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.

Patent

The Politics of Patent Citations: Are Some Scholars More Equal than Others?


Last week, I was in for a bit of a shock! Spotted this piece on SSRN that touts the idea of an “investment protection regime” for new inventions. I’d mooted the very same idea (an investment protection regime for inventions) in my PhD thesis more than 8 years ago. This was later published (around 6 years ago) in the Journal of World IP,  as below: Shamnad Basheer, “The Invention of an Investment Incentive for Pharmaceutical Innovation”, 15 Journal of World…


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Trademark

McCarthyism in Indian IP


Scared you, didn’t I? With the title I mean. Triggering memories of an evil epoch in US history where fear reigned supreme. Where friends told on friends, to appease a blood thirsty committee trying to eradicate the curse of communism from a capitalistic America. But this McCarthy is a far cry from the evil one. This is J Thomas McCarthy, an IP rock star who influenced the course of trademark law, not just in the US but in far flung shores…


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Others

Merits of Mediation: Leading Mediator Offers to Resolve Indian IP Dispute for Free


A friend of mine informs me that a leading international mediator (one of the top 5 in the world) is willing to mediate a high stakes IP dispute for free. Any takers? Please let me know soon. He will be in Bangalore soon and can do this between August 23rd and  25th. If interested, please email me at <[email protected]> We’ve reflected on the merits of mediation in previous posts here and here. I’m given to understand that this creative win-win approach is being…


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Patent

Sexual Pleasure is Immoral: So Says the Indian Patent Office!


Don’t believe me? Read this decision where a patent claiming a sexually stimulating device (a unique vibrator) was denied on the ground that it was an “immoral” invention under section 3(b) of the Patents Act. In this case, the applicant, Standard Innovation Corporation (a Canadian entity) claimed a creative vibrator, branded now as “We-Vibe”. Unlike other vibrators, this does not really look like a vibrator, but is a rather interesting U-shaped device: sort of like a pair of headphones! Better still,…


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Patent

Trumping Trips: Indian Patent Proficiency and the Evolution of an Evergreening Enigma


In an earlier post, I argued that an Indian supreme court decision may have unwittingly unleashed a Chinese blockbuster. As promised, here is a bit more on this stupendous Supreme court (SC) ruling that effectively denied Novartis a patent over its blockbuster anticancer drug, Glivec. And raised the bar for pharma patents in the bargain! For those interested, here are some excerpts from a recently published piece of mine in the Oxford University Commonwealth Law Journal (OUCLJ) capturing the core…


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Patent

How an Indian Supreme Court Ruling (on Pharmaceutical Patents) Created a Chinese Blockbuster!


Too far fetched? Actually not quite. An Indian patent ruling did produce a big blockbuster. Not a drug, but a movie! Titled “Dying to Survive”, this Chinese film is turning out to be a big hit and making the cash registers ring. Here are some excerpts from an Indian Express piece. (For those interested, Quartz and the Daily-O also ran interesting pieces on this dark comedy.) “A Chinese black comedy, a movie lauding the benefits of generic anti-cancer drugs manufactured…


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Privacy

Of Privacy, Accountability and an Atrocity called Aadhaar: Whither Legal Liability?


Privacy continues to remain a contested subject matter. I don’t mean contests over the bounds of privacy (particularly in the digital milieu), but a contest that is rather specific to IP: does privacy really count as a species of IP? IP lawyers (and I count myself as part of this blessed breed) are a covetous lot: seeking to constantly expand our kitty of IP kinds. In fact, so influential is our lot in India that unlike the rest of the world,…


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Innovation Patent

Creative Destruction at it’s Best: The Death of Manual Scavenging?


In a provocative address last year at IDIA’s annual conference, Magsaysay Award winner, Dr Bezwada Wilson rhetorically asked: How is it that we managed to send a mission (Mangalyaan) to Mars? And yet, for all our technological prowess, we still have not figured out a way to end manual scavenging! A dastardly practice with deep roots in India’s caste hierarchy and one that continues to haunt us to this day…with lower caste communities inflicted with this bountiful burden of cleaning…


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Patent

Dial B For “Bonafide” Patent Working: The Natco Irony


          Did you ever think that Natco would oppose patent working disclosure norms? After all, they benefitted from it when they applied for India’s first compulsory license. And used Bayer’s patent working information (Form 27 filings) to demonstrate that Bayer was not meeting the reasonable requirements of the public through their patented anti-cancer drug, Nexavar. Based on this assertion, they were granted the compulsory license and began selling their version of Nexavar at a much cheaper…


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Patent

Patent Working PIL: Ericsson claims “Club Confidentiality”


Continuing from our last post on the Delhi high court hearing on the patent working PIL, here goes: A bench comprising Justices Gita Mittal and Hari Shankar took up the matter as the first item around 10.30 or so. The court was packed, owing to the presence of a number of senior counsels. Gopal Subramanium, Sandeep Sethi and Rajiv Nayyar appeared for Ericsson (as noted earlier, Ericsson and Natco had filed applications to intervene in the matter). Whew! 3 of…


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