Research paper prepared by Govt institute: can I have access under RTI?

**avdhesh** · 09-25-2006, 03:36 PM

There are several projects prepared by research institute and several research results recorded in such institutes which are normally supplied with a price. Can I apply for that information under RTI?

Similar Threads which you may be interested into:

**Dr. Pathak** · 09-25-2006, 03:49 PM

Sponsorer

No!
Such reports are in many cases highly priced taking into consideration the money spent and the time devoted. They have an inherent value in themselves. They can only be supplied to bona fide entrepreneur for the price.
Applicants are not entitled to seek copies of such reports.
The report that is highly priced and in which there exists in favour of Government a copyright can be asked under RTI.

**maneesh** · 09-27-2006, 11:41 PM

Dear Avdhesh,

Section 8 (d) of RTI, 2005 provides for exemption from disclosure of information like research documents, intellectual property etc. under the said act.

Section 8(d) of the RTI, 2005 reads,
" 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;"

The person can obtain any such information after entering into a agreement for that specific intellectual proeperty.

**trueblue** · 09-28-2006, 11:53 PM

I think if the issue is of intellectual property right then exepmtion under 8 1 (d) would apply and if the issue is of government copyright then 9 would apply. here I presume my good friend Avdhesh meant by Government research institute and the copies of which are normally supplied to intending entrepremeurs for price. In that case it is covered specifically under rule 9 of the act.

Also Maneesh, there is no act as 8 (d) but 8(1)(d)