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Indian "Bayh Dole" Problems: Some Resources


In an earlier post, I linked up to an editorial in the Mint highlighting some of the key problems with the Indian Bayh Dole bill. I also referred to a paper where I elaborate on these issues.

Some of you wrote to state that you had difficulties downloading it from the SpicyIP website. I have therefore now uploaded it to the SSRN website and you can access it by clicking on this link (and then proceeding to click the “download” button).

I’ve also come across some excellent writings and resources on this theme, as listed below:

1. Amit Ray and Sabyascahi Saha, Intellectual Bottlenecks, Financial Express
2. Latha Jishnu, “Perils of the US Model”, Business Standard
3. Mrinalini Kochupillai, The PUFPIP Bill, Journal of IPR
4. Leena Menghaney, “A Bad Example from the US“, Down to Earth
4. The CIS website: Collection of Resources on Indian Bayh Dole. See also here and this article by Pranesh Prakash here.

Given the hard hitting critiques in most of the pieces referred above, it will be a lamentable if the Bill goes through in the present form. One hopes that there will be some sensible refrains when it comes up for voting in Parliament.

Shamnad Basheer

Shamnad Basheer

Prof. (Dr.) Shamnad Basheer founded SpicyIP in 2005. He's also the Founder of IDIA, a project to train underprivileged students for admissions to the leading law schools. He served for two years as an expert on the IP global advisory council (GAC) of the World Economic Forum (WEF). In 2015, he received the Infosys Prize in Humanities in 2015 for his work on legal education and on democratising the discourse around intellectual property law and policy. The jury was headed by Nobel laureate, Prof. Amartya Sen. Professional History: After graduating from the NLS, Bangalore Prof. Basheer joined Anand and Anand, one of India’s leading IP firms. He went on to head their telecommunication and technology practice and was rated by the IFLR as a leading technology lawyer. He left for the University of Oxford to pursue post-graduate studies, completing the BCL, MPhil and DPhil as a Wellcome Trust scholar. His first academic appointment was at the George Washington University Law School, where he served as the Frank H Marks Visiting Associate Professor of IP Law. He then relocated to India in 2008 to take up the MHRD Chaired Professorship in IP Law at WB NUJS, a leading Indian law school. Later, he was the Honorary Research Chair of IP Law at Nirma University and also a visiting professor of law at the National Law School (NLS), Bangalore. Prof. Basheer has published widely and his articles have won awards, including those instituted by ATRIP, the Stanford Technology Law Review and CREATe. He was consulted widely by the government, industry, international organisations and civil society on a variety of IP issues. He also served on several government committees.

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