In 2023, Dr. Kshipra Kamlesh Uke and Dr. Shiv Shankar Das, two PHD scholars belonging to Scheduled Caste alleged that their research data was stolen in a targeted caste-based atrocity. They applied for compensation under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (‘Atrocities Act’) for the loss of their research data. However, the National Commission for Scheduled Castes (NCSC) claimed intellectual property loss was intangible and does not come under the definition of ‘property’.
Aggrieved by the decision of the NCSC, they filed a suit in the Bombay High Court. The Court clarified that ‘property’ is not restricted to physical objects. Intellectual property rights, including patents, copyrights, and research data, constitute property rights and hence, compensation must be granted to the PHD scholars for loss of intellectual property under the Atrocities Act. Recently, the Government of Maharashtra filed a Special Leave Petition against this decision, but the Supreme Court of India affirmed the decision of the Bombay High Court and the Special Leave Petition was dismissed.
Source: The Principal Secretary, Government of Maharashtra v. Kshipra Kamlesh Uke & Ors., Supreme Court of India [Special Leave Petition (Crl.) Diary No(S).49832/2024]