Kshitij’s well written post raised issues that are very close to my heart. Particularly since I think its a great idea to open up the 5 year programs at the premier NLU’s (national law schools such as NLS, Bangalore) to brilliant engineers and science grads from IIT’s and the like. Given that we have a dearth of good patent attorneys in this country, I have a clear vested interested in advocating for this.
So what stands in the way? A notorious age bar: all candidates taking the CLAT exam must be under 20 years of age (SC/ST and disabled candidates have a relaxation of 2 years). Some of us attempted to raise this issue at a recent meeting of the various Vice Chancellors of 11 National law schools that form part of CLAT committee. We argued that the current age limit for taking CLAT, the common law admission test that serves as the gateway to the 11 National law schools in the country ought to be raised, so that scientists, engineers and graduates from various other disciplines could apply. Unfortunately, this proposal did not get adequate support and failed to pass.
Perhaps “old” is just not “gold” to some! And that “some” includes the Bar Council as well. For about a year back, it created a stir by announcing that it was planning on capping the age limit for the 3 year LLB course to 30 years. When asked for the reason why, the erstwhile BCI Chairman, Mr Sinha had this to say to Legally India:
“We want that only the genuine persons who are interested in this profession should get entry. It should not be a safe heaven for retired persons. “
So “age” is now a determinant of “genuineness”? Wouldn’t a good quality exam or other means (statement of purpose, references, interviews) enables us to filter out the not so “genuine” entrants Why have an age bar at all?
But let me state that here again, I have a personal interest. We’ve been debating several times on this blog about the “legal proficiency” (or lack thereof) of several of our patent officials at the Indian patent office (IPO).
As I noted in an earlier blog post, “inventive step” is the key filter to patentability . To most courts (in the US and UK), inventive step is essentially a legal question predicated on underlying facts. As are several other issues that crop up during the patent grant process. I deliberately exclude aspects relating to the “challenge” process, since much like Prashant Reddy, I believe that even with a law degree, our controllers ought not be deciding oppositions. All oppositions under the present scheme are rabidly unconstitutional, as they are not adjudicated upon by an independent tribunal headed by someone with judicial expertise. I’ll elaborate on this in a future post….we’re even planning on filing a writ petition to challenge this soon.
In the meantime, the short point is that even for very basic grant related issues, the “law” features as a core aspect and patent officials ought to possess requisite legal skills as well.
I would go to the extent of advocating that all our controllers must have law degrees. What better way than to have them enroll in 3 year courses (with no age bar), particularly distance education courses. And this can be a good incentive for examiners who join and are looking at ways to further their career prospects.
I can almost see a good ad in the making: Join the IPO: get a law degree free!
Shri Raghavender, the current Registrar of Copyrights should serve as an inspiration to many, since he is currently enrolled in a law degree course. And has managed to juggle his studies, despite his multiple commitments as the copyright registrar. Were the BCI rule to come into force, we might have lost out on this fine mind with enormous IP policy experience joining the legal fold.
Is there any age bar for getting admission in L.L.B?
Dear Mr Shamnad
Pl let me tell you that many of the controllers and examiners have done LL.B and some of them are still pursuing.However allowing them to register free of cost is brilliant idea but I am afraid whether any law school or university would agree to such a proposal!!!. Another thing I want to tell you that one of the examiners from Delhi Patent office was one among top rankers in the Delhi University Law entrance examination one or two years back. Not only this one of the examiners now assistant controller also secured merit position in final degree course of LL.B.. This throws some light as their calibre to decide the legal issues. Now the office has started a judicial training program for controller with National Law university Delhi to understand the other aspects of Law such as Administrative law,CPC etc.
Dear Anon:
As of now, in the majority of colleges, I don’t believe there is an age bar for the 3 year LLB course. But am happy to be corrected on this.
Dear Anon,
I am very happy to hear of this DU entrance topper from the IPO. Could you please share his name with us? I know of the Delhi NLU plan to train–as I was the one who connected up Dr Ranbir Singh, NLU VC and the CG of the IPO on one of my visits to Delhi. The CG was very keen that such a course be structured and offered, and unfortunately, the logistics with Kolkata and NUJS was proving too difficult.
Sadly this meeting in Delhi was only a week before the untimely demise of their Registrar Prof Ganshyam Singh, who was very excited at the potential collaboration and was to take the lead in structuring the course etc.
I’m also keen on knowing the numbers of controllers (i believe there are around 73 controllers now?) who have law degrees. do you have some figures that you can share with us?
Thanks.