Central Information Commission
Dr.Prasad Ramchandra Joshi vs Ut Of Daman And Diu on 8 July, 2013
CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
File No. CIC/LS/A/2013/000786
Appellant : Prasad Ramchandra Joshi
Respondent : Administration of Daman & Diu
Date of hearing : 8.7.2013
Date of decision : 8.7.2013
FACTS
Heard today dated 8.7.2013. Appellant not present. The public authority is represented by Shri Dharmesh Agarwal, Licensing Authority. Dr. Sangeeta Joshi, Dy. Director, Daman, is heard through video-conferencing.
2. Vide RTI application dated 17.8.2012, the appellant had sought the following information:-
"Please provide copy of application alongwith enclosure for grant of above said licence.
Please provide copy of latest application with enclosures for renewal of above licence.
Please provide copy of inspection response relevant file notings on same relevant notices / letters if any issue and received to and from licensee alongwith enclosures from 0110412008 till up to date."
3. However, vide letter dated 3.9.2012, Director, Medical & Health Services, had informed the appellant that the information contained in accompanying enclosures of the application filed by M/s Johnson & Johnson Ltd. for the grant of cosmetics license was 'confidential' in nature and was the property of the Company and, therefore, it could not be disclosed. The Director, Medical & Health Services had also passed an appellate order dated 3.1.2013 taking the same position as above. Surprisingly, both the orders were passed by the same officer.
4. During the hearing, Dr. Agarwal submits that M/s Johnson & Johnson Ltd. has been given license by the Daman & Diu Administration for manufacture of cosmetics. The enclosures accompanying the application for the grant of licence contain formulae and test methods which are the intellectual property of the Company and is not disclosable under the RTI Act. He also submits that the views of the said Company were solicited and it has not agreed to the disclosure of requested documents.
5. In my opinion, the intellectual property of the Company is mandated to be protected in terms of clause (d) of section 8 (1) of the RTI Act. But for the intellectual property, the rest of the information is liable to be disclosed. Any material which constitutes 'intellectual property' of the company may be held back and the rest of the information may be disclosed to the appellant in 03 weeks time as per rules. Ordered accordingly.
Sd/-
(M.L. Sharma) Central Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges, prescribed under the Act, to the CPIO of this Commission.
(K L Das) Dy. Registrar Address of parties
1. The CPIO Administration of Daman & Diu, Dte. of Medical & Health Services, Primary health Centre, Moti Daman - 396220
2. Dr. Prasad Ramchandra Joshi Pharmnatech Consultants (Erstile Atreya Pharmaceuticals), Shop No. 1, Sukhniwas, Ganpati Chowk, Agra Road, Kalyan (W) - 421301