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ARTICLE · 11 APRIL 2016

Intellectual Property Rights vs Right To Information

For the proper functioning of a democratic country, it is imperative that information pertaining to the government is accessible to citizens.

IndiaIntellectual Property

Research contributions by Ms. Rushali Srivastava, third year student of Institute of Law, Nirma University, Ahmedabad

For the proper functioning of a democratic country, it is imperative that information pertaining to the government is accessible to citizens. This not only fosters transparency but also makes the government officials accountable for their actions. Further, an informed citizenry serves as a deterrent, dissuading government officials from indulging in corrupt activities.  The erstwhile Freedom of Information Act, 2002, criticized heavily for providing too many exemptions under the garb of national security, failed to achieve the desired results. Thus, to overcome the deficiencies in the former Act, Right to Information Act was enacted by the Legislature. While that may be so, the Legislature has also taken into account that certain information cannot be disclosed.  For instance, information involving commercial confidence, intellectual property, or

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