Restricting Access To Public Documents – Trade Marks Registry

Vide Public Notice dated 6th September, 2019, the Trade Marks Registry has decided to classify public documents that get uploaded on the official website – www.ipindia.nic.in, into two categories, namely –

A. First Category (Downloadable) – documents of which details will be available at description of document and can be viewed or downloaded by the public in general.
B. Second Category (Non-downloadable) – documents of which details will be available at description of document column but viewing or downloading of the same will be restricted.

The Registry invited comments / feedback / suggestions from all stakeholders in this regard by 30th September, 2019 by sending an at email at hodel.tmr@gov.in and sdojha.tmr@nic.in. More details can be found here.

While it is not exactly clear from the public notice what kinds of documents would be classified in the above two categories, it appears that documents which contain sensitive or confidential information or information of personal character would be considered restricted. However, there is a doubt as to whether the same would stand the test of obligation bestowed upon all public authorities, including the Trade Marks Registry, under the RTI Act to facilitate the right of information to the public and to provide easy access of information to the public.

Lastly, the Trade Marks Registry has also informed all stakeholders that personal detail such as PAN Card, AADHAR CARD and Bank Account Details should not be forwarded / submitted to the Trade Marks Registry.

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