↪ Impotent Questions About ( WIPR) World Intellectual Property Rights :
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| world intellectual right day : April 26 |
Q. No 01: How many times Right to Information (RTO) can be filled?
Answer: What is RTI : Every citizen has a right to know how the Government is
functioning. Right to Information empowers every citizen to seek any
information from the Government.
There is no such limitation or boundaries, for filing a
particular RTI application. Innumerable
questions can be asked by the applicant in a particular RTI application,
provided the question must be relevant to the particular department.
But, RTI Rules, 2012 though provide that ordinarily the
RTI Application should not contain more than 500 words excluding annexure.
However, if the Application contains more than 500 then it
cannot be a ground of rejection.
Every Citizen of India can obtain the information through
RTI by applying to the CPIO/PIO of the concern department.
In case of non-supply of the information by the CPIO/PIO,
the applicant has the provisions for appeal to the Appellate Authorities.
There is no use of wasting your time by sending applications
repeatedly to the CPIO/PIO as you may not get the information.
There is no restrictions on the number of times for
applying for the information through RTI to the concerned CPIO/PIO.
But it is merely a waste of time to apply to the same
Authority.
Better, you follow the right procedure of appealing to the
Appellate Authorities.
The RTI Act is silent on the number of
queries that can be raised in an RTI Application. RTI Rules, 2012 though
provide that ordinarily the RTI Application should not contain more than 500
words excluding annexures. However, if the Application contains more than 500
then it cannot be a ground of rejection. So, the queries can be many. However,
in case the queries are large in numbers and answering your queries is
resulting in diversion of resources. CPIO may invoke Section 7 (9) of the RTI
Act, 2005.
Q. No 02: If RTI is a fundamental
right, then why do we need an act to give us this right?
Answer: Right
to Information or Right to Know is a :
- Statutory Right
- Statutory Right because it
is given by a statute - Right to Information Act, 2005.
- Legal Right
- Legal Right because this
right is guaranteed by a law.
- Fundamental Right
- Right to Information
elevated to the status of a fundamental right under Article 19(1)(a) of
the Constitution of India by the Delhi High Court in the case of Secretary
General, Supreme Court of India v. Subhash Chandra Agarwal, 2010.
4.
Every public authority is obligated to maintain
computerised versions of all records in such a way that it can be accessed over
a network anywhere in the country and issued to the person who has requested
for information.
5.
Every public authority should provide essential
information to the public through various channels of information (including
internet) at frequent intervals so that the use of the RTI Act to obtain
information can be kept to a bare minimum.
6.
Any person who desires to obtain information shall
submit a written or electronic request in English or Hindi or in the official
language of the area to the Central Public Information Officer or his/her
counterpart at the state level.
7.
No applicant will be required to give any reason for
application for request or to provide any personal information except for
contact details where it is necessary for the authorities to contact the
applicant.
8.
In case an appeal is rejected, the Central Public
Information Officer or his/her equivalent will communicate the reason for
rejection, period within which an appeal against the rejection can be made and
particulars of the appellant authority.
9.
Under normal circumstances, the information requested
for will be provided in the form sought for - if a citizen asks for some
information in the form of an email attachment, it will be provided unless it
causes damage to the original document itself.
10. The
authority will be under no obligation to provide such information that might
hurt the sovereignty and integrity of India, information that has been
forbidden to share by any court of law, information received under confidence
by a foreign Government and cabinet papers.
- Statutory Right because it is given by a statute - Right to Information Act, 2005.
- Legal Right because this right is guaranteed by a law.
- Right to Information elevated to the status of a fundamental right under Article 19(1)(a) of the Constitution of India by the Delhi High Court in the case of Secretary General, Supreme Court of India v. Subhash Chandra Agarwal, 2010.
Q. No. 03: Are private bodies covered under the RTI act?
Answer: In case the applicant (third party) files RTI application and seeks information directly from the Private Companies. Whether It Is Liable to furnish the said information under the RTI Act or Not, this is the main term.
Application of Right to Information Act 2005 on private companies– In case the applicant (third party) files RTI application and seeks information directly from the Private Companies. Whether It Is Liable to furnish the said information under the RTI Act or Not.
The Right to Information Act 2005 (RTI ACT) was enacted to obtain information from the Public Authority which is defined under Section 2 (h) of the Act. The provisions of the Act are only related with the information to be obtained from public authorities. The Act is not applicable on private companies. However the information of the private company can be obtained from its regulator if so.Relevant provisions in the Act in support of the same are as follows:-1. Preamble of the Act reads as under :-
“An act to provide for setting out the practical regime of right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every Public Authority, the Constitution of the Central Information Commission and State Information Commissions and for matters connected therewith or incidental thereto. Whereas …”
2 . Definition of Information Section 2 (f) of the Act reads as under :-
“Information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force.
3. As per Section 2(h) of the Act - “Public Authority” means any authority or body or institution of self-government established or constituted, -
a. By or under the Constitution:
b. By any other law made by parliament;
c. By any other law made by the state legislature;
d. By notification issued or order made by the appropriate government, and includes any –
(i) Body owned, controlled or substantially financed,
(ii) Or Non-government organisation substantially financed,
Directly or indirectly by funds provided by the appropriate government;…..”
a. As per Section 2(j) of the Act - “Right to information” means the right to information accessible under this Act which is held by under the control of any public authority and includes the right to –
(i) Inspection of work, documents, records ;
(ii) Taking notes, extracts, or certified copies of documents or records;
(iii) Taking certified samples of material;
(iv) Obtaining information in the form of diskettes, floppies, tapes, video-cassettes or in any other electronic mode or through printouts where such information is stored in a computer or in any other device;
Public Authority includes the private organisations which are receiving financial aid from the State government.
In M.P. Varghese Vs. Mahatma Gandhi University AIR 2007 Ker 230, the Hon’ble Kerala High Court while elaborating the meaning of public authority in the RTI Act 2005 states that those organisations which are receiving the financial aid from the State are under the ambit of the public authority. The word State is defined under Article 12 of the Constitution in relation to the enforcement of fundamental rights through courts, whereas the RTI Act is intended at achieving the object of providing aneffective framework for effectuating the right to information recognised under Article 19 of Constitution of India.Information of the Private Companies can only be accessed from its regulator
The information of the private companies can only be obtained from its regulator. Regulators can provide only the information a company is bound to furnish. At the same time, not all this information can be shared with the applicant. The Act, under Sections 8 and 9, exempts certain categories of information from disclosures.Application of the Act only on public servants
This new legislation has brought about the sense of devotion towards duty and tendency to adhere to the laws and norms amongst the public servants in discharge of their official duties as they have been made to realize under this Act that any willful breach of the laws, norms and the official duties on their part may invite punitive action against them under the provisions of the RTI Act, 2005.Answer: What is Intellectual Property?
Intellectual property is the area of law that deals with protecting the rights of those who create original works. It covers everything from original plays and novels to inventions and company identification marks. The purpose of intellectual property laws are to encourage new technologies, artistic expressions and inventions while promoting economic growth. When individuals know that their creative work will be protected and that they can benefit from their labor, they are more likely to continue to produce things that create jobs, develop new technology, make processes more efficient, and create beauty in the world around us.Case study: These case studies demonstrate how the PCT has been used in the real world to promote innovation in both developed and developing countries. They have been extracted from the IP Advantage database which provides a one-stop gateway to case studies that chronicle the intellectual property experiences of inventors, creators, entrepreneurs and researchers from across the globe.
Copyright
·
Copyright Basics
Under the Copyright Act of
1976, the owner of a copyright has the exclusive right to control the
reproduction, distribution, performance, and display of the work, and the
preparation of derivative works.
·
Scope of Copyright Protection
Copyright registration offers
many protections, to prevent third parties from infringing on your artistic,
literary, or other creations.
·
What Types of Work Qualify for Copyright
Protection?
Copyright law offers protection
over a wide variety of intellectual works.
·
How to Register a Copyright in the U.S.
If you have created an original
work, you would not want a third party to misappropriate or claim credit for
it. Copyright law offers a solution.
·
Who Owns a Copyright?
If you, for example, draw a
picture, write a poem, or create a video, you are the person who would be able
to register its copyright; though there are three commonly claimed exceptions
to this rule.
·
How to Avoid Allegations of Copyright
Infringement
Asking permission and other
steps one can take to avoid allegations of copyright infringement.
·
Starting a Business: What Should You Copyright?
How far should you go in
obtaining intellectual property protection over various aspects of your
business?
Patent
·
What Is a Patent?
A patent is a property right
granted by the U.S. federal government that allows the holder to exclude others
from making, using, offering for sale, or selling the protected invention.
Trademark
·
What Is a Trademark?
Among other things, a trademark
is what allows consumers to identify the source and therefore potentially the
quality of various products.
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Industry
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From
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Name
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Focus
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Durable
Household Products
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Philippines
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patents,
national Office Philippines, international search report, enforcement,
licensing
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Industrial
Engineering
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United
States of America
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advantages
of international search report, National Phase entry, correction of defects,
procedural aspects
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Health
Care Equipment and Services
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Australia
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patents,
joint ownership, licensing, assignment, confidentiality agreement patent
families, awards
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Pharmaceuticals
and Biotechnology
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Germany
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agreement,
cross-licensing agreement, licensing, enforcement, award, business result,
national Office United States of America
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Pharmaceuticals
and Biotechnology
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Singapore
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patents,
national Office Singapore, market size
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Health
Care Equipment and Services
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Italy,
Republic of Korea
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joint-venture,
national patents, award
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Most Asked Questions :