The Centre for Internet and Society
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Workshop on Innovation, Economic Development and IP in India and China
https://cis-india.org/a2k/news/workshop-on-innovation-economic-development-and-ip-in-india-and-china
<b>Anubha Sinha and Rohini Lakshané presented at the SMU-JINDAL-RENMIN Workshop on “Innovation, Economic Development, and IP in India and China,” co-organised by the Singapore Management University, O.P. Jindal Global University, and Renmin University of China, in Delhi during September 27-28, 2016. Amitabh Kant, Chief Executive Officer, NITI Aayog, delivered the inaugural address at the workshop.</b>
<p> </p>
<p>Workshop Brochure: <a href="https://cis-india.org/a2k/blogs/invitation-workshop-innovation-economic-development-and-ip-in-india-and-china" class="internal-link">Download</a> (PDF)</p>
<hr />
<h4>Anubha Sinha - "Investigating Limits to Innovation and Peer Production in India's Mobile Apps Economy"</h4>
<p>Slides: <a href="https://cis-india.org/a2k/blogs/investigating-limits-to-innovation-and-peer-production-in-indias-mobile-apps-economy" class="internal-link">Download</a> (PDF)</p>
<p><iframe frameborder="0" height="420" marginheight="0" marginwidth="0" scrolling="no" src="http://www.slideshare.net/slideshow/embed_code/key/hBZDkyN9kkgCfM" width="510"> </iframe></p>
<p> </p>
<h4>Rohini Lakshané - "Exploring Open Hardware in Mass Produced Mobile Phones"</h4>
<p>Slides: <a href="https://cis-india.org/a2k/blogs/exploring-open-hardware-in-mass-produced-mobile-phones" class="internal-link">Download</a> (PDF)</p>
<p><iframe frameborder="0" height="420" marginheight="0" marginwidth="0" scrolling="no" src="http://www.slideshare.net/slideshow/embed_code/key/N8TpwEtUAb4hRH" width="510"> </iframe></p>
<p>
For more details visit <a href='https://cis-india.org/a2k/news/workshop-on-innovation-economic-development-and-ip-in-india-and-china'>https://cis-india.org/a2k/news/workshop-on-innovation-economic-development-and-ip-in-india-and-china</a>
</p>
No publisherAnubha Sinha and Rohini LakshanéPeer ProductionAccess to KnowledgeIntellectual Property RightsOpen HardwareOpen InnovationMobile AppsPatents2016-10-09T04:41:38ZNews ItemMethodology: Statements of Working (Form 27) of Indian Mobile Device Patents
https://cis-india.org/a2k/blogs/methodology-statements-of-working-form-27-of-indian-mobile-device-patents
<b>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.</b>
<p style="text-align: justify; ">The research paper on patent landscape, <a class="external-link" href="https://www.vanderbilt.edu/jotl/wp-content/uploads/sites/78/6.-Contreras-Web.pdf">Patents and Mobile Devices in India: An Empirical Survey</a>, [PDF] was published in the Vanderbilt Journal of Transnational Law (2017).</p>
<p style="text-align: justify; ">The research paper on "Patent Working Requirements and Complex Products: An Empirical Assessment of India's Form 27 Practice and Compliance" has been published <a class="external-link" href="https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3004283">here</a> (July 2017).</p>
<p style="text-align: justify; ">The dataset of all the Form 27 studied for this paper has been published <a class="external-link" href="https://cis-india.org/a2k/blogs/dataset-for-patent-working-requirements-and-complex-products-an-empirical-assessment-of-indias-form-27-practice-and-compliance">here</a>.</p>
<hr />
<p><b>Research Questions</b></p>
<ol>
<li>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?</li>
<li>How many patents have no corresponding Form 27 filed yet?</li>
<li>How many Form 27 submissions from those found are defective?</li>
<li>Is there an identifiable pattern in the defects and discrepancies?</li>
<li>Is there any discernible trend in filing of Form 27 over time and with respect to patent owners?</li>
</ol>
<hr />
<p style="text-align: justify; ">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.</p>
<p style="text-align: justify; "><i>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.</i></p>
<p style="text-align: justify; "><i>Rule 131: Form and manner in which statements required under section 146(2) to be furnished </i></p>
<ol>
<li style="text-align: justify; "><i>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.</i></li>
<li><i>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.</i></li>
<li><i>The Controller may publish the information received by him under sub-section (1) or sub-section (2) of section 146.</i></li>
</ol>
<h2 style="text-align: justify; ">Object</h2>
<p style="text-align: justify; ">The research object is Form 27 submissions made annually to the Indian Patent Office for the 4,419 granted patents.</p>
<p style="text-align: justify; ">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 <a class="external-link" href="http://cis-india.org/a2k/blogs/dataset-patent-landscape-of-mobile-device-technologies-in-india">accessed here</a>. 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.</p>
<p style="text-align: justify; ">A blank copy of Form 27 is <a class="external-link" href="http://ipindia.nic.in/ipr/patent/manual/HTML%20AND%20PDF/Manual%20of%20Patent%20Office%20Practice%20and%20Procedure%20-%20html/Forms/Form-27.pdf">available here</a>. The <i>pro forma</i> is defined as per Schedule II of Patent Rules, 2003.</p>
<h2 style="text-align: justify; ">Research Methods</h2>
<p>[Corresponding research questions</p>
<ol>
<li>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?</li>
<li>How many patents have no corresponding Form 27 filed yet?</li>
<li>How many Form 27 submissions from those found are defective?]</li>
</ol>
<h3>Outsourcing the searching of the submitted copies of Form 27 to a contractor</h3>
<p style="text-align: justify; ">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.</p>
<h3 style="text-align: justify; ">Form 27 retrieval online</h3>
<p>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.</p>
<p>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.</p>
<h3>Case 1: Accessing form 27 using Application Status tab on INPASS</h3>
<ol>
<li>A search portal is located at ipindiaservices.gov.in/publicsearch.<br /><br /></li>
<p style="text-align: center; "><img src="https://cis-india.org/home-images/Pass.png" alt="Pass" class="image-inline" title="Pass" /></p>
<li>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.</li>
<li>Once the queried patent is displayed, select the “Application Status” tab to access the list of documents that were filed for the requested patent.<br /><br /></li>
<p style="text-align: center; "><img src="https://cis-india.org/home-images/copy_of_Pass.png" alt="Pass" class="image-inline" title="Pass" /></p>
<li>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.<br /><br /></li>
<p style="text-align: center; "><img src="https://cis-india.org/home-images/copy2_of_Pass.png" alt="Pass" class="image-inline" title="Pass" /></p>
<li style="text-align: justify; ">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.</li>
</ol>
<h3>Case 2: No record of Form 27 found (Application status tab)</h3>
<p style="text-align: justify; ">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”.</p>
<h3 style="text-align: justify; ">Case 3: Accessing form 27 using E-Register tab on INPASS</h3>
<ol>
<li style="text-align: justify; ">At <a class="external-link" href="http://ipindiaservices.gov.in/publicsearch">http://ipindiaservices.gov.in/publicsearch</a>, 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.</li>
<p style="text-align: center; "><img src="https://cis-india.org/home-images/copy3_of_Pass.png" alt="Pass" class="image-inline" title="Pass" /></p>
<li style="text-align: justify; ">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.</li>
</ol>
<p style="text-align: center; "><img src="https://cis-india.org/home-images/copy4_of_Pass.png" alt="Pass" class="image-inline" title="Pass" /></p>
<h3>Case 4: No record of Form 27 found (E-register)</h3>
<p style="text-align: justify; ">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”.</p>
<p style="text-align: center; "><img src="https://cis-india.org/home-images/copy5_of_Pass.png" alt="Pass" class="image-inline" title="Pass" /></p>
<h3>Case 5: Searching on IPAIRS</h3>
<p style="text-align: justify; ">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.</p>
<ol>
<li style="text-align: justify; ">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.</li>
<li style="text-align: justify; ">A window containing information pertaining to the patent application opens. At the bottom of the window, there is a “View Documents” button.</li>
<p style="text-align: center; "><img src="https://cis-india.org/home-images/copy6_of_Pass.png" alt="Pass" class="image-inline" title="Pass" /></p>
<li>On clicking on “View Documents”, a new window with list of hyperlinked documents opens as described in Case 1, Step 5.<br /><img src="https://cis-india.org/home-images/copy7_of_Pass.png" alt="Pass" class="image-inline" title="Pass" /></li>
</ol>
<p> </p>
<p>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==</p>
<h3>Form 27 retrieval via Right To Information (RTI) requests</h3>
<p>CIS filed two requests under the RTI Act, 2005 with the Office of the Controller General of Patents, Designs, and Trade Marks in Mumbai.</p>
<ul>
<li>CIS' RTI application to the Indian Patent Office in Mumbai, March 2016 [<a class="external-link" href="https://cis-india.org/a2k/blogs/rti-app-2016.pdf/at_download/file">PDF]</a>. The IPO's reply, April 2016 [<a class="external-link" href="https://cis-india.org/a2k/blogs/rti-reply-2016.pdf/at_download/file">PDF</a>].</li>
</ul>
<p>(View text: <a class="external-link" href="https://cis-india.org/a2k/blogs/rti-request-to-indian-patents-office-for-form-27-statement-of-working-of-patents-march-2016">https://cis-india.org/a2k/blogs/rti-request-to-indian-patents-office-for-form-27-statement-of-working-of-patents-march-2016</a>)</p>
<ul>
</ul>
<ul>
</ul>
<ul>
</ul>
<ul>
<li>CIS' RTI application to the IPO in Mumbai, June 2015 [<a class="external-link" href="https://cis-india.org/a2k/blogs/rti-app-2015.pdf/at_download/file">PDF</a>]. The IPO's reply, June 2015 [<a class="external-link" href="https://cis-india.org/a2k/blogs/rti-reply-2015.pdf/at_download/file">PDF</a>].</li>
</ul>
<p>(View text: <a class="external-link" href="https://cis-india.org/a2k/blogs/rti-request-to-indian-patents-office-for-form-27-statement-of-working-of-patents-2015">https://cis-india.org/a2k/blogs/rti-request-to-indian-patents-office-for-form-27-statement-of-working-of-patents-2015</a>)</p>
<ul>
</ul>
<p style="text-align: justify; ">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.</p>
<p style="text-align: justify; "><b>How the 61 patents were chosen<br /></b>37 of the 50 companies in the patent landscape owned granted patents. We took one patent from each of the 37 companies. [See <a class="external-link" href="http://cis-india.org/a2k/blogs/fifty-companies.pdf">Annexure 4</a> (PDF)of Methodology: Patent landscaping in the Indian mobile device market] The remaining were <a class="external-link" href="http://cis-india.org/a2k/blogs/compilation-of-mobile-phone-patent-litigation-cases-in-india">patents litigated in India</a>, as well as patents transferred from one of the companies in the landscape to another.</p>
<p style="text-align: justify; "><b>IPO’s reply to the March 2016 RTI application <br /></b>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.”</p>
<h3 style="text-align: justify; ">Repeating the Form 27 search online</h3>
<p style="text-align: justify; ">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.</p>
<p style="text-align: justify; ">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.</p>
<h3 style="text-align: justify; ">Schema for the results</h3>
<p style="text-align: justify; ">Information from the Form 27 was logged into a spreadsheet with the following heads:<br />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.</p>
<h3 style="text-align: justify; ">Detailed legend and process of logging the results</h3>
<p style="text-align: justify; "><b>Assignee</b>: Name of the company that owns the patent. <a class="external-link" href="http://cis-india.org/a2k/blogs/fifty-companies.pdf">Annexure 4</a> [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.</p>
<p style="text-align: justify; "><b>Form 27 presence: </b>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.</p>
<p style="text-align: justify; "><b>Multiple Forms: </b>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.</p>
<p style="text-align: justify; "><b>Year</b>: 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.</p>
<p style="text-align: justify; "><b>If Worked:</b> 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.</p>
<p style="text-align: justify; "><b>Working/ Non-working status: </b> 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:</p>
<ul>
<li>Description is generic (future use)</li>
<li>Description is generic (present use)</li>
<li>Description is specific</li>
<li>No description</li>
</ul>
<p style="text-align: justify; "><b>Description is generic (future use)</b>: 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.”</p>
<p>Or</p>
<p style="text-align: justify; ">“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.”</p>
<p>Or</p>
<p>“Technical developments [sic] are still continuing” or “Negotiations and technical developments [sic] are still continuing”.</p>
<p style="text-align: justify; "><b>Description is generic (present use): </b>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.”</p>
<p>Or</p>
<p style="text-align: justify; ">“... 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.”</p>
<p><b>Description is specific: </b>Specific information has been provided as required in 3(i)a or 3(i)b.</p>
<p>E.g, “Quantum of the patented product-303520 and value of the patented product in INR-2790524299”.</p>
<p><b>No description:</b> 3(i)a and 3(i)b are blank.</p>
<p style="text-align: justify; "><b>Working/non-working information:</b> Contains the full text of the descriptions mentioned in “Working/non-working status” column. These have been reproduced verbatim from Form 27 filings.</p>
<p style="text-align: justify; "><b>Licensing status: </b>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”.</p>
<p style="text-align: justify; ">“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.”</p>
<p><b>Licensing information: </b>Contains the full text of the response reproduced verbatim from 3(ii). (Blank fields when there is no text in 3(ii))</p>
<p>For patents marked as licensed, this column contains the names and addresses of licensees and/ or sub-licensees.</p>
<p style="text-align: justify; ">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”.</p>
<p style="text-align: justify; ">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.”</p>
<p><b>Comments: </b>Contains information about defects and notable observations from the Form 27 submissions.</p>
<h2>Validation of results</h2>
<p>Validation of the results was done via deduplication first and then random sampling of 10% of the results.</p>
<h2>Analysis of results</h2>
<p style="text-align: justify; ">[Corresponding research questions:<br />4. Is there an identifiable pattern in the defects and discrepancies?<br />5. Is there any discernible trend in filing of Form 27 over time and with respect to patent owners?]<br /><br />The results logged into the spreadsheet were analysed to find a pattern in the defects in the submissions. Visualisations will be created, if necessary.</p>
<h2 style="text-align: justify; ">Prior Art</h2>
<ol>
<li style="text-align: justify; ">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 <a href="http://spicyip.com/wp-content/uploads/2015/05/FORM-27-WP-1R-copy.pdf">http://spicyip.com/wp-content/uploads/2015/05/FORM-27-WP-1R-copy.pdf</a> <br /><br />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”.</li>
<li style="text-align: justify; ">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: <a href="http://www.spicyip.com/docs/Workingpatents.doc">http://www.spicyip.com/docs/Workingpatents.doc</a> 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: <i>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<sup>th</sup> of April 2011, more than 6 months since we began the RTI process! (Source:</i> Drug Firms and Patent "Working": Extent of Compliance with Form 27 <a href="http://spicyip.com/2011/04/drug-firms-and-patent-working-extent-of.html">http://spicyip.com/2011/04/drug-firms-and-patent-working-extent-of.html</a></li>
</ol>
<h2 style="text-align: justify; ">Limitations</h2>
<ol>
<li style="text-align: justify; ">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.</li>
<li style="text-align: justify; ">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. </li>
<br /></ol>
<p><b>Edited, September 10, 2017: </b>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.</p>
<ol> </ol>
<p>
For more details visit <a href='https://cis-india.org/a2k/blogs/methodology-statements-of-working-form-27-of-indian-mobile-device-patents'>https://cis-india.org/a2k/blogs/methodology-statements-of-working-form-27-of-indian-mobile-device-patents</a>
</p>
No publisherrohiniIntellectual Property RightsPatentsAccess to KnowledgePervasive Technologies2017-09-10T15:19:51ZBlog EntryInternational Conference on Innovation for Shared Prosperity
https://cis-india.org/a2k/news/international-conference-on-innovation-for-shared-prosperity
<b>Rohini Lakshane attended a conference on IP Rights, Competition and Standard Setting in the IT industry on August 20 and 21, 2016. The conference was organized by O.P. Jindal Global University and Jindal Initiative on Research in IP & Competition. </b>
<p><img src="https://cis-india.org/home-images/InternationalConference.jpg" alt="International Conference" class="image-inline" title="International Conference" /></p>
<p>
For more details visit <a href='https://cis-india.org/a2k/news/international-conference-on-innovation-for-shared-prosperity'>https://cis-india.org/a2k/news/international-conference-on-innovation-for-shared-prosperity</a>
</p>
No publisherpraskrishnaIntellectual Property RightsAccess to KnowledgeICT2016-08-25T02:40:59ZNews ItemSub$-100 Phones: Browser Compatibility Tests
https://cis-india.org/a2k/blogs/sub-100-phones-browser-compatibility-tests
<b>This post documents the results of browser compatibility tests conducted on six out of eight specimen mobile phones being studied under the Pervasive Technologies project. These phones are Internet-enabled and cost the equivalent of USD 100 or less in India. Rohini Lakshané and CIS volunteer Dhananjay Balan carried out the tests. Intern Shreshth Wadhwa provided assistance.</b>
<ul>
<li>Names and descriptions of mobile phones under study: <a class="external-link" href="http://cis-india.org/a2k/blogs/annexure-1-mobile-phones-to-study.pdf">Annexure 1</a></li>
<li>How the phones under study were chosen: <a class="external-link" href="http://cis-india.org/a2k/blogs/patent-landscaping-in-the-indian-mobile-device-market">Section 3.2: Criteria for choosing the mobile phones</a></li>
</ul>
<hr />
<h3 style="text-align: justify; ">Research Question:</h3>
<p>What technical standards are browsers pre-installed in the eight test phones compatible with?</p>
<p>This question partially answers research question #2 in <a class="external-link" href="http://cis-india.org/a2k/blogs/patent-landscaping-in-the-indian-mobile-device-market">Methodology: Patent Landscaping in the Indian Mobile Device Market</a>, that is, what patents pertain to [technical] capabilities commonly found in networked mobile devices sold in India for USD 100 or less?</p>
<h3 style="text-align: justify; ">Method:</h3>
<p style="text-align: justify; ">We conducted tests on all browsers pre-installed, that is, installed by the manufacturer, on six mobile phones to understand their extent of compliance with technical standards for the web. All browsers were tuned to their default settings and no plugins or extensions were installed in them. The tests could not be run on two phones for reasons stated in "Limitations".<br /><br />For Android v4.0 (Ice Cream Sandwich) and higher versions, we set up a local host and automated all the tests by using a script. The local host was set up to expose sample HTTP endpoints. We tested all browsers through this server.<br /><br />A Shell script was used to acquire screenshots of the results of the tests:<br /><i>#!/bin/bash<br /><br />adb shell screencap -p $1<br />adb pull $1</i><br /><br />We collected screenshots of devices with Android versions below v4.0 by capturing the framebuffer since the shell command was introduced in v4.0.</p>
<p style="text-align: justify; "><b>Script:</b> Github - https://gist.github.com/dbalan/e58f51b713bfd6d711fd02061e27ca90 or <b><a href="https://cis-india.org/a2k/blogs/github" class="internal-link">Download as .zip</a></b>.</p>
<p style="text-align: justify; ">Android version numbers, where applicable, can be found in the “User Agent” row of the test results. We took photos of the screens for the rest of the devices.</p>
<h3 style="text-align: justify; ">Standards and capabilities tested:</h3>
<p><b>Browser Network Support</b></p>
<ol>
<li>HTTP/1.1</li>
<li>HTTP/2</li>
<li>SSL</li>
<br /></ol>
<p><b>Acid Tests</b></p>
<p>Acid tests 1, 2, and 3 (http://www.acidtests.org) were run on all phones.</p>
<p style="text-align: justify; ">Acid 1 tests for compliance to the CSS 1.0 standard; Acid 2 for HTML 4, CSS 2.1, PNG, and data URLs. Acid 3 for SVG, HTML, SMIL, Unicode, DOM, ECMAScript (Javascript), and CSS 3, among other parameters. Here is the full list of specifications tested by Acid 3: http://www.webstandards.org/action/acid3/x</p>
<p style="text-align: justify; "><b>Image Formats</b></p>
<ul>
<li>JPEG</li>
<li>GIF</li>
<li>PNG</li>
</ul>
<ul>
</ul>
<h3></h3>
<h3></h3>
<h3>Results</h3>
<p>View as <a href="https://cis-india.org/a2k/blogs/sub-100-mobile-phones-browser-compatibility-tests" class="internal-link">.ods</a>; View as <a class="external-link" href="http://cis-india.org/a2k/blogs/sub-100-phones-browser-compatibility">.xls</a></p>
<h3></h3>
<h3></h3>
<h3>Reading the results:</h3>
<p>User-agent string</p>
<p><i>Example 1: Micromax Canvas Engage A091<br />User-agent: Mozilla/5.0 (Linux; Android 4.4.2; Micromax A091 Build/A091) AppleWebKit/537.36 (KHTML, like Gecko) Chrome/34.0.1847.114 Mobile Safari/537.36</i></p>
<p style="text-align: left; "><b>Mozilla/5.0</b>: Mozilla Firefox browser, version number<br />This is a user-agent token.</p>
<p><b>Linux</b>: Linux kernel<b> </b></p>
<p><b>Android 4.4.2:</b> Operating system, version number<b> </b></p>
<p style="text-align: left; "><b>Micromax</b> <b>A091</b>: Device ID</p>
<p style="text-align: left; "><b>Build/A091:</b> Build number.</p>
<p style="text-align: left; ">This is a customised Android build by Micromax. (Build numbers of stock Android 4.4.2 are KOT49H and KVT49L).<b> </b></p>
<p style="text-align: left; "><b>AppleWebKit/537.36</b>: WebKit, version number. WebKit by Apple is a component of a layout engine that renders web pages in browsers. It is based on KHTML.KHTML: HTML layout engine developed by KDE. Licensed LGPL.</p>
<p style="text-align: left; "><b>like Gecko</b>: A browser that behaves like a Gecko browser<br /><b> </b></p>
<p style="text-align: left; "><b>Chrome/34.0.1847.114</b>: Chrome for Android browser, version number<br /><b> </b></p>
<p style="text-align: left; "><b>Mobile:</b> Either mobile browser or mobile device, or both <br /><b> </b></p>
<p style="text-align: left; "><b>Safari/537.36:</b> Apple Safari browser, version number</p>
<p><i>Example 2: Opal Cyher-Shot NX900<br />User-agent: Dorado WAP-Browser/1.0.0/powerplay/2</i></p>
<p><b>Dorado WAP-Browser/1.0.0:</b> User agent key, version</p>
<p>This is a WAP browser for mobile phones <a class="external-link" href="https://www.google.com/url?q=http://thadafinser.github.io/UserAgentParserComparison/v4/user-agent-detail/d5/a6/d5a63f05-4b47-48b9-bcf6-9f1ff3d90867.html%23&sa=D&ust=1468082385035000&usg=AFQjCNEAjT9HLfuO9JJIzoAKXm095JixAA">based on a Java engine</a>. <i><br /></i></p>
<h3>Observations:</h3>
<p>Browsers pre-installed on phones of Indian brands comply with all technical standards and capabilities tested for. All of these phones -- Intex, Lava and Micromax -- also run on the Android operating system. In the case of failed tests, the results are the same or similar for most mobile phones. For example, Opera Mini 7.5 on Intex Aqua N15 and on Micromax Canvas Engage A091 scored 97/100 in the Acid3 test. This is in line with the <a class="external-link" href="http://d30ohmzj0cjdlk.cloudfront.net/en/Acid3">results released by Acid</a> for Opera Mini 7.5 and also by the <a class="external-link" href="http://www.browserscope.org/?category=acid3&v=top&ua=Opera%20Mini*&o=csv">Browserscope</a> project for profiling web browsers.</p>
<p>Awang, Yestel and Opal are brands from China or Hong Kong. The only pre-installed browser on Awang A808, an Android v2.3 (Gingerbread) phone, also cleared all tests but one. It scored 95/100 in the acid3 test, which is the case for the Firefox browser on most Gingerbread phones. The browsers on non-Android phones Yestel and Opal failed the tests for Acid1, Acid2, Acid3 and HTTP2, which indicates that while these phones are technically Internet-enabled, their users do not enjoy many of the benefits of the modern web.</p>
<h3>Screenshots or photos of results:</h3>
<p><a href="https://cis-india.org/a2k/blogs/photos-and-screenshots" class="internal-link">View photos and screenshots</a><br />The name of the file is in the format: <name of browser>_<name of format/ acid test with number>.<file extension><br />In the case of default browsers, <name of browser> appears as “android”.</p>
<h3>Limitations:</h3>
<p>Eight phones were under study. However, one of the phones (HiBro) did not contain a pre-installed browser. The only way to access the Internet on this phone was through pre-installed apps such as Facebook.</p>
<p>The operating system of Kechaoda K16, which was Java-based, did not yield to the script used for running the tests. It had one pre-installed WAP browser. Both these phones were excluded from the tests.<br /><br />Screenshots could not be obtained for the results of tests of two phones, Opal Cyher-Shot NX900 and Yestel Q5S+. We took photos of their screens instead.</p>
<ol> </ol>
<p>
For more details visit <a href='https://cis-india.org/a2k/blogs/sub-100-phones-browser-compatibility-tests'>https://cis-india.org/a2k/blogs/sub-100-phones-browser-compatibility-tests</a>
</p>
No publisherrohiniIntellectual Property RightsAccess to KnowledgePervasive Technologies2017-02-16T16:47:02ZBlog EntryNational Conference on Competition & IPR in ICT, Telecom & Mobile Sets
https://cis-india.org/a2k/news/national-conference-on-competition-ipr-in-ict-telecom-mobile-sets
<b>Rohini Lakshané and Anubha Sinha attended this conference held at Vigyan Bhawan in New Delhi on May 18, 2016. The event was organized by CMAI.</b>
<p style="text-align: justify; ">This was a specific conference dedicated to Make in India especially Mobile, Telecom and role of Competition v/s IPR. The speakers were from CCI, Industry and Legal luminaries. There is a need to arrive at balance between Competition and IPR. The conference was aimed to address the issues of IPRs v/s competition, role of SSO in standard settings, SEP’s contentions, basis of FRAND negotiations and need to recommend to Government to form an appropriate policy that is suitable for Make in India.</p>
<p style="text-align: justify; ">The conference focused on the need to discuss these issues with all the stakeholders and come out with appropriate status on the date and its relevance on Make in India and appropriate recommendations to the government. Further details of the conference can be <a class="external-link" href="http://cmai.asia/cci/">accessed here</a>.</p>
<p>
For more details visit <a href='https://cis-india.org/a2k/news/national-conference-on-competition-ipr-in-ict-telecom-mobile-sets'>https://cis-india.org/a2k/news/national-conference-on-competition-ipr-in-ict-telecom-mobile-sets</a>
</p>
No publisherpraskrishnaIntellectual Property RightsAccess to Knowledge2016-05-30T01:50:19ZNews ItemModi’s New Intellectual Property Rights Policy Will Only Benefit Players with Deep Pockets
https://cis-india.org/a2k/blogs/modi2019s-new-intellectual-property-rights-policy-will-only-benefit-players-with-deep-pockets
<b>The new policy fails to enact a balanced regime and instead is tilted in favour of rights-holders.</b>
<p>The article was <a class="external-link" href="http://thewire.in/2016/05/21/the-new-intellectual-property-rights-policy-will-only-benefit-players-with-deep-pockets-and-great-power-37567/">published in Wire</a> on May 21, 2016</p>
<hr />
<p style="text-align: justify; ">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.</p>
<p style="text-align: justify; ">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.</p>
<p style="text-align: justify; ">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.</p>
<p style="text-align: justify; ">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.</p>
<h3 style="text-align: justify; ">Chinese copycat?</h3>
<p style="text-align: justify; ">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.</p>
<p style="text-align: justify; ">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?</p>
<p style="text-align: justify; ">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.</p>
<h3 style="text-align: justify; ">Next up, pharma</h3>
<p style="text-align: justify; ">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.</p>
<p style="text-align: justify; ">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.</p>
<hr />
<p style="text-align: justify; ">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.</p>
<p>
For more details visit <a href='https://cis-india.org/a2k/blogs/modi2019s-new-intellectual-property-rights-policy-will-only-benefit-players-with-deep-pockets'>https://cis-india.org/a2k/blogs/modi2019s-new-intellectual-property-rights-policy-will-only-benefit-players-with-deep-pockets</a>
</p>
No publishersinhaIntellectual Property RightsAccess to Knowledge2016-05-28T16:02:54ZBlog EntryMHRD IPR Chair Series: Information Received from NLSIU
https://cis-india.org/a2k/blogs/mhrd-ipr-chair-series-information-received-from-nlsiu
<b>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 the National Law School of India University. </b>
<p>Nisha S. Kumar assisted in compilation of this blog post.</p>
<hr />
<p style="text-align: justify; ">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.</p>
<p style="text-align: justify; ">These are the documents received by CIS from NLSIU:</p>
<ul>
<li>For response to the RTI application <a href="https://cis-india.org/a2k/blogs/RTI%20response%20dt.%2018.12.2014.pdf" class="external-link">click here</a></li>
<li>For documents related to the establishment of NLSIU's IPR cell and IPR chair <a href="https://cis-india.org/a2k/blogs/Minutes%20of%20the%20meeting%20on%20progress%20of%20IPR%20Chairs_point%202.pdf" class="external-link">click here</a></li>
</ul>
<p style="text-align: justify; ">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.</p>
<ul>
<li style="text-align: justify; "><span>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<br /></span><span>Reply: NLSIU has submitted the documents required under this track. To view all the documents submitted by the University in reply,click here.</span></li>
<li style="text-align: justify; "><span>Documents detailing the release of grants to the MHRD IPR Chairs under the IPERPO Scheme<br />Reply: Documents pertaining to the period of 2004-2013 and 2013-14 have been submitted by the University. To view the supporting documents <a href="https://cis-india.org/a2k/blogs/Point%203.pdf" class="external-link">click here</a> and <a href="https://cis-india.org/a2k/blogs/NLS%20dt.%2021.04.2015.pdf" class="external-link">here</a>. </span></li>
<li style="text-align: justify; "><span>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.<br />Reply: The University has provided utilisation certificate for the period of 2004-2014. To view the supporting documents, <a href="https://cis-india.org/a2k/blogs/MHRD%20Estimate%20Expenditure.pdf" class="external-link">click here</a></span></li>
</ul>
<h3>Comparative Analysis between University Response and the guidelines of MHRD Scheme Document</h3>
<p style="text-align: justify; ">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.</p>
<p>A. Objectives <br /> In order to fulfil the objectives mentioned in the scheme document, NLSIU undertook following activities:</p>
<ol>
<li>Introduction of UG and PG level courses on IPR</li>
<li>Introduction of PhD fellowships in the field of IPR.</li>
<li>Conducting multiple workshops over the years to further the training of teachers as well as at a student level</li>
<li>Hosting numerous conclaves on the subject of IPR and their relation to business </li>
<li>Providing short term course on training of teachers in the field of IPR</li>
<li>Held various symposiums, seminars and conferences for the furtherance of IPR</li>
<li>Invited esteemed professors from the field for guest lectures</li>
<li>Established an IPR library in the IPR cell</li>
<li>Website on IPR launched</li>
</ol>
<p>B. Eligibility <br /> NLSIU is recognized by the University Grants Commission. Therefore, it fulfils the eligibility criteria mentioned in the scheme document.</p>
<p>Financial Analysis 2004-05</p>
<p><img src="https://cis-india.org/home-images/copy36_of_Utilization.jpg" alt="Utilization" class="image-inline" title="Utilization" /></p>
<p>The University received a grant of Rs. 5,00,000 out of which it incurred an expense of Rs. 9,33,241.</p>
<p>B. Financial year 2008-09</p>
<p><img src="https://cis-india.org/home-images/copy37_of_Utilization.jpg" alt="Utilization" class="image-inline" title="Utilization" /></p>
<p>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.</p>
<p>C. Financial year 2009-10</p>
<p><img src="https://cis-india.org/home-images/copy38_of_Utilization.jpg" alt="Utilization" class="image-inline" title="Utilization" /></p>
<p>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.</p>
<p>D. Financial year 2010-11</p>
<p><img src="https://cis-india.org/home-images/copy39_of_Utilization.jpg" alt="Utilization" class="image-inline" title="Utilization" /></p>
<p>The University did not receive any grant, however, it incurred an expenditure of Rs. 32,88,478.</p>
<p>E. Financial year 2011-12</p>
<p><img src="https://cis-india.org/home-images/copy40_of_Utilization.jpg" alt="Utilization" class="image-inline" title="Utilization" /></p>
<p>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.</p>
<p>F. Financial year 2012-13</p>
<p><img src="https://cis-india.org/home-images/copy41_of_Utilization.jpg" alt="Utilization" class="image-inline" title="Utilization" /></p>
<p>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.</p>
<p>G. Financial year 2013-14</p>
<p><img src="https://cis-india.org/home-images/copy43_of_Utilization.jpg" alt="Utilization" class="image-inline" title="Utilization" /></p>
<p>The University incurred an expendiute of Rs. 45,31,927 against a sanctioned grant of Rs. 45,00,000.</p>
<p><strong>Expenditure Analysis for the Financial Year 2012-13</strong></p>
<p><strong><img src="https://cis-india.org/home-images/copy2_of_Expenditure.jpg" alt="Expenditure" class="image-inline" title="Expenditure" /></strong></p>
<p>
For more details visit <a href='https://cis-india.org/a2k/blogs/mhrd-ipr-chair-series-information-received-from-nlsiu'>https://cis-india.org/a2k/blogs/mhrd-ipr-chair-series-information-received-from-nlsiu</a>
</p>
No publishernehaaIntellectual Property RightsAccess to Knowledge2016-05-27T16:15:49ZBlog EntryMHRD IPR Chair Series: Information Received from NLU, Jodhpur
https://cis-india.org/a2k/blogs/mhrd-ipr-chair-series-information-received-from-nlu-jodhpur
<b>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.</b>
<p>Nisha S. Kumar assisted in compilation of the document.</p>
<hr />
<p>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.</p>
<p>These are the documents received by CIS from NLU, Jodhpur:</p>
<ul>
<li><span>For the reply to the RTI application </span><a href="https://cis-india.org/a2k/blogs/nlu%20jodhpur%20Information%20under%20RTI%20Act-%202015.pdf" class="external-link">click here</a></li>
<li><span>For the proposal to establish the IPR chair at NLU Jodhpur click here</span></li>
</ul>
<p style="text-align: justify; ">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.</p>
<p style="text-align: justify; "><span>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. </span></p>
<p style="text-align: justify; "><span>Reply: NLU, Jodhpur has submitted the documents required under this track for the period of 2008-2015. To view the relevant documents, <a href="https://cis-india.org/a2k/blogs/NLU%20Jodhpur.zip/view" class="external-link">download the file</a> (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).</span></p>
<ul>
<li style="text-align: justify; ">Documents detailing the release of grants to the MHRD IPR Chairs under the IPERPO Scheme<br />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,<a href="https://cis-india.org/a2k/blogs/NLU%20Jodhpur.zip" class="external-link">click here</a>.(nlu jodhpur F. No. 10.2008-IC’)</li>
<li style="text-align: justify; ">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. <br />Reply: The University has provided utilisation certificatefor the period of 2008-11 and 2013-14. To view the supporting documents, <a href="https://cis-india.org/a2k/blogs/NLU%20Jodhpur.zip" class="external-link">click here</a>. (nlu jodhpur Utilisation Certificate’)</li>
</ul>
<h3>Comparative Analysis between University Response and the guidelines of MHRD Scheme Document</h3>
<p style="text-align: justify; ">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.</p>
<p>A. Objectives <br /> In order to fulfil the objectives mentioned in the scheme document, NLU Jodhpur undertook following activities:</p>
<ol>
<li>Introduction of UG and PG level courses on IPR</li>
<li>Conducting lecture series on the subject of IPR.</li>
<li>Conducting multiple workshops over the years to further the training of teachers as well as at a student level</li>
<li>Hosting numerous conclaves on the subject of IPR and their relation to business </li>
<li>Providing short term course on training of teachers in the field of IPR</li>
<li>Held various symposiums, seminars and conferences for the furtherance of IPR</li>
<li>Invited esteemed professors from the field for guest lectures</li>
<li>Established an IPR library in the IPR cell</li>
</ol>
<p>B. Eligibility <br /> NLU, Jodhpur is recognized by the University Grants Commission. Therefore, it fulfils the eligibility criteria mentioned in the scheme document.</p>
<p><b>Financial Analysis</b><br />A.Financial year 2008-09 <br /><img src="https://cis-india.org/home-images/copy31_of_Utilization.jpg" alt="Utilization" class="image-inline" title="Utilization" /></p>
<p>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.</p>
<p>B. Financial year 2010-11</p>
<p><span style="text-decoration: underline;">First installment</span></p>
<p><span style="text-decoration: underline;"><img src="https://cis-india.org/home-images/copy32_of_Utilization.jpg" alt="Utilization" class="image-inline" title="Utilization" /></span></p>
<p>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.</p>
<p><span style="text-decoration: underline;">Second Instalment</span></p>
<p><span style="text-decoration: underline;"><img src="https://cis-india.org/home-images/copy33_of_Utilization.jpg" alt="" class="image-inline" title="" /></span></p>
<p>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.</p>
<p>C. Financial year 2013-14</p>
<p><img src="https://cis-india.org/home-images/copy34_of_Utilization.jpg" alt="Utilization" class="image-inline" title="Utilization" /></p>
<p>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.</p>
<p><b>Expenditure Analysis</b></p>
<p><img src="https://cis-india.org/home-images/copy35_of_Utilization.jpg" alt="Expenditure" class="image-inline" title="Expenditure" /></p>
<div></div>
<p>
For more details visit <a href='https://cis-india.org/a2k/blogs/mhrd-ipr-chair-series-information-received-from-nlu-jodhpur'>https://cis-india.org/a2k/blogs/mhrd-ipr-chair-series-information-received-from-nlu-jodhpur</a>
</p>
No publishernehaaIntellectual Property RightsAccess to Knowledge2016-05-26T02:03:42ZBlog EntryMHRD IPR Chair Series: Information Received from IIM, Bangalore
https://cis-india.org/a2k/blogs/mhrd-ipr-chair-series-information-received-from-iim-bangalore
<b>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 IIM, Bangalore. </b>
<p style="text-align: justify; ">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.</p>
<p style="text-align: justify; ">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.</p>
<p>These are the documents received by CIS from IIM, Bangalore:</p>
<ul>
<li>For response to the RTI application <a href="https://cis-india.org/a2k/blogs/IIM-Blore%20-%20RTI%20receipt%20-%2016.12.14.pdf" class="external-link">click here</a></li>
<li>For response to the email <a href="https://cis-india.org/a2k/blogs/Bangalore.pdf" class="external-link">click here</a></li>
<li>For the report provided by IIM, Bangalore <a href="https://cis-india.org/a2k/blogs/IIM-Blore%20-%20Response%20and%20report.pdf" class="external-link">click here</a></li>
</ul>
<p style="text-align: justify; ">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.</p>
<ul>
<li>
<div style="text-align: justify; ">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<br />Reply: IIM, Bangalore has submitted the documents required under this track. To view all the documents submitted by the University in reply, <a href="https://cis-india.org/a2k/blogs/Docs%20containing%20info.%20to%20query%201.pdf" class="external-link">click here</a>.</div>
</li>
<li>
<div style="text-align: justify; ">Documents detailing the release of grants to the MHRD IPR Chairs under the IPERPO Scheme<br />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 <a href="https://cis-india.org/a2k/blogs/Docs%20containing%20info.%20to%20query%203.pdf" class="external-link">click here</a>.</div>
</li>
<li>
<div style="text-align: justify; ">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.<br />Reply: The University has provided utilisation certificate for the period of 2007-2014. To view the supporting documents, <a href="https://cis-india.org/a2k/Docs%20containing%20info.%20to%20query%204%20-%205.pdf" class="external-link">click here</a>.</div>
</li>
<li>
<div style="text-align: justify; ">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<br />Reply: The University has submitted the extract pertaining to the aforementioned query. To view the supporting documents submitted by the University, <a href="https://cis-india.org/a2k/blogs/Docs%20containing%20info.%20to%20query%206.pdf" class="external-link">click here</a>.</div>
</li>
</ul>
<h3>Comparative Analysis between University Response and the guidelines of MHRD Scheme Document</h3>
<p style="text-align: justify; ">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.</p>
<p style="text-align: justify; ">A. Objectives <br />In order to fulfil the objectives mentioned in the scheme document, IIM, Bangalore undertook following activities:<br />a. Introduction of electives at PGP and PGSEM level.<br />b. Promoting IPR related publications and case writing.<br />c. Provided input to the MHRD on matters pertaining to IPR.<br />d. Conducting multiple workshops over the years to further the training of teachers as well as at a student level<br />e. Hosting numerous conclaves and conferences on the subject of IPR and their relation to business <br />f. Held various symposiums, seminars and conferences for the furtherance of IPR<br />B. Eligibility <br />Indian Institute of Management, Bangalore is recognized by the University Grants Commission. Therefore, it fulfils the eligibility criteria mentioned in the scheme document.</p>
<h3 style="text-align: justify; ">Financial Analysis</h3>
<p>A.Financial year 2007-08</p>
<p><img src="https://cis-india.org/home-images/copy10_of_Utilization.jpg" alt="Utilization" class="image-inline" title="Utilization" /></p>
<p>The University received a grant of Rs. 5,00,000 with an incurred expenditure amounting to Rs. 7,45,000.</p>
<p>B. Financial year 2008-09</p>
<p><img src="https://cis-india.org/home-images/copy12_of_Utilization.jpg" alt="Utilization" class="image-inline" title="Utilization" /></p>
<p>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.</p>
<p>C. Financial year 2009-10</p>
<p><img src="https://cis-india.org/home-images/copy14_of_Utilization.jpg" alt="Utilization" class="image-inline" title="Utilization" /></p>
<p>The University did not receive any grant from the MHRD in this year, however it utilized completely the carried forward balance of last year.</p>
<p>D. Financial year 2010-11</p>
<p><img src="https://cis-india.org/home-images/copy15_of_Utilization.jpg" alt="Utilization" class="image-inline" title="Utilization" /></p>
<p>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.</p>
<p>E. Financial year 2011-12</p>
<p><img src="https://cis-india.org/home-images/copy17_of_Utilization.jpg" alt="Utilization" class="image-inline" title="Utilization" /></p>
<p>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.</p>
<p>F. Financial year 2012-13</p>
<p><img src="https://cis-india.org/home-images/copy19_of_Utilization.jpg" alt="Utilization" class="image-inline" title="Utilization" /></p>
<p>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.</p>
<p>G. Financial year 2013-14</p>
<p><img src="https://cis-india.org/home-images/copy20_of_Utilization.jpg" alt="Utilization" class="image-inline" title="Utilization" /></p>
<p style="text-align: justify; ">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.</p>
<p style="text-align: justify; ">Expenditure Analysis</p>
<p style="text-align: justify; "><img src="https://cis-india.org/home-images/copy_of_Expenditure.jpg" alt="Expenditure" class="image-inline" title="Expenditure" /></p>
<p>
For more details visit <a href='https://cis-india.org/a2k/blogs/mhrd-ipr-chair-series-information-received-from-iim-bangalore'>https://cis-india.org/a2k/blogs/mhrd-ipr-chair-series-information-received-from-iim-bangalore</a>
</p>
No publishernehaaIntellectual Property RightsAccess to Knowledge2016-05-21T09:13:30ZBlog EntrySectoral Innovation Councils on Intellectual Property Rights – RTI Requests + DIPP Responses
https://cis-india.org/a2k/blogs/sectoral-innovation-councils-intellectual-property-rights-2013-rti-requests-dipp-responses
<b>CIS filed an RTI application on August 11, 2015, seeking information regarding the functioning of the Sectoral Innovation Council (SInC) on Intellectual Property Rights. This post documents the responses received.</b>
<p style="text-align: justify; ">Nisha Kumar assisted in the compilation of this document.</p>
<hr style="text-align: justify; " />
<p style="text-align: justify; ">The RTI application can be <a href="https://cis-india.org/a2k/blogs/DIPP%20Response%20on%20SInCs%20dt.%2003.09.2015%20-2.pdf" class="external-link">accessed here</a>.</p>
<p style="text-align: justify; ">The following details were received from the Department of Industrial Policy and Promotion (DIPP):</p>
<h3 style="text-align: justify; "><a href="https://cis-india.org/a2k/blogs/MoM%20with%20Sam%20Pitroda%20on%20SInCs%20dt%2015th%20Jan%202011.pdf" class="external-link">Creation of SInCs</a></h3>
<p style="text-align: justify; ">A meeting, under the chairmanship of Sam Pitroda, was held on January 15, 2011, to discuss the setting of SInCs for various ministries. The SInCs would be autonomous and decentralised bodies focused on preparing a Roadmap for a Decade of Innovations in their respective sectors.</p>
<h3 style="text-align: justify; "><a href="https://cis-india.org/a2k/blogs/Office%20Memorandum%20and%20list%20of%20Members%20of%20%20SInC%20on%20IPR.pdf" class="external-link">SInCs on IPR</a></h3>
<p style="text-align: justify; ">The SInC on IPR had 12 members from various stakeholder groups including academicians, research organizations, industries and the government. There were no members on behalf of civil society organizations of non-governmental organizations. The manner and the basis on which these members were selected has not been disclosed.</p>
<h3 style="text-align: justify; ">SInC Meeting 1: September 7, 2011</h3>
<p style="text-align: justify; ">The list of attendees is available in the file ‘Office Memorandum and list of Members of SInC on IPR’</p>
<p style="text-align: justify; "><strong>Attendance</strong><br />A meeting for the SInC on IPR was held on September 7, 2011 under the chairmanship of the DIPP. This meeting was attended by only 9 members out of 12. Amongst those absent were Dr. Ranbir Singh (National Law University, Delhi), Prof. Govardhan Mehta (IISc, Bangalore) and Mr. Soshil Kumar Jain (Panacea Biotec). Additionally, organizations such as IIT, Delhi and BHEL and Tata Motors were represented by members different from the ones on the original list of members.</p>
<p style="text-align: justify; "><strong>Agenda</strong><br />The agenda and minutes of the meeting are <a href="https://cis-india.org/a2k/blogs/Agenda%20and%20minutes%20of%20meeting_07.09.2011%20-1.pdf" class="external-link">available here</a></p>
<p style="text-align: justify; ">The meeting had three items on the agenda – developing a framework for the National IPR policy, discussion on utility models and co-opting knowledge partners or research institutions for preparation of draft report.</p>
<p style="text-align: justify; ">i. Developing a framework for the National IPR strategy</p>
<p style="text-align: justify; ">Members were called to give their views and suggestions on the National IPR strategy. Firstly, it was unanimously submitted that measures to increase innovation in the Small and Medium Enterprise (SME) sector had to be adopted. Different means for the same were suggested, such as improving access to databases on patents and non-patents literature, development of product catalogues by SME clusters and making low-cost technology available to SMEs through government acquisition.</p>
<p style="text-align: justify; ">Secondly, development of expertise to file pre-grant opposition for preventing grant of frivolous patents was emphasized upon. The members also agreed on identifying ‘white spaces’ that were lacking in innovation.</p>
<p style="text-align: justify; ">Finally, the members stressed on introducing a course on IPR in the curriculum of technical and post graduate/research programmes in science. Action point – all members were required to prepare a position paper on the framework of the national IPR strategy within 1 month of the issue of the minutes by the DIPP. It was suggested that the framework should include the philosophy for a National IPR strategy, objectives to encourage IP, measures for modernizing IP offices and interventions for promoting commercialization of IP. The draft framework can be <a href="https://cis-india.org/a2k/blogs/The%20Utility%20Model%20Framework%20-1.pdf" class="external-link">accessed here</a></p>
<p style="text-align: justify; ">ii. Discussion on utility models</p>
<p style="text-align: justify; ">The utility model framework can be <a href="https://cis-india.org/a2k/blogs/The%20Utility%20Model%20Framework%20-1.pdf" class="external-link">accessed here</a></p>
<p style="text-align: justify; ">It was agreed that the utility models should be protected through a separate legal framework. The maximum period of protection would be 8 years and the number of claims would be limited to 5. However, members agreed that this should not lead to evergreening of patents. Utility models will be covered in detail in a subsequent post.</p>
<p style="text-align: justify; ">iii. Co-opting knowledge partner/research institutions for preparation of draft report</p>
<p style="text-align: justify; ">Preparation of a National IPR strategy would require a detailed study of the present IPR scenario and its different aspects.</p>
<p style="text-align: justify; ">Action point – National Law School, Bangalore, was co-opted as the knowledge partner for preparing the draft report.</p>
<h3 style="text-align: justify; ">SInC Meeting 2: February 10, 2012</h3>
<p style="text-align: justify; ">The agenda, office memorandum, list of participants and minutes of the meeting are <a href="https://cis-india.org/a2k/blogs/Agenda%20-%20Minutes%20of%20the%20SInCs%20meeting_%2010.02.2012%20-1.pdf" class="external-link">available here</a>.</p>
<p style="text-align: justify; ">Two different lists of attendees submitted in response to the RTI application (found here and here). As per both the lists, all the members were not present at the meeting and several organizations were represented by members different from the ones on the original Council.</p>
<p style="text-align: justify; ">The items on the agenda were –</p>
<ul style="text-align: justify; ">
<li>
<div style="text-align: justify; ">Action taken after meeting 1;</div>
</li>
<li>
<div style="text-align: justify; ">Inputs for draft National IPR strategy; and,</div>
</li>
<li>
<div style="text-align: justify; ">Discussion paper on Utility Models</div>
</li>
</ul>
<p style="text-align: justify; ">i. Action taken after meeting 1<br />The DIPP decided to take care of the administrative infrastructure of the IPR management in the country. The members were asked to give suggestions on the aspects of acquisition, protection and commercialization of IPRs.</p>
<p style="text-align: justify; ">It had been decided at the previous meeting that the position papers on the National IPR strategy were to be submitted within 1 month of the release of the minutes. However, only 4 members had given inputs. The remaining members were requested to expedite the same.</p>
<p style="text-align: justify; ">Also, National Law School, Bangalore, was unable to contribute to the preparation of the draft National IPR strategy. Hence IIT Delhi was co-opted as the alternate knowledge partner for the same.</p>
<p style="text-align: justify; ">ii. Inputs for the draft National IPR strategy</p>
<p style="text-align: justify; ">Several submissions were made by the members. Briefly, some of these were –</p>
<ul style="text-align: justify; ">
<li>Diagnosis of reasons for not opting of registration of IPRs by SMEs;</li>
<li>Policy guidelines for the MOUs to be signed between the government and research institutions in case of government funding;</li>
<li>Need for DIPP to come up with policy on IPR ownership and management in case of government funding.</li>
</ul>
<p style="text-align: justify; ">The members also supported the inclusion of a policy in the National IPR strategy to promote commercialization of innovations by individuals, SMEs and public sector units (PSUs).</p>
<p style="text-align: justify; ">iii. Discussion paper on Utility Models</p>
<p style="text-align: justify; ">Members were of the opinion that a utility model framework should be introduced to encourage individuals and SMEs to innovate. They were requested to expedite their inputs on the draft legal framework for utility models that had been circulated to them (<a href="https://cis-india.org/a2k/blogs/The%20Utility%20Model%20Framework%20-1.pdf" class="external-link">available here</a>)</p>
<p style="text-align: justify; ">The date of the next meeting was decided as March 22, 2012.</p>
<h3 style="text-align: justify; ">SInC Meeting 3: August 21, 2012</h3>
<p style="text-align: justify; ">The office memorandum, list of participants and minutes of the meeting can be <a href="https://cis-india.org/a2k/blogs/Minutes%20of%20meeting%20of%20SInCs%20dt.%2021st%20Aug%202012%20-1-%20-1.pdf" class="external-link">accessed here</a>. Instead of the date decided at the previous meeting, the next meeting was held on August 21, 2012, 5 months after the scheduled date. Mr. N. K. Sabharwal was added to the list of members of the SInC on IPR. The grounds and procedure of the addition have not been made available. The new list of members is <a href="https://cis-india.org/a2k/blogs/Minutes%20of%20meeting%20of%20SInCs%20dt.%2021st%20Aug%202012%20-1-%20-1.pdf" class="external-link">available here</a>. The list of attendees for meeting 3 was not provided.</p>
<p style="text-align: justify; ">The agenda of the meeting was to discuss the draft National IPR strategy prepared by the DIPP on the basis of the comments received from the members of the Council. It is unclear if the remaining members also submitted their comments, as was requested in the previous meeting.</p>
<p style="text-align: justify; ">Some of the issues discussed were – <br />i. Adapting the draft National IPR strategy prepared by DIPP to the local conditions and developmental needs of the country – suggestions such as instituting an IP depository for technologies used in development of products and maintaining a dossier of judicial decisions on IPRs were made.</p>
<p style="text-align: justify; ">ii. Reviewing provisions for transfer of IPRs, including a restriction on transfer from an individual to a company.</p>
<p style="text-align: justify; ">iii. Making traditional knowledge (TK) of the country accessibly to universities and research institutions – it was suggested that a register should be maintained products developed on the basis of TK. Also, patents granted by the Indian Patent Office should be informed to universities and institutions for capacity building.</p>
<p style="text-align: justify; ">iv. Creating a fast tracking system for registration of green technology patents – the suggestion for a fast tracking system for green technology was supported and a similar system was prescribed for food technology.</p>
<p style="text-align: justify; ">v. Establishing an incubation fund to assist in research and development and acquisition of IPRs – SMEs would be given access to a patent pool and would be reimbursed up to Rs. 20 lakh for costs incurred in technology acquisition.</p>
<p style="text-align: justify; ">It was noted that the suggestions all pertained to the execution of the strategy. Members were requested to furnish suggestions regarding the strategy to the government. The draft strategy would be modified on the basis of the comments received from the members of the Council. It was also decided that the draft paper would be hosted on the website of the DIPP by the third week of September, 2012, for seeking inputs from stakeholders.</p>
<p style="text-align: justify; ">The Secretary (IPP) also suggested that the SInC on IPRs be reconstituted to include representatives from the industry and academia. The need for this is unclear since the industry (BHEL, Panacea, Bilcare) and academia (IIT Delhi and IIT Bombay, IISc Bangalore, NLU Delhi) were already represented in the Council.</p>
<h3 style="text-align: justify; ">SInC Meeting 4: April 30, 2013</h3>
<p>The list of attendees and the minutes of the meeting can be <a href="https://cis-india.org/a2k/blogs/Minutes%20of%20meeting%20of%20SInCs%20dt.%2030.04.2013.pdf" class="external-link">found here</a>. The Council had not been reconstituted despite the recommendation of the Secretary in the previous meeting.</p>
<p style="text-align: justify; ">Merely 6 members out of the total 12 were present for the meeting. Of these, certain organizations, such as BHEL, were also represented by people who had been not been present at any of the past meetings. It was agreed that members would not send representatives for future meetings since they had been nominated by their names. This had been a recurring problem in all the meetings so far. The agenda of the meeting was to discuss the draft IPR strategy and steps that needed to be taken further.</p>
<p style="text-align: justify; ">The draft had been prepared on the basis of the comments received from the members and the specific inputs of Mr. Sabharwal. Whether comments had been received from all the members, as had been decided in meeting 1, is unclear. Furthermore, there was no mention of the comments received from stakeholders after the draft paper had been published online in September 2012.</p>
<p style="text-align: justify; ">The following decisions were reached by the SInC – <br />i. The strategy document needed to be improved and made comprehensive to include IP issues relating to information technology, copyright, TK, plant variety protection, etc. <br />ii. The members were required to suggest 10 monetary and non-monetary incentives for harnessing creativity. The figure seems arbitrarily decided and there is no explanation for how this would affect the draft strategy itself. <br />iii. BHEL was to prepare a paper on schemes being implemented in the country for promoting innovation.<br />iv. The draft paper would be circulated after finalization. Thereafter, a two-year plan would be formulated to operationalize the IPR strategy.</p>
<h3 style="text-align: justify; ">Government Meeting 1: June 18, 2013</h3>
<p style="text-align: justify; ">An office memorandum was sent stating that a meeting to discuss the improvement required in the draft National IPR strategy was scheduled to be held on June 18, 2013. Since no details about the meeting were sent, whether the meeting actually took place and what was discussed in unknown. The office memorandum is <a href="https://cis-india.org/a2k/blogs/Office%20Memorandum%20dated%2018.06.2013%20-1.pdf" class="external-link">available here</a>. The entire National IPR strategy can be <a href="https://cis-india.org/a2k/blogs/Office%20Memorandum%20dated%2018.06.2013%20-1.pdf" class="external-link">read here</a>.</p>
<h3 style="text-align: justify; ">Government Meeting 2: July 29, 2013</h3>
<p>List of attendees and minutes of meeting <a href="https://cis-india.org/a2k/blogs/List%20of%20Attendees%20and%20minutes%20of%20meeting%20dt.%2029.07.2013%20-1.pdf" class="external-link">here</a>.</p>
<p style="text-align: justify; ">The meeting was held to make the National IPR strategy more comprehensive so that it could have a larger coverage. The meeting was attended by representatives of various government departments and ministries, Council of Scientific and Industrial Research (CSIR) and the SInC on IPR, which was represented by N. K. Sabharwal. A plethora of disconnected issues were flagged out. It was mentioned that concerns related to TK such as transboundary issues, sui-generis system for protection of TK and biopiracy should be incorporated into the strategy. It was also proposed that an Act for public funding of R&D should be introduced to foster innovation. Inclusion of a brief module on IPR in high school curriculums was recommended. The participants were requested to furnish comments in a written form to DIPP within a week of the meeting.</p>
<h3 style="text-align: justify; ">SInC Meeting 5: October 9, 2013</h3>
<p style="text-align: justify; ">Agenda and minutes are available <a href="https://cis-india.org/a2k/blogs/Agenda%20and%20minutes%20of%20meeting_09.10.2013%20-1.pdf" class="external-link">here</a>. Though originally scheduled for August 27, 2013, the meeting was shifted to October 9 due to administrative reasons. The office memorandum for the same is available <a href="https://cis-india.org/a2k/blogs/Office%20memorandum%20and%20list%20of%20participants%20for%20the%20meeting%20of%2009.10.2013%20-1.pdf" class="external-link">here</a>. Despite agreeing in meeting 4 that the future meetings would be attended by the members personally, only 6 members were present. Organizations such as National Innovation Council, IIT Delhi and BHEL were represented by people other than the members of the SInC.</p>
<p style="text-align: justify; ">There were four items on the agenda – <br />i. Finalization of the draft National IPR strategy – paragraphs pertaining to setting up a National IP Enforcement Task Force and creating a formal legal regime for protection of trade secrets were removed. The statement mandating organizations to align their innovation strategies to national requirements was also removed. <br />ii. Work-plan for 2013-15 under the IPR strategy – no discussion on this in the minutes.<br />iii. Suggestions on monetary and non-monetary incentives for innovation – paper on incentive mechanisms to be prepared by BHEL is available here.<br />iv. Issues of time period for renewal of strategy and establishing a committee to review the implementation of the strategy – no discussion on this in the minutes.</p>
<p style="text-align: justify; ">Additionally, the members were asked to provide textual contributions to the document within 10 days of the meeting to enable its finalization.</p>
<h3 style="text-align: justify; ">Response to Queries Raised in the RTI Application (available <a href="https://cis-india.org/a2k/blogs/DIPP%20Response%20on%20SInCs%20dt.%2003.09.2015%20-2.pdf" class="external-link">here</a>)</h3>
<p>Q1. How many meetings has the SInC held since establishment?<br />DIPP: 5</p>
<p>Q2. Please supply minutes and all related documents of all its meetings.<br />Provided by the DIPP and have been attached through the post above.</p>
<p>Q3. How much are the members of the SInC paid? Are members paid on the basis of time or number of meetings held?<br />DIPP: One member, Dr. Karuna Jain, was reimbursed R. 18,374/- for attending the SInC meeting on August 21, 2012. The response, quite clearly, does not answer the question asked.</p>
<p>Q4. Has the SInC done any work or produced any outputs other than the 2012 draft of the National IPR strategy?<br />DIPP: Yes.</p>
<p> </p>
<p> </p>
<div style="text-align: justify; "></div>
<p>
For more details visit <a href='https://cis-india.org/a2k/blogs/sectoral-innovation-councils-intellectual-property-rights-2013-rti-requests-dipp-responses'>https://cis-india.org/a2k/blogs/sectoral-innovation-councils-intellectual-property-rights-2013-rti-requests-dipp-responses</a>
</p>
No publisherNehaa Chaudhari and Saahil DamaIntellectual Property RightsAccess to Knowledge2016-05-21T04:34:04ZBlog EntryMHRD IPR Chair Series: Information Received from IIM, Ahmedabad
https://cis-india.org/a2k/blogs/mhrd-ipr-chair-series-information-received-from-iim-ahmedabad
<b>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 IIM, Ahmedabad. </b>
<p style="text-align: justify; ">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 2003-2014.</p>
<p style="text-align: justify; ">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.</p>
<p style="text-align: justify; ">These are the documents received by CIS from IIM, Ahmedabad:</p>
<ul style="text-align: justify; ">
<li>For response to first RTI application, <a href="https://cis-india.org/a2k/blogs/iim-a-response-1" class="external-link">click here</a></li>
<li>For response to second RTI application, <a href="https://cis-india.org/a2k/blogs/iim-a-response-2" class="external-link">click here</a></li>
</ul>
<p style="text-align: justify; ">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.</p>
<p style="text-align: justify; "> </p>
<div id="_mcePaste" style="text-align: justify; ">
<ul>
<li><span>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.<br /></span><span>Reply: IIM Ahmedabad responded that there has not been any institution of the post of IPR Chair at the University.</span></li>
<li><span>Documents detailing the release of grants to the MHRD IPR Chairs under the IPERPO Scheme<br /></span><span>Reply: The University has provided no documents on the subject.</span></li>
<li><span>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.<br /></span><span>Reply: The University has provided no documents on the subject.</span></li>
<li><span>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<br /></span><span>Reply: The University has provided no documents on the subject.</span></li>
</ul>
</div>
<p style="text-align: justify; "><b>Comparative Analysis between University Response and the guidelines of MHRD Scheme Document<br /></b>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.</p>
<p style="text-align: justify; ">A. Objectives</p>
<p style="text-align: justify; ">The University has not provided any documents detailing any activities undertaken to further the objectives of the IPERPO scheme.</p>
<p style="text-align: justify; ">B. Eligibility</p>
<p style="text-align: justify; ">IIM, Ahmedabad is recognized by the University Grants Commission. Therefore, it fulfils the eligibility criteria mentioned in the scheme document.</p>
<p style="text-align: justify; "><b>Financial Analysis</b></p>
<p style="text-align: justify; ">The University has not provided any documents on this subject.</p>
<p> </p>
<p>
For more details visit <a href='https://cis-india.org/a2k/blogs/mhrd-ipr-chair-series-information-received-from-iim-ahmedabad'>https://cis-india.org/a2k/blogs/mhrd-ipr-chair-series-information-received-from-iim-ahmedabad</a>
</p>
No publishernehaaIntellectual Property RightsAccess to Knowledge2016-05-17T02:31:38ZBlog EntryMHRD IPR Chair Series: Information Received from NUJS
https://cis-india.org/a2k/blogs/mhrd-ipr-chair-series-information-received-from-nujs
<b>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 the West Bengal National University of Juridical Sciences.</b>
<p style="text-align: justify; ">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.</p>
<p style="text-align: justify; ">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.</p>
<p style="text-align: justify; ">These are the documents received by CIS from NUJS:</p>
<ul>
<li>
<div style="text-align: justify; ">For the RTI application filed by the CIS, <a href="https://cis-india.org/a2k/blogs/NUJS%20-%20RTI%20application-%20DD%20to%20registrar-%20RTI%20not%20entertained.pdf/" class="external-link">click here</a></div>
</li>
<li>
<div style="text-align: justify; ">For the reply to the RTI application, <a href="https://cis-india.org/a2k/blogs/NUJS%20-%20RTI%20not%20entertained%20-%2024.2.15.pdf/" class="external-link">click here</a></div>
</li>
</ul>
<p>NUJS did not entertain the RTI and furnished no documents for perusal.</p>
<p>
For more details visit <a href='https://cis-india.org/a2k/blogs/mhrd-ipr-chair-series-information-received-from-nujs'>https://cis-india.org/a2k/blogs/mhrd-ipr-chair-series-information-received-from-nujs</a>
</p>
No publishernehaaIntellectual Property RightsAccess to Knowledge2016-05-15T07:51:55ZBlog EntryMHRD IPR Chair Series: Information Received from NALSAR
https://cis-india.org/a2k/blogs/mhrd-ipr-chair-series-information-received-from-nalsar
<b>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 NALSAR.</b>
<p style="text-align: justify; ">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.</p>
<p style="text-align: justify; ">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.</p>
<p style="text-align: justify; ">These are the documents received by CIS from NALSAR:</p>
<ul>
<li>
<div style="text-align: justify; ">For the response to the RTI application <a href="https://cis-india.org/a2k/blogs/NALSAR%20ii.pdf" class="external-link">click here</a></div>
</li>
<li>
<div style="text-align: justify; ">For complete supporting documents <a href="https://cis-india.org/a2k/blogs/NALSAR.pdf/" class="external-link">click here</a></div>
</li>
</ul>
<p style="text-align: justify; ">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.</p>
<ul>
<li style="text-align: justify; ">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<br />Reply: NALSAR has submitted the documents required under this track.</li>
<li>Documents detailing the release of grants to the MHRD IPR Chairs under the IPERPO Scheme<br />Reply: Documents pertaining to the financial year 2013-14 have been submitted by the University.</li>
<li>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.<br />Reply: The University has provided utilisation certificatefor the financial year of 2013-14.</li>
<li>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<br />Reply: The University has submitted all the documents pertaining to the aforementioned query.</li>
</ul>
<p style="text-align: justify; "><strong>Comparative Analysis between University Response and the guidelines of MHRD Scheme Document<br /></strong>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.</p>
<p style="text-align: justify; ">A. Objectives <br />In order to fulfil the objectives mentioned in the scheme document, NALSAR undertook following activities:<br />a. Faculty attendance at WIPO sessions.<br />b. Publication of IPR Journal<br />c. Expansion of the IPR section in the loibrary<br />B. Eligibility <br />NALSAR is recognized by the University Grants Commission. Therefore, it fulfils the eligibility criteria mentioned in the scheme document.<br />Financial Analysis<br />The University has provided the utilization certificates for the financial year of 2013-14.<br />A. Financial year 2013-14</p>
<p style="text-align: justify; "><img src="https://cis-india.org/home-images/Utilization.png/@@images/cc9c0f85-3dbc-47d4-a3b0-507bde5424ee.png" alt="Utilization" class="image-inline" title="Utilization" /></p>
<p style="text-align: justify; ">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.</p>
<p style="text-align: justify; ">B. Expenditure Analysis</p>
<p style="text-align: justify; "><img src="https://cis-india.org/home-images/Expenditure.png/@@images/0402e66b-61cf-4c57-a3b2-02b4d57b18a3.jpeg" alt="Expenditure" class="image-inline" title="Expenditure" /></p>
<p>
For more details visit <a href='https://cis-india.org/a2k/blogs/mhrd-ipr-chair-series-information-received-from-nalsar'>https://cis-india.org/a2k/blogs/mhrd-ipr-chair-series-information-received-from-nalsar</a>
</p>
No publishernehaaIntellectual Property RightsAccess to Knowledge2016-05-15T07:43:20ZBlog EntryMHRD IPR Chair Series: Information Received from IIT, Kharagpur
https://cis-india.org/a2k/blogs/mhrd-ipr-chair-series-information-received-from-iit-kharagpur
<b>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 the Indian Institute of Technology, Kharagpur.</b>
<p style="text-align: justify; ">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.</p>
<p style="text-align: justify; ">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.</p>
<p style="text-align: justify; ">These are the documents received by CIS from IIT, Kharagpur:</p>
<ul>
<li>
<div style="text-align: justify; ">For the reply to the first RTI application <a href="https://cis-india.org/a2k/blogs/IIT%20KGP%20-%20Response%20-%2017.12.14%20-1.pdf/" class="external-link">click here</a></div>
</li>
<li>
<div style="text-align: justify; ">For the reply to the second RTI application <a href="https://cis-india.org/a2k/blogs/IIT%20Kharagpur0001.pdf/" class="external-link">click here</a></div>
</li>
<li>
<div style="text-align: justify; ">For the documents detailing the proposal for the setting up of IPR chair in IIT, Kharagpur, <a href="https://cis-india.org/a2k/blogs/IIT%20KGP%20-%20Proposal%20for%20operationalization%20of%20IPR%20Chairs.pdf/" class="external-link">click here</a></div>
</li>
<li>
<div style="text-align: justify; ">For the documents detailing the minutes of the meeting regarding the setting up of the IPR chair in IIT, Kharagpur, <a href="https://cis-india.org/a2k/blogs/IIT%20KGP%20-%20Minutes%20of%20meeting%20in%202006.pdf" class="external-link">click here</a></div>
</li>
</ul>
<p>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.</p>
<ul>
<li style="text-align: justify; ">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<br />Reply: IIT, Kharagpur has submitted the documents required under this track.</li>
<li style="text-align: justify; ">Documents detailing the release of grants to the MHRD IPR Chairs under the IPERPO Scheme<br />Reply: Documents pertaining to the year <a href="https://cis-india.org/a2k/blogs/IIT%20KGP%20-%20Release%20of%20grant%20in%20aid%20-%2011.5.06.pdf/" class="external-link">2006</a> and <a href="https://cis-india.org/a2k/blogs/IIT%20KGP%20-%20Release%20of%20grant%20in%20aid%20-%2027.12.13%20-1.pdf/" class="external-link">2013</a> have been submitted by the University.</li>
<li style="text-align: justify; ">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.<br />Reply: The University replied that it has not received any confirmation from the MHRD regarding the mentioned documents.</li>
</ul>
<p style="text-align: justify; "><b>Comparative Analysis between University Response and the guidelines of MHRD Scheme Document<br /></b><a class="external-link" href="http://copyright.gov.in/Documents/scheme.pdf">The Scheme document of MHRD</a> 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.</p>
<p style="text-align: justify; ">A. Objectives <br />In order to fulfil the objectives mentioned in the scheme document, IIT, Kharagpur undertook following activities:<br />a. Conducting multiple workshops over the years to further the training of teachers as well as at a student level<br />b. Hosting numerous conclaves on the subject of IPR and their relation to business <br />c. Providing short term course on training of teachers in the field of IPR<br />d. Held various symposiums, seminars and conferences for the furtherance of IPR<br />e. Hosted various interactive platforms regarding IPR<br />f. Undertook research collaborations in IPR<br />B. Eligibility <br />IIT, Kharagpur is recognized by the University Grants Commission. Therefore, it fulfils the eligibility criteria mentioned in the scheme document.</p>
<p style="text-align: justify; "><b>Financial Analysis<br /></b>The University has not provided documents regarding any financial analysis.</p>
<p>
For more details visit <a href='https://cis-india.org/a2k/blogs/mhrd-ipr-chair-series-information-received-from-iit-kharagpur'>https://cis-india.org/a2k/blogs/mhrd-ipr-chair-series-information-received-from-iit-kharagpur</a>
</p>
No publishernehaaIntellectual Property RightsAccess to Knowledge2016-05-15T06:19:57ZBlog EntryMHRD IPR Chair Series: Information Received from JNU
https://cis-india.org/a2k/blogs/mhrd-ipr-chair-series-information-received-from-jnu
<b>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 the Jawaharlal Nehru University, Delhi.</b>
<p>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.</p>
<p style="text-align: justify; ">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.</p>
<p>These are the documents received by CIS from JNU:</p>
<ul>
<li>For the response to the first RTI application <a href="https://cis-india.org/a2k/blogs/JNU%20-%20Receipt%20of%20RTI-%20request%20for%20payment%20-%2026.3.15.pdf" class="external-link">click here</a></li>
<li>For the response to the second RTI application <a href="https://cis-india.org/a2k/blogs/JNU%20-%20Replies%20to%20RTI%20-%2024.2.15.pdf" class="external-link">click here</a></li>
<li>For the report submitted by the University <a href="https://cis-india.org/a2k/blogs/JNU%20-%20Reply%20and%20report%20-%2010.3.15.pdf" class="external-link">click here</a></li>
</ul>
<p style="text-align: justify; ">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.</p>
<ul>
<li style="text-align: justify; ">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.<br />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.</li>
</ul>
<ul>
<li>Documents on the release of grants to the MHRD IPR Chairs under the IPERPO scheme at JNU for the year 2013-14. <br />Reply: The University clubbed the answer to this with the aforementioned query.</li>
<li style="text-align: justify; ">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. <br />Reply: The University has not provided any such documents in relation to the grant received.</li>
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<ul>
<li>Documents regarding all matters related to finance and budget related to the MHRD IPR Chair under the IPERPO scheme 2013-14 established at JNU. <br />Reply: The University did not submit any documents in this regard and replied that this information may be sought from the concerned Centre/School.</li>
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<p style="text-align: justify; "><strong>Comparative Analysis between University Response and the guidelines of MHRD Scheme Document</strong><strong><br /> </strong>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 <strong>Comptroller and Auditor General of India.</strong></p>
<p>A. Objectives <br /> The University has submitted that there have been no activities undertaken to further the objectives of the IPERPO scheme.</p>
<p>B. Eligibility <br /> Jawaharlal Nehru University, Delhi is recognized by the University Grants Commission. Therefore, it fulfils the eligibility criteria mentioned in the scheme document.</p>
<p><strong>Financial Analysis<br /></strong>The University has not provided any documents on this subject.</p>
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For more details visit <a href='https://cis-india.org/a2k/blogs/mhrd-ipr-chair-series-information-received-from-jnu'>https://cis-india.org/a2k/blogs/mhrd-ipr-chair-series-information-received-from-jnu</a>
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No publishernehaaIntellectual Property RightsRTIRTI ApplicationAccess to Knowledge2016-05-15T03:43:30ZBlog Entry