LEGAL ASPECTS OF
BUSINESS –
INTELLECTUAL
PROPERTY RIGHTS
CC 30102 -11/09/2024
Course coordinator : Amitava Banerjee
IICA -MCA assessed eligible Independent Director
FCS, LLB, M. Com, B. Com, Dip in Business Laws (NUJS, Kolkata)
Former Consultant, NFCG (PPP by MCA, Govt of India)
Concept of Intellectual Property
The rights relating to intellectual property are known as ‘Intellectual Property
Rights’.
IP is divided into two broad categories:
Industrial property, which includes inventions (patents), trademarks, industrial
designs, and geographic indications of source; and
Copyright, which includes literary and artistic works such as novels, poems, plays,
films, musical works, and artistic works such as drawings, paintings, photographs,
and sculptures, and architectural designs.
The World Intellectual Property Organisation (WIPO)) The WIPO Intellectual
Property Handbook gives two reasons for intellectual property laws.
▪ One is to give statutory expression to the moral and economic rights of creators
in their creations and the rights of the public in access to those creations.
▪ The second is to promote, as a deliberate act of government policy, creativity and
the dissemination and application of its results and to encourage fair trading
which would contribute to economic
and social development
Patents
▪ A patent application in one country of the Union is examined and granted or
denied independent of applications for patents for the same or related inventions
filed in other countries within and without the Union.
▪ The inventor has the right to be named as such in the patent.
▪ A patent shall not be refused or invalidated because the product patented or
obtained by means of a patented process is subject to restrictions on its sale or
importation under the domestic law.
▪ Importation into a member country of products for which a patent has been
granted in that country manufactured in another member country cannot result
in forfeiture of patent rights in the country of importation.
Concept of Intellectual Property
Patents
▪ In modern usage, a patent grants an inventor or their assignee exclusive or say
monopoly right to make, use, sell, and import an invention for a limited period of
time, in exchange for the public disclosure of the invention.
▪ A patent is an exclusionary right as it provides its inventor with the right to
exclude others from making, using, selling, offering for sale, or importing the
patented invention for the term of the patent, which is usually 20 years from the
filing date.
▪ Like any other property right, it may be sold, licensed, mortgaged, assigned or
transferred, given away
▪ The Patents Act, 1970, deals with the patenting of inventions. An invention
relating to a product or a process that is new, non-obvious, i.e., inventive, and has
industrial application can be patented in India provided it does not fall into the
category of non-patentable under the (Indian) Patents Act.
Patents
▪ After the First Examination Report is issued, the Applicant is given an
opportunity by the patent office to meet the objections raised in the report. The
Applicant has to comply with the requirements within 12 months from the
issuance of the First Examination Report.
▪ After the removal of objections and compliance of requirements, the Controller
publishes the application in the official gazette to give an opportunity to public to
register their pre-grant opposition under Section 25(1), against the grant of
patent, if any.
▪ After successful removal of objections, if any, a patent is granted and notified in
the Patent Office Journal. Now the patent holder (patentee) is free to use, sell,
assign, or license his right in patent.
▪ However, a post-grant opposition under Section 25(2) can be filed by any person
interested within 12 months from the date of publication of grant.
Patents are not granted for
1. An invention which is frivolous or which claims anything obvious or contrary to
the well established natural law.
2. An invention, the primary or intended use of which would be contrary to law or
morality or injurious to public health.
3. A discovery, scientific theory, or mathematical method.
4. A mere discovery of any new property or new use for a known substance or of
the mere use of a known process, machine, or apparatus unless such known
process results in a new product or employs at least one new reactant.
5. A substance obtained by a mere admixture resulting only in the aggregation of
the properties of the components thereof or a process for producing such
substance.
6. A mere arrangement or re-arrangement or duplication of a known device each
functioning independently of the other in its own way.
7. A method of agriculture or horticulture.
8. An invention relating to atomic energy falling under the Atomic Energy Act,
1962
Patent monopoly and doctrine of exhaustion
As a measure of natural law of justice doctrine of exhaustion operates which dictates
that the patent owner’s exclusive rights be limited in scope.
Accordingly, upon receiving compensation, patentee’s voluntary introduction of a
patented good into commerce without restriction prevents him from exercising his
right to exclude others from using or reselling that good.
The doctrine was first recognised by the United States Supreme Court in 1873 in
Adams vs. Burke. In that case, the patentee authorised a licensee to make, use, and
sell patented coffin lids only within a ten-mile radius in Boston. A customer of the
licensee bought the coffin lids within the ten-mile radius, but later resold the lids
outside the ten-mile radius. The patentee sued the customer, but the Supreme Court
found no infringement.
the Supreme Court (of India) upheld the Intellectual Property Appellate Board’s
(IPAB) decision to deny patent protection to Novartis, the Swiss multinational
pharmaceutical company in respect of its anti-blood cancer drug, branded as Glivec,
saying it is an example of ‘incremental innovation’ under Section 3(d) of the Indian
Patents Act and thus not liable for protection. The court clearly said that the
company failed to satisfy the criteria stipulated in the Act such as research data
clarifying the increased ‘therapeutic efficacy’ of the innovation.
Copyright
▪ A copyright gives the creator of an original work exclusive right to it, usually for
a limited time.
▪ The rights of authors of literary and artistic works (such as books and other
writings, musical compositions, paintings, sculpture, computer programs, and
films) are protected by copyright.
▪ Copyright does not cover ideas and information themselves, only the form or
manner in which they are expressed.
▪ The recent amendment to the copyright law, which came into force in May 1995,
has ushered in comprehensive changes and brought the copyright law in line
with the developments in satellite broadcasting, computer software, and digital
technology.
▪ The amended law has made provisions for the first time to protect performer’s
rights as envisaged in the Rome Convention.
Industrial Design Rights
▪ An industrial design or say just design consists of the creation of a shape,
configuration, or composition of pattern or color, or combination of pattern and
color in three-dimensional form containing artistic value.
▪ The designs in India are governed by the Designs Act, 2000
▪ On the design being registered, the Controller General of Patents, Designs and
Trade Marks (CGPDTM) grants a certificate of registration to the proprietor.
▪ When a design is registered, the registered proprietor of the design shall have
copyright in the design during ten years from the date of registration.
▪ Provision for the extension of the period of the copyright for another 5 years is
also provided under the new Act.
▪ Copyright under the Act means the exclusive right to apply a design to any
article in any class in which the design is registered.
Industrial Design Rights
▪ An industrial design or say just design consists of the creation of a shape,
configuration, or composition of pattern or color, or combination of pattern and
color in three-dimensional form containing artistic value.
▪ The designs in India are governed by the Designs Act, 2000
▪ On the design being registered, the Controller General of Patents, Designs and
Trade Marks (CGPDTM) grants a certificate of registration to the proprietor.
▪ When a design is registered, the registered proprietor of the design shall have
copyright in the design during ten years from the date of registration.
▪ Provision for the extension of the period of the copyright for another 5 years is
also provided under the new Act.
▪ Copyright under the Act means the exclusive right to apply a design to any
article in any class in which the design is registered.
Trademarks
▪ A trademark (or trade mark) is a recognizable sign, design or expression which
identifies products or services of a particular source from those of others.
▪ As per Section 2(m) of Trademark Act, a mark can include a device, brand,
heading, label, ticket, name, signature, word, letter, numeral, shape of goods,
packaging, or combination of colours, or any such combinations.
▪ Trademarks can be owned, but also licensed. Licenses can be bought from
trademark owners and brokers.
▪ Registration is good for 10 years, renewable every 10 years. However, a trademark
that has not been used for five years or more from the date of registration can be
cancelled for non-use.
▪ Applications for registration of trademarks are to be filed in the prescribed
manner.
▪ Any person claiming to be the proprietor of a trademark used or proposed to be
used by him, who is desirous of registering it, shall apply in writing to the
Registrar in the prescribed manner for the registration of his trade mark.
Trade Dress
▪ A product’s trade dress—its distinctive appearance, color, design, shape,
packaging, and even its aroma—is a crucial component of its brand equity.
▪ Colgate Palmolive Co. vs. Anchor Health and Beauty Care Pvt. Ltd. in the Delhi
High Court. The plaintiff disputed the use by the other company of a distinctive
red and white pattern in a precise proportion, together with the style of lettering
on dentifrice packaging.
▪ Colgate argued it has used the red and white pattern since 1951, where the
defendant started using its design in 1996. The court ruled for the plaintiff,
indicating that the infringement on Colgate’s well-established and distinctive
color scheme could cause both confusion in the marketplace and dilution of
Colgate’s brand.
Trade Secrets
▪ Broadly speaking, any confidential business information which provides an
enterprise a competitive edge may be considered a trade secret.
▪ It may be a formula, practice, business process, design, device, pattern, or
compilation of information which is not generally known or reasonably
ascertainable, by which a business can obtain an economic advantage over
competitors or customers.
▪ In India, the protection of trade secrets is Common Law based. However, Section
27 of the Indian Contract Act provides some sort of limited remedy; it bars any
person from disclosing any information which he acquires as a result of a
contract.
▪ Foreign investors have to be assured of the protection of their trade secrets, so
that they can do business with our country
Geographical Indications
▪ Geographical indications are place names (in some countries also words
associated with a place) used to identify the origin and quality, reputation or other
characteristics of products (for example, ‘Champagne’, ‘Tequila’, or‘ Roquefort’).
TRIPs agreement
▪ Standard Article 22 defines geographical indications and sets a standard level of
protection. All have to be protected in order to avoid misleading the public and to
prevent unfair competition.
▪ Higher Article 23 applies only to protection for wines and spirits and says that
subject to a number of exceptions their names have to be protected against
incorrect use even where this would not mislead the public.
▪ Exceptions Article 24 implies, for example, that a term does not have to be
protected in a country if it has become generic or has already been protected as a
trademark in that country.
Geographical Indications
▪ Geographical indications are place names (in some countries also words
associated with a place) used to identify the origin and quality, reputation or other
characteristics of products (for example, ‘Champagne’, ‘Tequila’, or‘ Roquefort’).
TRIPs agreement
▪ Standard Article 22 defines geographical indications and sets a standard level of
protection. All have to be protected in order to avoid misleading the public and to
prevent unfair competition.
▪ Higher Article 23 applies only to protection for wines and spirits and says that
subject to a number of exceptions their names have to be protected against
incorrect use even where this would not mislead the public.
▪ Exceptions Article 24 implies, for example, that a term does not have to be
protected in a country if it has become generic or has already been protected as a
trademark in that country.
LEGAL ASPECTS OF
BUSINESS – OTHER
LAWS
CC 30102 -11/09/2024
Course coordinator : Amitava Banerjee
IICA -MCA assessed eligible Independent Director
FCS, LLB, M. Com, B. Com, Dip in Business Laws (NUJS, Kolkata)
Former Consultant, NFCG (PPP by MCA, Govt of India)
Arbitration and Conciliation Act
▪ The Ministry of Law and Justice, in its report submitted to the Parliament in September
2014 revealed that India is facing a shortage of over 6,000 judges
▪ It is worthwhile to state that between 2006 to 2018, India has seen an 8.6% rise in the
pendency of cases across all courts
▪ There are many instances when the courts have upheld the arbitration agreements even
when they have suffered from some minor errors thereby respecting the parties’ choice
to have their disputes settled by arbitration.
▪ The Bombay High Court has held that when a party has remedies available under the
Arbitration Act, it cannot obtain an anti-arbitration injunction from Court,
▪ The Supreme Court in Hindustan Petroleum Corporation Ltd. v. M/s Pink City Midway
Petroleum, AIR 2003 SC 2881 has held that the jurisdiction of Civil Court is barred after
an application under Section 8 of the Act is made for arbitration
▪ Court cases are time taking
▪ Foreigners don’t understand Indian Judiciary
▪ Matters of trade are too complex
WHAT DOES IT RELATE TO ?
Domestic arbitration –PART I
International commercial arbitration – PART II
Enforcement of foreign arbitral awards
Define the law relating to conciliation
For matters connected therewith
WHAT IS ARBITRATION / ADR?
Disputes are settled through the intervention of a third person.
The third person (or more persons) are called Arbitrators.
Section 2(1) (a) of the Act, defines the term “arbitration” as to mean any arbitration whether or
not administered by a permanent arbitral institution.
NUMBER OF ARBITRATORS
- Section 10 - the parties are free to determine the number of arbitrators, which shall
not be an even number.
- If they fail to determine the number of arbitrators, the arbitral tribunal shall consist of
a sole arbitrator
Procedure for appointment of arbitrators
- The parties may agree to a procedure
- Arbitrator could be of any nationality.
- In case of an arbitration with 3 arbitrators, each party shall appoint its own
arbitrator, and the two appointed arbitrators shall appoint a third arbitrator, as the
presiding arbitrator
- If, within 30 days, the parties fail to appoint their arbitrators, or the two appointed
arbitrators fail to agree on the third arbitrator, the arbitrator shall be appointed by
the Chief Justice or any person or institution designated by him at the request of a
party.
- Decision of the Chief Justice is final
ARBITRAL PROCEEDINGS
Section 20 - the parties are free to agree on the place of arbitration and if they fail to reach
an agreement, the place of arbitration is determined by the arbitral tribunal.
Unless otherwise agreed by the parties, the arbitral tribunal may meet at any place it
considers appropriate for consultation among its members, for hearing witnesses, experts or
the parties, or for inspection of documents, goods or other property.
In international commercial arbitration, place of arbitration has legal implications in terms of
law applicable to arbitration
Section 21 states that the arbitral proceedings commence on the date on which a request for
that dispute to be referred to arbitration is received by the respondent
ARBITRAL PROCEEDINGS
Section 22 gives freedom to parties to agree upon the language or languages to be used in
the arbitral proceedings.
Section 25 of the Act provides that subject to agreement between the parties, where,
without showing sufficient cause, the claimant fails to communicate his statement of
claim within the agreed period, the arbitration proceedings shall be terminated by the
arbitrator.
Section 29 of the Act provides for decision by majority where there is more than one
arbitrator.
ARBITRAL AWARD
▪ An award must be a speaking order i.e. it must state the reasons
▪ The legislature has not accepted the ratio of Constitution Bench in the Chokhamal
Contractor’s case (AIR 1990 SC 1426), that the award, being in the private law field,
need not be a speaking award.
▪ Date and Place are to be mentioned in the award in accordance with Section 20 of the
Act and the award should be deemed to have been made at that place.
▪ The arbitral tribunal can make an interim award on any matter with respect to which
it may make a final award
▪ Where an arbitral award is for the payment of money, the arbitral tribunal may
include in the sum for which the award is made, interest at such rate as it deems
reasonable
▪ Unless the award otherwise directs, an interest of 18% per annum has to be paid
from the date of the award to the date of payment.
Section 33 allows correction within 30 days (typographical , computation )and
interpretation of an award, or additional award ( when something is omitted)
Section 35 provides that the award shall be final and binding on the parties and persons
claiming under it.
CONCILIATION……
- Arbitration Conciliation
The decision is known as arbitral The decision is known as settlement
award
Award is signed by arbitral tribunal signed by the parties concerned
members
parties cannot appoint even number the number of conciliators can be even
of arbitrators
Arbitrators can be appointed even A conciliator is appointed only after the
before the dispute arises dispute has arisen.
The party initiating conciliation shall send to the other party a written invitation
to conciliate
Proceedings shall commence when the other party accepts in writing the
invitation
If the party initiating conciliation does not receive a reply within 30 days or
within such other period he may elect to treat this invitation rejected.
MEDIATION
-
If the role of the ‘conciliator’ in India is pro-active and interventionist
The role of the ‘mediator’ must necessarily be restricted to that of a ‘facilitator’
The mediator has no authority to make any decisions that are binding on
them, but uses certain procedures, techniques and skills to help them to
negotiate an agreed resolution of their dispute without adjudication.
Information technology law
DIGITAL SIGNATURES – ISSUES
▪ There can always be a dispute about the authenticity of a signature. This is
applicable to both, written as well as electronic documents.
▪ The authentication of signatures in written documents was taken care of by
requiring witnesses to attest that the document was signed in their presence.
▪ The degree of scrutiny depended upon the stakes in the transactions and the
likelihood of a dispute.
▪ As the electronic data passes through a public network, there is always the
danger of it being intercepted and tampered with.
DIGITAL SIGNATURES – CHALLENGES
▪ An electronic document could be attributed to a person and, yet it may not be
a document in the eyes of the law.
▪ Several laws required that the information be communicated between the
parties in writing, on paper.
▪ As electronic documents were not mentioned in various Acts, technically,
electronic communication did not meet the requirement of the law.
▪ Where any law provides that information or any other matter shall be in
writing or in the typewritten or printed form, then, notwithstanding anything
contained in such law, such requirement shall be deemed to have been
satisfied if such information or matter is (section 4)
(a) rendered or made available in an electronic form; and
(b) accessible so as to be usable for a subsequent reference.
DIGITAL SIGNATURES – CHALLENGES
▪ Section 5 provides that wherever a written document on a paper is required to
be signed, the requirement would be met if the document is authenticated by
an electronic signature, as prescribed by the law.
▪ Section 6 extends the acceptability of the electronic media to the working of
the government. It provides that wherever the law provides for the filling up of
application forms, granting of licences, permits, sanctions or approvals, the
government may prescribe electronic forms for these.
▪ However , Section 1(4) of the Act provides that the Act will not apply to the
documents or transactions:
▪ include negotiable instruments other than cheques
▪ power-of-attorney
▪ trust deeds
▪ wills, and
▪ contracts for sale or conveyance of an immovable property.
DIGITAL SIGNATURES - PARTIES
▪ This has given rise to a need for further protection. This has been achieved
through the encryption of data, which makes it difficult for the unauthorized
persons to intercept it. The sender or the user has a unique and secret key
(password).
▪ The process is further strengthened by the introduction of an intermediary with
whom the identity of the person and the public key is registered. The
intermediary authenticates the existence of the sender. This process of
identifying the origin of a document has been called the ‘digital signature’.
▪ The sender also has a public key, which is known to the recipient. The recipient
uses that public key and de-encrypts the data.
DATA PROTECTION
▪ Information gets generated during every exchange. Earlier also, the governments
used to collect information. The contracting parties got to have information on one
another. With the advent of the electronic media, however, the ability to collect,
store, analyse, retrieve and disseminate data has expanded exponentially.
▪ The data itself is a property. If a person in possession of certain data, passes it on to
another person, he/she would be violating the property of the owner.
▪ divulging the data can lead to injury to the property and reputation of the
individuals.
▪ Where a body corporate, possessing, dealing or handling any sensitive personal data
or information in a computer resource which it owns, controls or operates, is
negligent in implementing and maintaining reasonable security practices and
procedures and thereby causes wrongful loss or wrongful gain to any person, such
body corporate shall be liable to pay damages by way of compensation to the person
so affected.
DATA PROTECTION
▪ “reasonable security practices and procedures” means security practices and
procedures designed to protect such information from unauthorised access, damage,
use, modification, disclosure or impairment, as may be specified in an agreement
between the parties or as may be specified in any law
▪ Following the powers given by the section, the Central Government has made the
Information Technology (Reasonable Security Practices and Procedures and
Sensitive Personal Information) Rules, 2011.
▪ Sensitive personal data or information
i. password;
ii. financial information such as Bank account or credit card or debit card or other
payment instrument details ;
iii. physical, physiological and mental health condition;
iv. sexual orientation;
v. medical records and history;
vi. Biometric information;
vii. any detail relating to the above clauses as provided to body corporate for
providing service; and
viii. any of the information received under above clauses by body corporate for
processing, stored or processed under lawful contract or otherwise.
DATA PROTECTION – BLOCK ACCESS
▪ Section 69 A has been added by the amendment in 2008, giving further powers
to the government to direct any agency of the government or an intermediary to
‘block access by the public any information generated, transmitted, received,
stored or hosted in any computer resource’.
▪ In Shreya Singhal v. Union of India, the constitutional validity of Section 69A
was challenged. The Supreme Court has held the section to be valid. It noted: It
will be noticed that Section 69A ...
➢ First and foremost, blocking can only be resorted to where the Central
Government is satisfied that it is necessary so to do.
➢ Secondly, such necessity is relatable only to some of the subjects set out in
Article 19(2).
➢ Thirdly, reasons have to be recorded in writing
➢ If the “person” i.e. the originator is identified he is also to be heard before a
blocking order is passed. Above all, it is only after these procedural
safeguards are met that blocking orders are made and in case there is a
certified copy of a court order, only then can such blocking order also be
made.
DATA PROTECTION – LIABILITY OF INTERMEDIARY
An intermediary shall not be liable for any third party information, data, or
communication link hosted by him when :
▪ (a) the function of the intermediary is limited to providing access to a
communication system over which information made available by third
parties is transmitted or temporarily stored; or
▪ (b) the intermediary does not
(i) initiate the transmission
(ii) select the receiver of the transmission, and
(iii) select or modify the information contained in the transmission
▪ (c) the intermediary observes due diligence while discharging his duties
under this Act and also observes such other guidelines as the Central
Government may prescribe in this behalf.
DATA PROTECTION – LIABILITY OF INTERMEDIARY
An intermediary shall be liable
(a) the intermediary has conspired or abetted or aided or induced whether by
threats or promise or otherwise in the commission of the unlawful act.
(b) upon receiving actual knowledge, or on being notified by the appropriate
Government or its agency that any information, data or communication link
residing in or connected to a computer resource controlled by the intermediary
is being used to commit the unlawful act, the intermediary fails to expeditiously
remove or disable access to that material on that resource without vitiating the
evidence in any manner.
Right to Information Act, 2005
RTI…ACT 2005
Woodrow Wilson, “I for one have the conviction that government
ought to be all outside and not inside. I, for my part, believe that there
ought to be no place where everything can be done that everyone
does not know about. Everyone knows corruption thrives in secret
places and avoids public places.”
PREAMBLE
“to provide an effective framework for effectuating the Right to
Information recognized under Article 19 of the Constitution of India”.
The Official Secrets Act, 1923 allowed the Government to deny to the
public access to many documents on grounds of ‘secrecy’.
▪ The information which cannot be denied to the Parliament or a State
Legislature shall not be denied to any person’.
▪ All public authorities of Government of India and all the State
Governments (except the Government of Jammu and Kashmir, which
is currently legislating for an Act on the same line as Right to
Information Act) are subject to the mandate of RTI Act.
▪ It will also cover non- governmental organisations – i.e. NGOs, VOs
and other private bodies – that are financed substantially with
public funds provided by the government.
DEFINITION OF INFORMATION
Information means material in any form including records, documents, memos, emails,
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.
DEFINITION OF RECORD
any document, manuscript or file;
any microfilm, microfiche and facsimile copy of a document
any reproduction of image or images embodied in such micro-film (whether enlarged
or not); and
any other material produced by a computer or any other device.
DEFINITION OF RIGHT TO INFORMATION
Right to information accessible under this Act which is held by or under the control of
any public authority and includes the right to
• inspection of work, documents, records;
• taking notes, extracts or certified copies of documents or records;
• taking certified samples of material;
• 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.
VOLUNTARY DISCLOSURE (SEC. 4)
✓a directory of its officers and employees;
✓the monthly remuneration received by each of its officers and employees,
including the system of compensation as provided in its regulations;
✓the budget allocated to each of its agency, indicating the particulars of all
plans, proposed expenditures and reports on disbursements made; (xii) the
manner of execution of subsidy programmes, including the amounts allocated
and the details of beneficiaries of such programmes;
✓particulars of recipients of concessions, permits or authorisations granted by
it;
✓details in respect of the information, available to or held by it, reduced in an
electronic form;
✓the particulars of facilities available to citizens for obtaining information,
including the working hours of a library or reading room, if maintained for
public use;
✓the names, designations and other particulars of the Public Information
Officers;
✓such other information as may be prescribed and thereafter update these
publications every year
Section 8 ….exemption from providing information …
“8(1)(a) information, disclosure of which would prejudicially affect the sovereignty and
integrity of India, the security, strategic, scientific or economic interests of the State, relation
with foreign State or lead to incitement of an offence;
8(1)(b) information which has been expressly forbidden to be published by any court of
law or tribunal or the disclosure of which may constitute contempt of court;
8(1)(c) information the disclosure of which would cause a breach of privilege of
Parliament or the State Legislature;
8(1)(d) information including commercial confidence, trade secrets or intellectual
property, the disclosure of which would harm the competitive position of a third party,
unless the competent authority is satisfied that larger public interest warrants the disclosure
of such information;
8(1)(e) information available to a person in his fiduciary relationship, unless the
competent authority is satisfied that the larger public interest warrants the disclosure of such
information;
Section 8 ….exemption from providing information …
8(1)(f) information received in confidence from foreign Government
8(1)(g) information, the disclosure of which would endanger the life or physical
safety of any person or identify the source of information or assistance given in
confidence for law enforcement or security purposes;
8(1)(h) information which would impede the process of investigations or
apprehension or prosecution of offenders;
8(1)(i) cabinet papers including records of deliberations of the council of Ministers,
Secretaries and other officers:
the decisions of the council of Ministers, the reasons therefore, and the material on the
basis of which the decisions were taken shall be made public after the decision has been
taken, and the matter is complete, or over:
8(1)(j) information which relates to personal information the disclosure of which
has no relationship to any public activity or interest, or which would cause
unwarranted invasion of the privacy of the individual unless the Central Public
Information Officer or the State Public Information Officer or the appellate authority, as
the case may be is satisfied that the larger public interest justifies the disclosure of such
information.
