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SC/ST Act - Intellectual Property
February 7 , 2025
17 hrs 0 min
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- The Supreme Court uphold the Bombay High Court’s ruling on the intellectual property loss compensation under the SC/ST (Prevention of Atrocities) Act, 1989, and its 1995 Rules.
- Petitioners approached the Bombay High Court seeking a just assessment of compensation payable for damaging property under Section 15A (11)(d) of the Atrocities Act read with Rule 12(1) of the 1995 Rules.
- The Bombay High Court ruled that the term "property" should be interpreted broadly to include intellectual property such as data, electronic material, and intellectual rights, whether tangible or intangible.
- Patents, copyrights, and designs, are property, even though they lack physical existence, and are capable of being valued for compensation under the SC/ST Act, 1989.
- Notably, Section 8 establishes a reverse burden of proof, shifting the onus onto the accused to prove their innocence.
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