Urgent Justice Sought: Delhi HC Demands Centre Explain Allegations of Unlawful Data Access in Patent Office

The Delhi High Court has directed the Central government to respond to a plea from the All India Patent Officers’ Welfare Association (AIPOWA), which demands a Central Bureau of Investigation (CBI) inquiry into the alleged unauthorized access of sensitive unpublished data by a private multinational firm at India’s patent and trademark offices. The court hearing, held on May 30, 2025, began with Justice Sachin Datta questioning, “What’s going on in the Patent Office?” He acknowledged that the petition raised a “valid allegation,” prompting the suggestion that it could be reformulated as a public interest litigation (PIL).

However, AIPOWA’s counsel, advocate Gyanant Kumar Singh, clarified that the association’s members, being current officers at the patent office, held a personal interest in the case, complicating the filing of a PIL. The court took note of this and stated in its order, “It is alleged that a private multinational company has been given unbridled access to sensitive data without requisite checks and balances.” The court requested that the government file a detailed response, scheduling further hearings for August 29.

The AIPOWA petition highlights concerns over how representatives from Kaizen International, a private multinational corporation, allegedly accessed sensitive and unpublished information about pending patent and trademark applications without proper authorization. The association, which comprises Group-A patent officers performing quasi-judicial roles, cautioned that this unprecedented access could jeopardize the integrity of Intellectual Property offices, necessitating an in-depth investigation to mitigate potential repercussions.

In response to queries under the Right to Information (RTI) Act, the office of the Controller General of Patents, Designs, and Trademarks (CGPDTM) initially denied any documentation concerning Kaizen’s activities. It was only after the release of a Capacity Building Commission (CBC) report that the CGPDTM revealed a tripartite Memorandum of Understanding (MoU) signed on March 6, 2023. This agreement, involving the CGPDTM, CBC, and the Centre for Effective Governance of Indian States (CEGIS) Foundation, referenced coordination with the Kaizen team for “process improvement.”

The AIPOWA’s plea asserts that while Kaizen International was not officially part of the MoU, its provisions effectively granted the company access without a competitive bidding process. Moreover, it claims that the MoU was signed by Controller General Unnat P. Pandit without the necessary approval from the Department for Promotion of Industry and Internal Trade (DPIIT) under the Ministry of Commerce and Industry.

This case underlines significant concerns regarding the transparency and security of sensitive data within India’s patent and trademark offices. As the matter moves forward in court, the implications for intellectual property protection and data integrity in India will be closely monitored. With further hearings scheduled for late August, stakeholders are eager to see how the judiciary will address these allegations and safeguard the nation’s intellectual property ecosystem.

As these developments unfold, the AIPOWA and its advocates continue to push for accountability, striving to ensure that robust procedures are in place to protect sensitive data from unauthorized access and maintain the integrity of India’s patent system.

Original Source: https://www.thehindu.com/news/cities/Delhi/delhi-hc-seeks-centres-reply-on-plea-alleging-unlawful-data-access-in-patent-office/article69637213.ece
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Publish Date: 2025-05-31 08:51:00