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.

Others

Judging Judges: Rule of Reason?


In an opinion piece for the Hindu, I reflect on one of the most monumental milestones ever in Indian legal history. Namely the opening up of our judicial “collegium” and its secretive decision making processes to the public eye. Given the secrecy with which Collegium decisions/deliberations were shrouded for over two decades now, this is nothing short of revolutionary! Unfortunately, this new transparency notwithstanding, we are still left in the dark as to the “metric” used for measuring judicial “merit”….


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Patent

Nobody Puts Beautiful (IP) Babies in a Corner!


  Babies are a boon for some. And a bane for others! Particularly brand name owners who find their names being appropriated by pirate parents who think nothing of marring their young ones with “marks”. Think Sony Singh, Google Ganguly or even Nokia Nair (a fine one for those South of the Vindhyas). For those interested, I did a post on branded babies some years ago. More recently (last year in fact), babies featured in a heated IP battle involving…


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Patent

I didn’t sleep all night: Of Patent Policy and Spirited Souls


“I didn’t sleep all night!” I looked at him in wonderment. “Why”, I asked? “The attorney was really good. And almost had me convinced that the invention was patentable. I had to find a way to reject it!” “Why”, I asked? “You see, we were wedded to the Ayyangar report”, he responded. “And that was our Bible. Ayyangar asked us to grant fewer patents….since we were a developing country and needed to imitate before we invented. The fewer patents, the…


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Copyright

Monkey Selfie Copyright Case Back in Court: What Implications for Artificial Intelligence?


As some of you may have heard, the Monkey Selfie copyright case came back to court recently! Fortunately, we have a video of the court proceedings (last case before the court beginning around 1:45:17). As you can see, the judges grill PETA’s counsel extensively on PETA’s “locus standi” to represent Naruto, the monkey. Particularly since, Dr Antje Engelhardt, a primatologist who knew Naruto sine he was born and had a better claim to being his “next friend” has now parted ways…


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Copyright Patent Trademark

Breaking News: Madras High Court Cautions Government Against Tribunal Appointments!


In a major development today, the Madras High Court firmly ruled that all appointments to the 19 odd tribunals (under the purview of the impugned Finance Act and Rules) would be subject to the final order in the writ petition filed by the Madras Bar Association (MBA). The bench comprised Justice Indira Banerjee (Chief Justice of the Madras High Court) and Justice Bhavani Subbarayan (for whom incidentally, this was the very first day in court: what an auspicious start!). While…


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Patent

Making Patents Work!


Patent Working (or the lack of it) is one of my pet peeves. Resulting in a writ petition before the Delhi high court which unfortunately remains stuck there…without much progress. So I decided to now vent through an academic piece published in the Queen Mary Journal of Intellectual Property, founded and edited by the wonderful Prof Johanna Gibson. Thankfully, its the only article thats available for free download. So if you share this peeve (or are on the other side…


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Copyright Uncategorized

Arnab Goswami vs Times Now: Does the Nation Want Nuance?


Arnab Goswami is all over the news! Just like he always wanted to be…except this time he can’t be accused of manufacturing it. Or perhaps not; after all, law suits are a great way of boosting TRP’s! But best of all, this is an IP controversy! So how could SpicyIP not cover it? Here is a quick piece I did for the Newslaundry some days ago reflecting on the various IP infringement charges that have been made against Arnab by…


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Copyright Patent

Qu-IP: Patents are a remote juridical island…best left to its savage inhabitants!


Continuing our long lost QU-IP series, here comes a rather quirky one from Lord Jonathan Sumption. “But there have been two occasions in my professional life when I have been shaken in my view that it is all just law. One was my only foray, as Counsel, into patent litigation. I will not trouble you with this unhappy story. It persuaded me that chemical patents at least were a remote juridical island, best left to its savage inhabitants.” Sumption was…


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Patent

And the US issues yet another compulsory license!


Hold on! Surely the title is misleading. The US never ever issues compulsory licenses (CL’s)! At least that’s what the tone and tenor of the notorious Special 301 reports suggest. Where, year after year, the US government takes issue with countries that have the temerity to tame patents through compulsory licenses. India issued just one license in the post TRIPS era, and look at how much flak we’ve already received! Even the latest special 301 report continues the anti-CL rant. Ahh…


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Copyright

Breaking News: Supreme Court Refuses IRRO Appeal in DU Photocopy Case


A Supreme Court bench consisting of Justices Ranjan Gogoi and Navin Sinha refused to admit the IRRO appeal. Asking their counsel (Mr SC aggarwal) as to how their special leave petition (SLP) to appeal is even maintainable. Given that the original suit filed before the Delhi high court had been withdrawn by the publisher plaintiffs (OUP etc) and the IRRO was merely an intervenor in the lower court proceedings. Justice Gogoi appeared upset with the petitioners, berating them for “wasting…


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