Interplay between IPR and RTI with Special Reference to Patent Law in India: An Unfolding

Abstract

Open government, accountability, transparency in administration and the right to information are considered the foundational tenets of democracy. The Right to Information Act, 2005 ensures transparency, accountability and public participation in the governance of the country. Every citizen of India is authorized to seek information under the control of public authorities. The Right to Information Act, 2005 exempt’s information related to IPR from being disclosed with certain exceptions. Although, the Patents Act, 1970 provides an information dispensation mechanism. This paper unfolds the interplay between the information dispensation mechanisms under the Right to Information Act, of 2005 and the Patents Act, 1970. Further, a suitable information dispensation mechanism for patents is identified with the help of doctoral research methodology.