The Centre for Internet and Society
http://editors.cis-india.org
These are the search results for the query, showing results 1 to 15.
The constitutionality of MHA surveillance order
http://editors.cis-india.org/internet-governance/news/nehaa-chaudhari-asian-age-december-30-2018-constitutionality-of-mha-surveillance-order
<b>The rules require review committees to examine all surveillance orders issued under this section every couple of months.</b>
<p style="text-align: justify; ">The article by Nehaa Chaudhari was published in <a class="external-link" href="http://www.asianage.com/360-degree/301218/the-constitutionality-of-mha-surveillance-order.html">Asian Age</a> on December 30, 2018.</p>
<hr style="text-align: justify; " />
<p style="text-align: justify; "><b>The MHA notification </b><b>authorising</b><b> 10 agencies to intercept, monitor and decrypt “any information” generated, transmitted, received or stored in “any computer” has kicked up a row. One section calls it electronic surveillance at the behest of the Big Brother. This time the qualitative difference is data stored anywhere, not just data in motion, can be intercepted.</b></p>
<p style="text-align: justify; ">Privacy is a fundamental right in India. Nine Supreme Court judges agreed on this in late August, last year. It is “the constitutional core of human dignity” and flows primarily from the “guarantee of life and personal liberty” of our Constitution, they said, in the case of K.S.Puttaswamy vs Union of India. This meant two rules for the Indian state. Rule number 1.) Do not intrude upon a citizen’s right to life and personal liberty; and rule number 2.) Take all necessary steps to safeguard individual privacy.</p>
<p style="text-align: justify; ">However, because no fundamental right is absolute, the Indian state is allowed to deviate from rule number 1 in certain situations. It can restrict individual privacy provided that it first fulfills three conditions: The restriction must be backed by law; it must be for a legitimate state aim; and, it must be proportionate.</p>
<p style="text-align: justify; ">All laws (including existing ones) and government actions, with consequences for individual privacy, must meet the three conditions listed above to be valid.</p>
<p style="text-align: justify; ">Those that fail to do so are unconstitutional, and must be suitably amended, or will be struck down, as was the case with Section 377 of the Indian Penal Code, earlier this year. Section 69 of the Information Technology Act, under which the Ministry of Home Affairs has issued its recent surveillance order, warrants similar scrutiny.</p>
<p style="text-align: justify; ">Section 69 empowers the Centre and all state governments to authorise any of their officers to surveil citizens’ electronic communications and information. They may do so for any of the reasons laid down in the same section, including India’s sovereignty, integrity, defence, security and foreign relations, or public order, or to prevent the incitement of certain offences, or to investigate any offence. Government orders issued under this section must be reasoned, and in writing. These orders, and the resultant surveillance activity, must follow the procedure laid down in a set of rules framed under the Information Technology Act in 2009. The rules require review committees to examine all surveillance orders issued under this section every couple of months. The review committee at the Centre examines the Union government’s surveillance orders, while state governments’ orders are examined by committees at their respective states. But, review committees, whether at the Centre, or at any of the states, only have<br /> three members each, tasked with reviewing hundreds of orders every day. Moreover, they consist only of government officials. Neither the Information Technology Act, nor the accompanying 2009 rules, require Parliamentary or judicial oversight of electronic surveillance by the executive.</p>
<p style="text-align: justify; ">In the past week, at least two petitions have been filed before the Supreme Court,which claim that the MHA’s surveillance order violates the fundamental right to privacy and is unconstitutional. This order for electronic surveillance is a clear deviation from rule number 1, and so the question before the court will be if it meets each of the conditions above to be valid.</p>
<p style="text-align: justify; ">Is the MHA order lawful? Yes, given as it was framed under the framework of the IT Act. There remains however, a larger question of the constitutionality of Section 69 itself. If the court finds Section 69 itself to be unconstitutional, any action taken pursuant to Section 69, including the recent MHA order, will also be unconstitutional.</p>
<p style="text-align: justify; ">Is the MHA order pursuant to a legitimate state aim? The order itself does not specify what in particular the government hopes to achieve. However, given as it was issued under Section 69, the government could well argue that it was only for the six purposes laid down in the statute.</p>
<p style="text-align: justify; ">Moreover, according to the Supreme Court in the right to privacy judgment, legitimate state aims are “matters of policy to be considered by the Union government.” The court even offered examples of possible legitimate state aims, which included the grounds listed under Section 69.</p>
<p style="text-align: justify; ">Is the MHA order proportionate? No; and neither is the IT Act’s framework dealing with electronic surveillance. The IT Act allows government surveillance of citizens, unchecked by either the legislature, or the judiciary. It creates a scenario where tiny government committees must review the government’s own decisions to curtail citizens’ fundamental rights. Moreover, it penalises individuals with up to seven years in jail, in addition to fines, for not complying with any interception, monitoring, or decryption request by an authorised government agency.</p>
<p style="text-align: justify; ">In light of the recent MHA order, this means that individuals must comply with surveillance requests by 10 government agencies including tax authorities, the police, and civil and military intelligence agencies, or be prepared to face jail time. This is unethical, undemocratic, and unconstitutional.</p>
<p style="text-align: justify; ">Unchecked government surveillance threatens not just an individual’s fundamental right to privacy, but also her fundamental freedoms of speech, movement, and assembly among others, also guaranteed fundamental rights under the Indian Constitution.</p>
<p style="text-align: justify; ">These rights and freedoms are the very essence of what it means to be a free citizen in a modern democracy. A democratic state must only exercise its police powers in the narrowest of circumstances, within bright lines, clearly defined.</p>
<p style="text-align: justify; ">In August, 2017, the Supreme Court laid down the framework to identify these narrow circumstances and bright lines in so far as the fundamental right to privacy was concerned. But, the promise of Puttaswamy is only as good as its implementation, and here lies its biggest challenge.</p>
<p style="text-align: justify; ">As Pranesh Prakash, Fellow at the Centre for Internet and Society, said on a television channel recently, perhaps it is about time that we stopped relying solely on the courts to step in to safeguard our fundamental rights, and started demanding that our elected law-markers did their jobs, or did them better. After all, a general election is but a few months away.</p>
<p>
For more details visit <a href='http://editors.cis-india.org/internet-governance/news/nehaa-chaudhari-asian-age-december-30-2018-constitutionality-of-mha-surveillance-order'>http://editors.cis-india.org/internet-governance/news/nehaa-chaudhari-asian-age-december-30-2018-constitutionality-of-mha-surveillance-order</a>
</p>
No publishernehaaInternet Governance2018-12-31T14:06:04ZNews ItemMHRD IPR Chair Series: Information Received from IIT, Kanpur
http://editors.cis-india.org/a2k/blogs/mhrd-ipr-chair-series-information-received-from-iit-kanpur
<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 IIT, Kanpur.</b>
<p>Nisha S Kumar assisted in compilation of the document.</p>
<hr />
<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>
<div id="_mcePaste"></div>
<p id="_mcePaste" style="text-align: justify; ">To collect the information for the given study, an RTI application was filed to the Indian Institute of Technology, Kanpur on 16/02/2015 by the Centre for Internet and Society. The reply to the same was received on 27/02/2015.</p>
<p style="text-align: justify; ">These are the documents received by CIS from IIT, Kanpur:</p>
<ul>
<li><span>For the RTI application filed by the CIS click <a href="http://editors.cis-india.org/a2k/blogs/IIT%20Kanpur%20-%20RTI%20application%20-1.pdf" class="external-link">here</a></span></li>
<li><span>For the reply to the RTI application click <a href="http://editors.cis-india.org/a2k/blogs/IIT%20Kanpur%20-%20Prescribing%20proper%20procedure%20-%2027.2.15.pdf" class="external-link">here</a></span></li>
</ul>
<p>IIT,Kanpur did not entertain the RTI and furnished no documents for perusal.</p>
<p>
For more details visit <a href='http://editors.cis-india.org/a2k/blogs/mhrd-ipr-chair-series-information-received-from-iit-kanpur'>http://editors.cis-india.org/a2k/blogs/mhrd-ipr-chair-series-information-received-from-iit-kanpur</a>
</p>
No publishernehaaAccess to Knowledge2016-06-04T03:35:09ZBlog EntryMHRD IPR Chair Series: Information Received from NLSIU
http://editors.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="http://editors.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="http://editors.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="http://editors.cis-india.org/a2k/blogs/Point%203.pdf" class="external-link">click here</a> and <a href="http://editors.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="http://editors.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="http://editors.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="http://editors.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="http://editors.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="http://editors.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="http://editors.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="http://editors.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="http://editors.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="http://editors.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='http://editors.cis-india.org/a2k/blogs/mhrd-ipr-chair-series-information-received-from-nlsiu'>http://editors.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
http://editors.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="http://editors.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="http://editors.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="http://editors.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="http://editors.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="http://editors.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="http://editors.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="http://editors.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="http://editors.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="http://editors.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='http://editors.cis-india.org/a2k/blogs/mhrd-ipr-chair-series-information-received-from-nlu-jodhpur'>http://editors.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 IIT, Madras
http://editors.cis-india.org/a2k/blogs/mhrd-ipr-chair-series-information-received-from-iit-madras
<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 IIT Madras.</b>
<p style="text-align: justify; ">Nisha S. Kumar assisted in compilation of the document.</p>
<hr style="text-align: justify; " />
<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 underutilization of funds by the aforementioned university as provided by the MHRD during the period of 2006-2014.</p>
<p style="text-align: justify; ">To collect the information for the given study, an RTI application was filed to the Indian Institute of Technology, Madras on 17/12/2014 by the Centre for Internet and Society. The reply to this RTI application was received on 02/02/2014. Following the inadequacy of the response by the institute, the Centre for Internet and Society filed a second RTI application on 09/02/2015. The reply to this application was received on 12/03/2015. These are the documents received by CIS from IIT Madras:</p>
<ul style="text-align: justify; ">
<li>
<div style="text-align: justify; ">Click for response to first RTI and supporting documents provided <a href="http://editors.cis-india.org/a2k/blogs/IIT%20Madras%20-%20Response%20and%20report%20-%202.2.15.pdf" class="external-link">click here</a></div>
</li>
<li>
<div style="text-align: justify; ">For response to second RTI application <a href="http://editors.cis-india.org/a2k/blogs/IIT%20Madras%20-%20Response%20and%20report%20-%2012.3.15.pdf" class="external-link">click here</a></div>
</li>
</ul>
<p style="text-align: justify; ">Hereinafter, in order to receive any information about IIT Madras’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 style="text-align: justify; ">
<li>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 Madras from 2006-2014<br />Reply: IIT Madras replied that there is no report with respect to the implementation of the scheme and the IPR chair at IIT Madras. </li>
<li>Documents detailing the release of grants to the MHRD IPR Chairs under the IPERPO Scheme<br />Reply: The University received a grant of Rs. 25,00,000 from the Ministry of Human Resource and Development under the IPERPO scheme. This amount was sanctioned for the purpose of furthering the objectives of the scheme.</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 IIT Madras.<br />Reply: The University has submitted utilization certificates from 2006 to 2014.</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 />The University has not provided any documents detailing any activities undertaken to further th objectives of the IPERPO scheme.</p>
<p style="text-align: justify; ">B. Eligibility <br />IIT Madras is recognized by the University Grants Commission. Therefore, it fulfils the eligibility criteria mentioned in the scheme document.</p>
<p style="text-align: justify; ">Financial Analysis<br />The University has provided the utilization certificates for the period 2006-2014.</p>
<p style="text-align: justify; ">A. Financial year 2006-07</p>
<p style="text-align: justify; "><img src="http://editors.cis-india.org/home-images/copy22_of_Utilization.jpg" alt="Utilization" class="image-inline" title="Utilization" /></p>
<p style="text-align: justify; ">A sanctioned amount of Rs. 25,00,000 was received by the University with a carried forward balance of Rs. 1,09,119. There were no expenditures incurred by the University.</p>
<p style="text-align: justify; ">B. Financial year 2007-08</p>
<p style="text-align: justify; "><img src="http://editors.cis-india.org/home-images/copy23_of_Utilization.jpg" alt="Utilization" class="image-inline" title="Utilization" /></p>
<p style="text-align: justify; ">The University did not receive any grant from the Ministry of Human Resource and Development. However, last year’s unutilized balance of Rs.26,09,119 carried over with an additional Rs. 2,00,000 received as interest. There were no expenses incurred.</p>
<p style="text-align: justify; ">C. Financial year 2008-09</p>
<p style="text-align: justify; "><img src="http://editors.cis-india.org/home-images/copy24_of_Utilization.jpg" alt="Utilization" class="image-inline" title="Utilization" /></p>
<p style="text-align: justify; ">The University did not receive any additional grant from the Ministry, however, last year’s unutilized balance of Rs. 28,09,119 carried over with an additional Rs. 2,00,000 received as interest. There were no expenses incurred.</p>
<p style="text-align: justify; ">D. Financial year 2009-10</p>
<p style="text-align: justify; "><img src="http://editors.cis-india.org/home-images/copy25_of_Utilization.jpg" alt="Utilization" class="image-inline" title="Utilization" /></p>
<p style="text-align: justify; ">The University did not receive any grant from the ministry however, the last year’s balance of unutilized balance of Rs. 30,09,119 carried forward entirely with an additional Rs. 1,33,177 received as interest. There were no expenses incurred.</p>
<p style="text-align: justify; ">E. Financial year 2010-11<br /><img src="http://editors.cis-india.org/home-images/copy26_of_Utilization.jpg" alt="Utilization" class="image-inline" title="Utilization" /></p>
<p style="text-align: justify; ">The University did not receive any grant from the ministry however, the last year’s balance of unutilized balance of Rs. 31,42,296 carried forward entirely with an additional Rs. 1,33,176 received as interest. There were no expenses incurred.</p>
<p style="text-align: justify; ">F. Financial year 2011-12<br /><img src="http://editors.cis-india.org/home-images/copy27_of_Utilization.jpg" alt="Utilization" class="image-inline" title="Utilization" /></p>
<p style="text-align: justify; ">The University did not receive any grant from the ministry however, the last year’s balance of unutilized balance of Rs. 32,75,472 carried forward entirely with an additional Rs. 1,33,176 received as interest. There were no expenses incurred.</p>
<p style="text-align: justify; ">G. Financial year 2012-13</p>
<p style="text-align: justify; "><img src="http://editors.cis-india.org/home-images/copy29_of_Utilization.jpg" alt="Utilization" class="image-inline" title="Utilization" /></p>
<p style="text-align: justify; ">The University did not receive any grant from the ministry however, the last year’s balance of unutilized balance of Rs. 34,08,648 carried forward entirely with an additional Rs. 1,33,176 received as interest. There were no expenses incurred.</p>
<p style="text-align: justify; ">H. Financial year 2013-14<br /><img src="http://editors.cis-india.org/home-images/copy30_of_Utilization.jpg" alt="Utilization" class="image-inline" title="Utilization" /></p>
<p style="text-align: justify; ">The University did not receive any grant from the ministry however, the last year’s balance of unutilized balance of Rs. 35,41,824 carried forward entirely with an additional Rs. 1,33,176 received as interest amounting to a total of Rs. 36,75,000. Expenses amounting to Rs. 5,25,783 were incurred by the University leading to an unspent balance of Rs. 31,49,217.</p>
<p style="text-align: justify; ">An expenditure breakdown has not been provided by the University.</p>
<p>
For more details visit <a href='http://editors.cis-india.org/a2k/blogs/mhrd-ipr-chair-series-information-received-from-iit-madras'>http://editors.cis-india.org/a2k/blogs/mhrd-ipr-chair-series-information-received-from-iit-madras</a>
</p>
No publishernehaa2016-05-24T17:12:48ZBlog EntryMHRD IPR Chair Series: Information Received from IIM, Bangalore
http://editors.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="http://editors.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="http://editors.cis-india.org/a2k/blogs/Bangalore.pdf" class="external-link">click here</a></li>
<li>For the report provided by IIM, Bangalore <a href="http://editors.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="http://editors.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="http://editors.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="http://editors.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="http://editors.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="http://editors.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="http://editors.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="http://editors.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="http://editors.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="http://editors.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="http://editors.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="http://editors.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="http://editors.cis-india.org/home-images/copy_of_Expenditure.jpg" alt="Expenditure" class="image-inline" title="Expenditure" /></p>
<p>
For more details visit <a href='http://editors.cis-india.org/a2k/blogs/mhrd-ipr-chair-series-information-received-from-iim-bangalore'>http://editors.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 EntryMHRD IPR Chair Series: Information Received from IIM, Ahmedabad
http://editors.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="http://editors.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="http://editors.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='http://editors.cis-india.org/a2k/blogs/mhrd-ipr-chair-series-information-received-from-iim-ahmedabad'>http://editors.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 Delhi University
http://editors.cis-india.org/a2k/blogs/mhrd-ipr-chair-series-information-received-from-delhi-university
<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 Delhi University.</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. To collect the information for the given study, an RTI application was filed to Delhi University on 09/02/2015 by the Centre for Internet and Society. The reply to RTI application was received on 25/02/2015.</p>
<p style="text-align: justify; ">These are the documents received by CIS from Delhi University:</p>
<ul style="text-align: justify; ">
<li>For the response to the RTI application <a href="http://editors.cis-india.org/a2k/blogs/DU.pdf" class="external-link">click here</a></li>
</ul>
<p style="text-align: justify; ">Hereinafter, in order to receive any information about Delhi School of Economics, Delhi 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 style="text-align: justify; ">
<li>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 the Delhi School of Economics.<br />Reply: The University submitted that there are no reports on the implementation of the IPERPO scheme or the MHRD IPR Chair funded under the same. Additionally, the implementation of the scheme commended at Delhi University w.e.f 20th Feb., 2014. Dr. Rekha Chaturvedi joined as the IPR Chair (Technical) on the same date. </li>
<li>Documents on the release of grants to the MHRD IPR Chairs under the IPERPO scheme at the Delhi University, Delhi School of Economics for the year 2013-14.<br />Reply: The University submitted that there has been no release of grants by the Human Resource and Development Ministry under the IPERPO Scheme.</li>
<li>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 the Delhi University, Delhi School of Economics.<br />Reply: The University replied that as there has been no release of grants under the IPERPO scheme, the question of utilization certificates and audited expenditure or any other matter related to financial sanctions with regard to the funds does not arise.</li>
<li>Documents regarding all matters related to finance and budget related to the MHRD IPR Chair under the IPERPO scheme 2013-14 established at Delhi University, Delhi School of Economics.<br />Reply: The University did not submit any documents in this regard and asserted that the information sought is not specific.</li>
</ul>
<p style="text-align: justify; "><strong>Comparative Analysis between University Response and the guidelines of MHRD Scheme Document</strong><br />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 />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 <br />Delhi School of Economics, Delhi University is recognized by the University Grants Commission. Therefore, it fulfils the eligibility criteria mentioned in the scheme document.</p>
<p style="text-align: justify; "><strong>Financial Analysis</strong></p>
<p style="text-align: justify; ">The University has not provided any documents on this subject.</p>
<p>
For more details visit <a href='http://editors.cis-india.org/a2k/blogs/mhrd-ipr-chair-series-information-received-from-delhi-university'>http://editors.cis-india.org/a2k/blogs/mhrd-ipr-chair-series-information-received-from-delhi-university</a>
</p>
No publishernehaaInternet GovernanceAccess to Knowledge2016-05-15T12:18:40ZBlog EntryMHRD IPR Chair Series: Information Received from NUJS
http://editors.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="http://editors.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="http://editors.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='http://editors.cis-india.org/a2k/blogs/mhrd-ipr-chair-series-information-received-from-nujs'>http://editors.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
http://editors.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="http://editors.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="http://editors.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="http://editors.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="http://editors.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='http://editors.cis-india.org/a2k/blogs/mhrd-ipr-chair-series-information-received-from-nalsar'>http://editors.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
http://editors.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="http://editors.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="http://editors.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="http://editors.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="http://editors.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="http://editors.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="http://editors.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='http://editors.cis-india.org/a2k/blogs/mhrd-ipr-chair-series-information-received-from-iit-kharagpur'>http://editors.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
http://editors.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="http://editors.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="http://editors.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="http://editors.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>
</ul>
<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>
</ul>
<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>
<p>
For more details visit <a href='http://editors.cis-india.org/a2k/blogs/mhrd-ipr-chair-series-information-received-from-jnu'>http://editors.cis-india.org/a2k/blogs/mhrd-ipr-chair-series-information-received-from-jnu</a>
</p>
No publishernehaaIntellectual Property RightsRTIRTI ApplicationAccess to Knowledge2016-05-15T03:43:30ZBlog EntryIndian Department of Industrial Policy and Promotion Discussion Paper on Standard Essential Patents
http://editors.cis-india.org/a2k/blogs/indian-department-of-industrial-policy-and-promotion-discussion-paper-on-standard-essential-patents
<b>India’s Department of Industrial Policy and Promotion (“DIPP”) released in March, earlier this year, a discussion paper on standard essential patents and their availability on fair, reasonable and non discriminatory terms.</b>
<p>Available here – <a href="http://dipp.nic.in/english/Discuss_paper/Feedback.aspx"><span>http://dipp.nic.in/english/Discuss_paper/Feedback.aspx</span></a></p>
<p>DIPP should also be publishing all of the feedback that it receives on the above link. The deadline was submission of comments was (extended to) 29 April, 2016. CIS’ comments are <a href="http://cis-india.org/a2k/blogs/comments-on-department-of-industrial-policy-and-promotion-discussion-paper-on-standard-essential-patents-and-their-availability-on-frand-terms"><span>here</span></a> and a summary is <a href="http://cis-india.org/a2k/blogs/summary-of-cis-comments-to-dipp2019s-discussion-paper-on-seps-and-their-availability-on-frand-terms"><span>here.</span></a></p>
<p>We’re also collecting and uploading other submissions to the DIPP on this issue. Some are <a href="http://cis-india.org/a2k/blogs/responses-to-the-dipps-discussion-paper-on-seps-and-their-availability-on-frand-terms"><span>here</span></a>.</p>
<hr />
<p>This post was published by infojustice.org on May 4, 2016. It can be <a class="external-link" href="http://infojustice.org/archives/35979">read here</a>.</p>
<p>
For more details visit <a href='http://editors.cis-india.org/a2k/blogs/indian-department-of-industrial-policy-and-promotion-discussion-paper-on-standard-essential-patents'>http://editors.cis-india.org/a2k/blogs/indian-department-of-industrial-policy-and-promotion-discussion-paper-on-standard-essential-patents</a>
</p>
No publishernehaaDIPPIntellectual Property RightsAccess to Knowledge2016-05-10T15:23:21ZBlog EntryCCI allowed to probe Ericsson: FAQs on Ericsson’s disputes with Micromax and Intex
http://editors.cis-india.org/a2k/blogs/the-quint-nehaa-chaudhari-april-30-2016-cci-allowed-to-probe-ericsson
<b>The blog post is an analysis of the recent decision of the Delhi High Court, clarifying that the Competition Commission of India could investigate Ericsson for a violation of competition law. A shorter version of this blog post was published in the Quint on April 30, 2016.</b>
<div>Read the original article published by <a class="external-link" href="http://www.thequint.com/technology/2016/04/29/all-you-want-to-know-about-the-ericsson-micromax-patent-dispute-intex-intellectual-property-rights-make-in-india">Quint</a> on April 30 here.</div>
<hr />
<p style="text-align: justify; ">The mobile phone is the <a href="http://cis-india.org/a2k/blogs/Standard-Essential-Patents-on-Low-Cost-Mobile-Phones-in-India-A-Case-to-Strengthen-Competition-Regulation.pdf"><span>sole access point to the internet</span></a> for about half of India’s population. It has an important role to play in India’s development story, one that is amplified given the central government’s <a href="http://www.digitalindia.gov.in/content/information-all"><span>focus</span></a> on <a href="http://www.digitalindia.gov.in/content/e-governance-%E2%80%93-reforming-government-through-technology"><span>leveraging the internet</span></a> for better <a href="http://www.digitalindia.gov.in/content/ekranti-electronic-delivery-services"><span>governance</span></a>. The government has recognized this importance, evidenced through <a href="http://www.digitalindia.gov.in/content/electronics-manufacturing"><span>electronics manufacturing incentives</span></a> and, a stated commitment to ensure ‘<a href="http://www.digitalindia.gov.in/content/universal-access-mobile-connectivity"><span>universal access to mobile connectivity’</span></a>. Homegrown brands, including Micromax and Intex, with their affordable, low-cost mobile phones, play an important role in this development story.</p>
<p style="text-align: justify; ">In March, 2013, the Swedish multinational, Ericsson, sued Micromax for patent infringement, setting in motion a <a href="http://cis-india.org/a2k/blogs/compilation-of-mobile-phone-patent-litigation-cases-in-india"><span>series of events</span></a>, with the potential to disturb India’s mobile phone dream. Then, last month, the Delhi High Court (the Court) <a href="http://lobis.nic.in/ddir/dhc/VIB/judgement/30-03-2016/VIB30032016CW4642014.pdf"><span>recognized</span></a> the authority of the market regulator - the Competition Commission of India (CCI) - to probe Ericsson for its allegedly anticompetitive conduct.</p>
<p style="text-align: justify; "><strong>Why did Ericsson sue Micromax?</strong></p>
<p style="text-align: justify; ">Ericsson claims that Micromax’s mobile phones infringe its standard essential patents (SEPs) on mobile phone technologies, including 3G and EDGE.</p>
<p style="text-align: justify; "><strong>How are some patents identified as SEPs?</strong></p>
<p style="text-align: justify; ">International Standard Setting Organizations (SSOs) – such as <a href="http://www.etsi.org/"><span>ETSI</span></a> or <a href="https://www.ieee.org/index.html"><span>IEEE</span></a> - recognize international standards. 3G and Wi-Fi are examples of such internationally recognized standards.</p>
<p style="text-align: justify; ">According to the <a href="http://www.etsi.org/standards/how-does-etsi-make-standards"><span>SSOs</span></a>, the determination of standards depends on consensus, driven by their <a href="http://www.etsi.org/membership"><span>members</span></a>. After a standard is determined, SEP owners (including Ericsson) <strong><span>voluntarily disclose</span></strong> which of their patents are <strong><i>essential</i></strong> to the determined standard, and, undertake to license these on fair, reasonable and non-discriminatory (FRAND) terms, to any willing licensee.</p>
<p style="text-align: justify; "><strong>Does this give rise to legal issues?</strong></p>
<p style="text-align: justify; ">This process results in a variety of (<a href="http://editors.cis-india.org/a2k/blogs/well-documented"><span>well-documented</span></a>) legal questions, many of which have been raised in India’s SEP litigation, and have been alluded to by the Court in the present judgment. The Court has recognized the potential for SEPs to create dominant positions for their owners, noting that “any technology accepted as a standard would have to be <strong><span>mandatorily</span></strong> <strong><span>followed </span></strong>[emphasis, mine] by all enterprises in the particular industry.”</p>
<p style="text-align: justify; ">Some other legal issues around SEPs include the enforceability of FRAND commitments; determining what would constitute ‘fair’, ‘reasonable’ and, ‘non-discriminatory’; the possibility of non/incomplete disclosure by patent owners; and, a refusal by licensees to negotiate FRAND terms in good faith. A related issue that has received comparatively less attention is the essentiality of peripheral or, non standard but essential patents, where there is no obligation to license on FRAND terms.</p>
<p style="text-align: justify; "><strong>Have there been other SEP infringement suits filed in India?</strong></p>
<p style="text-align: justify; ">Yes. Besides Micromax, Ericsson has also <a href="http://cis-india.org/a2k/blogs/compilation-of-mobile-phone-patent-litigation-cases-in-india"><span>sued other</span></a> low-cost mobile phone sellers/manufacturers, homegrown and otherwise, for patent infringement. These include Intex, Lava, Gionee, Xia and iBall. In addition, Vringo has also sued ZTE and Asus, separately. [In this article, we will limit ourselves to a discussion on Ericsson’s suits against Micromax and Intex.]</p>
<p style="text-align: justify; "><strong>What did Micromax and Intex do after being sued by Ericsson?</strong></p>
<p style="text-align: justify; ">Ericsson’s suits were followed by deliberations between the parties (Ericsson and Micromax, and, Ericsson and Intex, independently) and some interim orders by the Court. This litigation is ongoing, and final orders are awaited.</p>
<p style="text-align: justify; ">Meanwhile, both Micromax and Intex have pursued a series of other remedies. Intex has filed applications for the revocation of Ericsson’s patents. In addition, Micromax and Intex have each filed separate complaints under India’s Competition Act, 2002 before the CCI, alleging that Ericsson had abused its dominant position. This is a punishable offence under Indian competition law.</p>
<p style="text-align: justify; ">Micromax and Intex have both claimed that Ericsson’s royalty rates were excessive. In addition, Micromax has objected to Ericsson’s use of the threat of injunctions and custom seizures, and, has also claimed that Ericsson’s conduct results in a denial of market access for Indian handset manufacturers. Intex has alleged, <i>inter alia, </i>that it was forced into signing an onerous non disclosure agreement by Ericsson; and, that it was forced to negotiate licences without a complete disclosure of its patents by Ericsson.</p>
<p style="text-align: justify; ">The CCI, finding there to be a <i>prima facie</i> case in each of the above complaints, ordered the Director General to undertake an investigation into the allegations made by both – Micromax and Intex. These orders were challenged by Ericsson in the Court.</p>
<p style="text-align: justify; "><strong>On what grounds did Ericsson challenge the CCI’s orders?</strong></p>
<p style="text-align: justify; ">Briefly, Ericsson argued-</p>
<p style="text-align: justify; ">(a) that the issue was one of patent law, which barred the applicability of competition law;</p>
<p style="text-align: justify; ">(b) that it was not an ‘enterprise’ under the Competition Act, 2002, and, that the CCI was empowered to check anticompetitive conduct only of ‘enterprises’;</p>
<p style="text-align: justify; ">(c) that its conduct was not anticompetitive since it was only exercising its rights to enforce its patents;</p>
<p style="text-align: justify; ">(d) that since the disputes between the parties were already being heard in other proceedings before the Court, the CCI could not adjudicate them; and,</p>
<p style="text-align: justify; ">(e) that Intex and Micromax were barred from making such allegations. Ericsson opined that since they had challenged its ownership of the SEPs, through revocation of petition applications (filed by Intex), and a denial of infringement claims (by Micromax), they could not now present a complaint premised on it being the owner of those same SEPs.</p>
<p style="text-align: justify; "><strong>What did the Court hold?</strong></p>
<p style="text-align: justify; ">Rejecting Ericsson’s arguments, the Court held that the CCI <strong><span>did</span></strong> [emphasis, mine] have the jurisdiction to examine if Ericsson’s conduct was anticompetitive, finding it to be an ‘enterprise’ under the Competition Act, 2002. However, the Court was clear that the CCI’s actions could be subject to judicial review by the High Court. It also found that the mere applicability of the Patents Act, 1970, did not bar the applicability of competition law, since the legislations covered distinct fields and served different purposes. Further, it opined that Micromax and Intex were free to explore alternative remedies; neither this pursuit, nor, the pendency of disputes on similar issues before the Court, was a bar to the CCI’s jurisdiction.</p>
<p style="text-align: justify; ">Interestingly, while not adjudicating the issue of Ericsson’s abuse of dominance in this particular case, Justice Bakhru, citing its conduct as presented by the other parties said that in some cases, “such conduct, if it is found, was directed in pressuring an implementer to accept non-FRAND terms, would amount to an abuse of dominance.”</p>
<p style="text-align: justify; "><strong>What does the judgment mean for India’s homegrown brands?</strong></p>
<p style="text-align: justify; ">The judgment is a boost for India’s home grown manufacturers in their battle against global patent holders. However, while it certainly validates the role and powers of India’s young market regulator, it will no doubt be appealed. One also expects multiple appeals over the CCI’s findings in the present and, future similar cases.</p>
<p style="text-align: justify; ">It is impossible to predict the outcome of legal proceedings in SEP litigation. Accordingly, Micromax, Intex (and others) would do well to augment their own patent portfolios (either by filing their own patents, or, by acquiring those of other companies). This may create a more level playing field, opening up alternate channels of negotiation, including, cross-licensing. They may also seek access to Ericsson’s SEPs under the compulsory licensing mechanism in India’s patent law.</p>
<p style="text-align: justify; "><strong>What does the government have to say?</strong></p>
<p style="text-align: justify; ">The Department of Industrial Policy and Promotion has recently released a <a href="http://dipp.nic.in/english/Discuss_paper/standardEssentialPaper_01March2016.pdf"><span>discussion paper</span></a> on these issues, inviting <a href="http://cis-india.org/a2k/blogs/summary-of-cis-comments-to-dipp2019s-discussion-paper-on-seps-and-their-availability-on-frand-terms"><span>comments</span></a> from <a href="http://cis-india.org/a2k/blogs/responses-to-the-dipps-discussion-paper-on-seps-and-their-availability-on-frand-terms"><span>stakeholders</span></a>. It would be unsurprising if the government intends to regulate this space, given the strong implications for not just its flagship Make in India and Digital India programs, but also its foreign policy narrative on protecting IPRs and fostering innovation. Immediate welcome steps from the government would be a final word on the <a href="http://dipp.nic.in/English/Schemes/Intellectual_Property_Rights/IPR_Policy_24December2014.pdf"><span>National IPR Policy</span></a>, and, the adoption of the<a href="http://www.mca.gov.in/Ministry/pdf/Revised_Draft_National_Competition_Policy_2011_17nov2011.pdf"><span> National Competition Policy</span></a>, awaited since 2014 and 2011, respectively.</p>
<p>
For more details visit <a href='http://editors.cis-india.org/a2k/blogs/the-quint-nehaa-chaudhari-april-30-2016-cci-allowed-to-probe-ericsson'>http://editors.cis-india.org/a2k/blogs/the-quint-nehaa-chaudhari-april-30-2016-cci-allowed-to-probe-ericsson</a>
</p>
No publishernehaaAccess to KnowledgePervasive TechnologiesIntellectual Property RightsCompetition LawPatents2016-05-01T13:46:52ZBlog EntryWill Aadhaar Act Address India’s Dire Need For a Privacy Law?
http://editors.cis-india.org/internet-governance/blog/the-quint-march-31-2016-nehaa-chaudhari-will-aadhaar-act-address-indias-dire-need-for-a-privacy-law
<b></b>
<p>The article was published by <a class="external-link" href="http://www.thequint.com/opinion/2016/03/30/will-aadhaar-act-address-indias-dire-need-for-a-privacy-law">Quint </a>on March 31, 2016.</p>
<hr />
<table class="plain">
<tbody>
<tr>
<th><img src="http://editors.cis-india.org/home-images/Snapshot.jpg" alt="Snapshot" class="image-inline" title="Snapshot" /></th>
</tr>
</tbody>
</table>
<p style="text-align: justify; ">The passage of the <i>Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016</i> (will hereby be referred to as “the Act”) has led to flak for the government from <a href="http://cis-india.org/internet-governance/blog/aadhaar-bill-fails-to-incorporate-suggestions-by-the-standing-committee" rel="external"><span>privacy advocates</span></a>, academia and <a href="http://cis-india.org/internet-governance/blog/list-of-recommendations-on-the-aadhaar-bill-2016" rel="external"><span>civil society</span></a>, to name a few.</p>
<p style="text-align: justify; ">To my mind, the opposition deserves its fair share of criticism (lacking so far), for its absolute failure to engage with and act as a check on the government in the passage of the Act, and the events leading up to it.</p>
<p style="text-align: justify; ">The government’s introduction of the Act as a ‘money bill’ under Article 110 of the <a href="http://indiacode.nic.in/coiweb/welcome.html" rel="external"><span>Constitution of India</span></a> (“this/the Article”) is a mockery of the constitutional process. It renders redundant, the role of the Rajya Sabha as a check on the functioning of the Lower House.</p>
<blockquote class="quoted">Article 110 limits a ‘money bill’ only to six specific instances: covering tax, the government’s financial obligations and, receipts and payments to and from the Consolidated Fund of India, and, connected matters.</blockquote>
<p>The Act lies well outside the confines of the Article; the government’s action may attract the attention of the courts.</p>
<h2>Political One-Upmanship</h2>
<table class="plain">
<tbody>
<tr>
<th><img src="http://editors.cis-india.org/home-images/copy_of_Arun.jpg/@@images/93b5fc12-dc62-419d-8ef1-e0b188a12db9.jpeg" alt="Arun Jaitely" class="image-inline" title="Arun Jaitely" /></th>
</tr>
<tr>
<td>Finance Minister Arun Jaitley (left) listens to Reserve Bank of India (RBI) Governor Raghuram Rajan. (Photo: Reuters)</td>
</tr>
</tbody>
</table>
<p style="text-align: justify; ">In the past, the Supreme Court (“the Court”) has stepped into the domain of the Parliament or the Executive when there was a complete and utter disregard for India’s constitutional scheme. In recent constitutional history, this is perhaps most noticeable in the anti-defection cases, (beginning with Kihoto Hollohan in 1992); and, in the SR Bommai case in 1994, on the imposition of the President’s rule in states.</p>
<p style="text-align: justify; ">In hindsight, although India has benefited from the Court’s action in the <i>Bommai </i>and <i>Hollohan </i>cases, it is unlikely that the passage of the Aadhaar Act as a ‘money bill’, reprehensible as it is, meets the threshold required for the Court’s intervention in Parliamentary procedure.</p>
<p>Besides, the manner of its passage, the Act warrants</p>
<ul>
<li>Censure for its <a href="http://cis-india.org/internet-governance/blog/epw-27-february-2016-hans-varghese-mathews-flaws-in-uidai-process" rel="external"><span>process</span></a></li>
<li>Its (in)<a href="http://www.thehindu.com/opinion/lead/lead-article-on-aadhaar-bill-by-chinmayi-arun-privacy-is-a-fundamental-right/article8366413.ece" rel="external"><span>compatibility with fundamental rights</span></a></li>
<li>The<a href="http://thewire.in/2016/03/10/aadhaar-bill-fails-to-incorporate-standing-committees-suggestions-24433/" rel="external"><span> failure to incorporate the suggestions</span></a> of the Yashwant Sinha-led Standing Committee to UPA’s NIDAI Bill</li>
<li>The <a href="http://economictimes.indiatimes.com/news/politics-and-nation/aadhaar-more-intrusive-than-us-surveillance-exposed-by-snowden-say-privacy-advocates/articleshow/51425678.cms" rel="external"><span>possibility of surveillance</span></a> that it presents</li>
<li>The lack of measures to protect personal information</li>
<li>Its inadequate privacy safeguards</li>
<li>The <a href="http://www.business-standard.com/article/economy-policy/aadhaar-linked-lpg-govt-says-rs-15-000-cr-saved-survey-says-only-rs-14-cr-in-fy15-116031800039_1.html" rel="external"><span>questions</span></a> around the realisation of its <a href="http://www.business-standard.com/article/economy-policy/aadhaar-enabled-e-kyc-can-save-rs-10-000-cr-over-next-5-yrs-survey-116031800760_1.html" rel="external"><span>stated purpose</span></a>.</li>
</ul>
<p>Instead, a part of the Aadhaar debate has involved political one-upmanship between the Congress and the BJP, <a href="http://www.businesstoday.in/current/policy/nda-aadhaar-is-a-far-cry-from-what-upa-proposed/story/230403.html" rel="external"><span>pitting the former’s NIDAI Bill against the latter’s Aadhaar Act</span></a>.</p>
<p>While an academic <a href="http://cis-india.org/internet-governance/blog/a-comparison-of-the-2016-aadhaar-bill-and-the-2010-nidai-bill" rel="external"><span>comparison </span></a>between the two is welcome, its use as a tool for political supremacy would be laughable, were it not deeply problematic, given the many serious concerns highlighted above.</p>
<h2>Better Than UPA Bill?</h2>
<table class="plain">
<tbody>
<tr>
<th><img src="http://editors.cis-india.org/home-images/copy2_of_PrivacyLaw.jpg/@@images/ce543cf9-a4aa-4bcd-8483-98e0c3a58148.jpeg" alt="Privacy" class="image-inline" title="Privacy" /></th>
</tr>
<tr>
<td style="text-align: center; ">The Act may have more privacy safeguards than the earlier UPA Bill. (Photo: iStockphoto)</td>
</tr>
</tbody>
</table>
<div>
<p>And while the Act may have more privacy safeguards than the earlier UPA Bill, <a href="http://economictimes.indiatimes.com/news/politics-and-nation/aadhaar-more-intrusive-than-us-surveillance-exposed-by-snowden-say-privacy-advocates/articleshow/51425678.cms" rel="external"><span>critics have argued</span></a> that they not up to the international standard, and instead, that they are plagued by opacity.</p>
<p>Additionally, despite claims that the Act is a <a href="http://scroll.in/article/805348/corex-correction-the-real-problem-with-the-recent-ban-of-344-drugs-in-india" rel="external"><span>significant improvement over the UPA Bill</span></a>, it fails to address concerns, including around the centralised storage of information, that were<a href="http://www.livemint.com/Politics/l0H1RQZEM8EmPlRFwRc26H/Govt-narrative-on-Aadhaar-has-not-changed-in-the-last-six-ye.html" rel="external"><span> raised by civil society members</span></a> and others.</p>
<p style="text-align: justify; ">Perhaps most problematically, however, the Act takes away an individual’s control of her own information. Subsidies, government benefits and services are linked to the mandatory possession of an Aadhar number (Section 7 of the Act), effectively <a href="http://www.firstpost.com/india/no-aadhaar-for-invading-privacy-uid-is-mandatory-even-though-govt-wants-you-to-believe-its-not-2681214.html" rel="external"><span>negating the ‘freedom’ </span></a>of voluntary enrollment (Section 3 of the Act). This directly contradicts the recommendations of the Justice AP Shah Committee, before whom the Unique Identification Authority of India <a href="http://scroll.in/article/804922/seven-reasons-why-parliament-should-debate-the-aadhaar-bill-and-not-pass-it-in-a-rush" rel="external"><span>had earlier stated that </span></a>enrollment in Aadhaar was voluntary.</p>
<p>To make matters worse, the individual does not have the authority to correct, modify or alter her information; this lies, instead, with the UIDAI alone (Section 31 of the Act). And the sharing of such personal information does not require a court order in all cases.</p>
<table class="plain">
<tbody>
<tr>
<th><img src="http://editors.cis-india.org/home-images/Students.jpg/@@images/af2356b9-df1f-45b9-8a7b-8fb3321769f7.jpeg" alt="Students" class="image-inline" title="Students" /></th>
</tr>
<tr>
<td style="text-align: center; ">Kanhaiya Kumar speaking in JNU on 3 March 2016. (Photo: PTI)</td>
</tr>
</tbody>
</table>
</div>
<p> </p>
<div>It may be authorised by Executive authorities under the vague, ill-understood concept of ‘national security’, (Section 33(2) of the Act) which the Act does not define. We would do well to learn the dangers of leaving ‘national security’ open to interpretation, in the aftermath of the recent events at JNU.</div>
<div></div>
<p><br />These recent events around Aadhaar have only underscored the dire urgency for comprehensive privacy legislation in India and, the need to overhaul our data protection laws to meet our constitutional commitments along with international standards.</p>
<div style="text-align: justify; ">Meanwhile, constitutional challenges to the Aadhaar scheme are currently pending in the Supreme Court. The Court’s verdict may well decide the future of the Aadhaar Act, with the stage already set for a constitutional challenge to the legislation. The BJP’s victory in this case may be short-lived.</div>
<p>
For more details visit <a href='http://editors.cis-india.org/internet-governance/blog/the-quint-march-31-2016-nehaa-chaudhari-will-aadhaar-act-address-indias-dire-need-for-a-privacy-law'>http://editors.cis-india.org/internet-governance/blog/the-quint-march-31-2016-nehaa-chaudhari-will-aadhaar-act-address-indias-dire-need-for-a-privacy-law</a>
</p>
No publishernehaaAadhaarInternet GovernancePrivacy2016-04-05T16:01:06ZBlog Entry