MHRD IPR Chair Series: Introduction

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

Genesis of MHRD IPR Chairs

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

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

Performance of MHRD IPR Chairs

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

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

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

Informational vacuum around MHRD IPR Chairs

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

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

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

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

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

RTIs and Responses

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

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

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

MHRD IPR Chair Series

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