that a patent that belonged to NEC was transferred to Huawei.

Form 27 presence: Whether or not Form 27 was found. Entries in this column are either “Yes” or “No”. If case Form 27 was not found, the subsequent columns are unpopulated.

Multiple Forms: If more than one Form 27 was found, the number of years for which it was found. In some cases, more than one form was found for the same patent for the same year. We have considered these instances as a single form for the same year and noted the defect in the “Comments” column.

Year: The year for which the form was filed. This information was found in #2 of the pro forma of Form 27. In the case of patents with Form 27 filed for more than one year, the entries for different years have been logged into consecutive rows.

If Worked: This information was found in 3(i) of the pro forma. Depending on whether the text of Form 27 states that the patent was “worked” or “not worked”, results have been logged as either “Yes” or “No”. In instances where it is not explicitly stated whether the patent has been worked or not, or where 3(i) is blank, the results are logged as “Not disclosed” with a description of the defect in the “Comments” column.

Working/ Non-working status: Corresponds to 3(i)a in the case of patents stated as “worked” and to 3(i)b in the case of those stated as “not worked”. The results have been marked as:

Description is generic (future use)
Description is generic (present use)
Description is specific
No description

Description is generic (future use): No specific information been provided as required by 3(i)a or 3(i)b. The description indicates that in the future the patentee might “work” or license the patent or do both. E.g: “May be worked in the future depending on the market demand and when technology is mature.”

“We are still assessing the commercial and technological aspects of working of this patent in India and negotiating marketing and distribution of patented product with related parties.”

“Technical developments [sic] are still continuing” or “Negotiations and technical developments [sic] are still continuing”.

Description is generic (present use): No specific information been provided as required by 3(i)a or 3(i)b. The description indicates that the patentee may be “working” the patent. E.g:, “DUE TO THE NATURE OF THE INVENTION, IT IS NOT POSSIBLE TO DETERMINE ACCURATELY WHETHER THE PATENTED INVENTION HAS BEEN WORKED IN INDIA OR NOT. Improvements in the invention are continuing to be made. The Patentee is actively looking for licensees and customers to commercialise the invention in the Indian environment.”

“... This patent is among a large number of patents in the patentee’s complex portfolio which may cover the products services and embedded technologies provided by the patentee or its licensee(s) in India. This patent might worked [sic] in India in some of the patentee(s) existing or future products, services and embedded technologies. Given the extremely Iarge number of patents that may apply to any given product or service of the patentee, it is very difficult to Identify and accurately update which of those patents would apply to the numerous products, services and embedded technologies.”

Description is specific: Specific information has been provided as required in 3(i)a or 3(i)b.

E.g, “Quantum of the patented product-303520 and value of the patented product in INR-2790524299”.

No description: 3(i)a and 3(i)b are blank.

Working/non-working information: Contains the full text of the descriptions mentioned in “Working/non-working status” column. These have been reproduced verbatim from Form 27 filings.

Licensing status: States whether or not the patent has been licensed as per 3(ii) of the pro forma for Form 27. Results are logged as “Yes” (licensed), “No” (no-licensed), “Cross-licensed” and “Not disclosed”.

“Not disclosed” indicates that the response to 3(ii) is either blank or there is an explicit statement that licensing information would not be disclosed on Form 27. E.g: “As all the licenses are confidential in nature, the details pertaining to the same are not being disclosed herein and may be provided to the Patent Office as and when the same is specifically directed by the Patent Office under sealed cover so that such details are not laid open in public domain.”

Licensing information: Contains the full text of the response reproduced verbatim from 3(ii). (Blank fields when there is no text in 3(ii))

For patents marked as licensed, this column contains the names and addresses of licensees and/ or sub-licensees.

For patents marked as not-licensed, this column is either blank or contains statements such as, “Information Not readily available; efforts will be made to collect and submit further information, if asked for.”, “None”, “No licensees”.

For patents marked as “cross-licensed”, the patentee states that it has a cross-licensing agreement with its licensees. E.g: “There is a cross license agreement between <company name> and at least one licensee, giving mutual rights to produce despite monopoly afforded by patents that are hold by any of the companies. There is no information available on whether the technology of said patent is included products sold by such licensee. As all the licenses are confidential in nature, the details pertaining to the same shall be provided under specific directions from the Patent Office.”

Comments: Contains information about defects and notable observations from the Form 27 submissions.

Validation of results

Validation of the results was done via deduplication first and then random sampling of 10% of the results.

Analysis of results

[Corresponding research questions:
4. Is there an identifiable pattern in the defects and discrepancies?
5. Is there any discernible trend in filing of Form 27 over time and with respect to patent owners?]

The results logged into the spreadsheet were analysed to find a pattern in the defects in the submissions. Visualisations will be created, if necessary.

Prior Art

Extraordinary writ petition in the matter of a public interest litigation, filed in the High Court of Delhi, Shamnad Basheer vs Union of India and others, C.M. No. 5590 of 2015 http://spicyip.com/wp-content/uploads/2015/05/FORM-27-WP-1R-copy.pdf

The petitioner(s) “sought to investigate the commercial working of certain patented inventions in India, particularly in relation to three key areas”. One of these areas include telecommunications technology. Para 53 to 58 of the writ elucidate on the petitioners’ observations and findings on “High technology patents and trolls”, while para 59 and 60 refer to the linkage between patents and products. Annexure P-8 of this petition contains copies of Form 27 filed by Ericsson in India. Annexure P-11 contains a “summary of findings of Form 27 investigations conducted by the petitioner”. Annexure P-4 (II. Telecommunications Sector) contains a list of 58 patents pertaining to the telecommunications domain in India. 21 of these are coincide with the patent landscape mentioned in “Research Object”.
Basheer had published a report in 2011 based on the findings of his RTI investigation of Form 27 pertaining to pharmaceutical patents in India. The report titled “RTI Applications and “Working” of Foreign Drugs in India?” is available at: http://www.spicyip.com/docs/Workingpatents.doc The report sheds light on lack of filing, incomplete filing and violation of patent working norms by pharmaceutical companies. He states having encountered difficulties during the RTI process: The RTI process was a very arduous one, with the patent office refusing information or claiming missing files in some cases. We had to resort to the appellate procedure in almost all cases. And in one case concerning the drugs Tarceva and Sutent, both the CPIO (Delhi office) and the appellate authority refused to provide information. We had to then take the matter up directly with Controller General PH Kurian who immediately ordered that the information be provided. Upon his instructions, the information was provided within 24 hours. However, we received this information only on the 4^th of April 2011, more than 6 months since we began the RTI process! (Source: Drug Firms and Patent "Working": Extent of Compliance with Form 27 http://spicyip.com/2011/04/drug-firms-and-patent-working-extent-of.html

Limitations

If Form 27 is not found on InPASS or INPAIRS, it is not possible to determine if the form has not been submitted to the IPO or it has been submitted but the IPO has not uploaded it. There is no publicly available database or log where such information is available.
Technical issues with the IPAIRS website hampered the speed of searching for and downloading Form 27. At the time of trial run in May 2015, the website was not available for nearly a week. Technical issues also lead to conflicting search results on IPAIRS and INPASS at times. For example, the form may be available via one search engine but not via another, even though they are fetched the files from the same database. Runtime errors occur due to browser caching.

Edited, September 10, 2017: To add -- URLs of the research paper on Form 27 published in July 2017, and of the dataset containing raw data, which was published and licensed CC-BY-SA 4.0.

For more details visit https://cis-india.org/a2k/blogs/methodology-statements-of-working-form-27-of-indian-mobile-device-patents

March 2010 Bulletin

praskrishna — 2012-08-13T05:02:42Z

Greetings from the Centre for Internet and Society! We bring you updates of our research, news, and events for the month of March 2010 in this bulletin.

News Updates

An Open Answer to Office
OpenOffice with its new features is giving Microsoft Word tough competition, says Deepa Kurup in this article published in The Hindu.
http://cis-india.org/news/open-office

Upcoming Events

CPOV: Wikipedia Research Initiative
The second WikiWars conference will be held in Amsterdam from 26 to 27 March 2010
http://cis-india.org/research/conferences/conference-blogs/cpov

CI Global Meeting on A2K
CIS is a co-sponsor of the Consumers International Meeting on A2K to be held in Kuala Lumpur, Malaysia on April 21 and 22, 2010.
http://cis-india.org/events/ci-global-meeting-a2k

Research

India Game Developer Summit Bangalore 2010
The India Game Developer Conference held at Nimhans Convention Centre on the 27th of February, 2010 was attended by Arun Menon who is working on The Gaming and Gold Project at The Centre for Internet and Society. The Developer forum brought together game developers from different sectors of the Game Production Cycle, with hardware manufacturers like Nvidia demonstrating their latest 3d technology and Software developers like Crytek and Adobe demonstrating the latest in developer tools for creating and editing games on multiple platforms.
http://cis-india.org/research/cis-raw/histories/gaming/india-game-developer-summit-in-bangalore-2010

10 Legendary Obscene Beasts
Nishant Shah analyses a peculiar event of vandalism which has now become the core of free speech and anti-censorship debates in mainland China. Looking at the structure of user generated knowledge websites and the specific event on the Chinese language encyclopaedia, 'Baidu Baike', he shows how, in cities where spaces of political spectacle and public protest are quickly diminishing, the Internet has become a tool for producing new public spaces of demonstration and protest.
http://cis-india.org/research/grants/ISShanghai/itcity4

WikiWars - A report
In this blog, Nishant Shah analyses about the WikiWars, the first of the three events held in Bangalore on January 12 and 13.
http://cis-india.org/research/conferences/conference-blogs/wwrep

Telecom

Understanding Spectrum
What is spectrum and how do government and commercial decisions on this scientific phenomenon affect public facilities and costs? Shyam Ponappa examines this in his latest blog published in the Business Standard on March 4, 2010.
http://cis-india.org/advocacy/telecom/blog/understanding-spectrum

For more details visit https://cis-india.org/about/newsletters/march-2010-bulletin