Biological Diversity Copyright Drug Regulation Patent Trademark Traditional Knowledge

Need Your Feedback: Report on Indian IP and Public Health


A month or so ago, I’d sent around an email to our SpicyIP mailing group asking for inputs on a report on IP and public health (for the WHO India Office). The report (authored by some of the SpicyIP team) deals with patents for the most part, but also contains chapters on trademarks, copyrights and traditional knowledge/biodiversity. The idea was that it would serve as a basic primer for those interested in a quick overview of the key legal issues around IP and public health in India.

It’s near final now and we’ve uploaded the latest draft version on the SpicyIP website. Please click here to access the report. Would be great to have comments/inputs from our readers. In particular, we’d be grateful for references to leading cases that we may have missed (very likely that given that there may be important patent office rulings that are not immediately accessible). And for any pointers to errors or omissions in the report. Thanks!

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Shamnad Basheer

Shamnad Basheer

Prof (Dr) Shamnad Basheer founded SpicyIP in 2005. He is currently the Honorary Research Chair of IP Law at Nirma University and a visiting professor of law at the National Law School (NLS), Bangalore. He is 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 Professor Basheer joinedAnand 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. Prof Basheer has published widely and his articles have won awards, including those instituted by ATRIP and the Stanford Technology Law Review. He is consulted widely by the government, industry, international organisations and civil society on a variety of IP issues. He also serves on several government committees.

2 comments.

  1. Elizabeth Varkey

    Hi Shamnad,
    Why not mention about the Nagoya Protocol, since we have ratified it and it is coming into force. Will this not improve on access to TK and the corollary benefit for health

    Reply

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