RTI in patent matters; HC seeks response from Centre on PIL

The Delhi High Court today sought responses from the Centre, the Controller General of Patent, Designs & Trade Marks and others on a PIL seeking a direction that they be asked to provide information under the Right to Information Act.
"We will issue notice in the matter", a bench, comprising Chief Justice G Rohini and Justice Jayant Nath, said after senior lawyer Salman Khurshid advanced brief arguments in the case.
The court issued notices to the Ministry of Commerce, Industry and the Controller General of Patent, Designs & Trade Marks (CGPDTM), Central Assistant Public Information Officer on the PIL filed by Shamnad Basheer.

The PIL alleged that CGPDTM rejected the applications seeking information under the RTI on the ground that there is already an "information dispensation mechanism provided under the Patents Act and Rules enacted prior to the RTI Act."
"The Patents Act and Rules are wholly inadequate in providing the full range of important patent information that the public are otherwise entitled to under the RTI Act.
"Furthermore, the Patents Act confers unbridled powers on respondents to frame the procedure for inspection and obtaining copies of public records," the PIL said.

The provisions of the Patents Act are "inconsistent" with the scheme and object of the RTI Act and contravene the constitutional mandate to promote easy and affordable access to public information, Khurshid said.

The plea seeks a decision from the court as to whether a mechanism for obtaining information enacted prior to the RTI Act override the provisions of the RTI Act.
"Issue a writ of mandamus, or any other appropriate writ, order or direction directing respondent No. 2 (CGPDTM) ...To provide information to the petitioner in relation application ...Filed under the Right to Information Act...," it said.