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

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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Others

Andhyarujina vs Adversariality: A Legal Lesson for Life


  I barely knew him. But he taught me the most valuable lesson of them all. To take the “adversary” out of the “adversarial”! That was Tehmtan Andhyarujina for you. One of the finest counsels to have graced our courts. Sadly, he is no more with us. We were pitted against each other in the famed Novartis patent litigation. Although I was appearing as an academic intervenor cum amicus before the court, he knew that my ultimate stand was deeply…


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Copyright

Breaking News: OUP and other Publishers Withdraw Copyright Suit Against Delhi University and Photocopier


In a stunning development, OUP, CUP and Taylor & Francis just withdrew their copyright law suit filed against Delhi University (and its photocopier, Rameshwari) 5 years ago! They indicated this to the Delhi high court in a short and succinct filing made this morning. This withdrawal brings to an end one of the most hotly contested IP battles ever, pitting as it did multinational publishers against academics and students. The law suit was filed as far back as 2012 and…


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Patent

Break in India: Were the Dark Ages Really Dark?


In a recent post, I reflected on the disingenuous US Chamber of Commerce rankings designed to coerce India into picking up TRIPS plus IP standards that suit US industrial interests! I exhorted that India should use this opportunity to break the obsolete IP paradigm and refuse to play ball on the patent numbers game! Some months ago, I had the opportunity to reflect more on this “Break in India” theme for a special issue of the Seminar. For those interested, the…


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Patent

Break in India: Leapfrogging Patent Obsolescence


The US Chamber of Commerce is at it again! Ranking India close to the bottom of its inane IP index. Unfortunately, some of our commentators have fallen prey to the seductive logic of these rankings and warned us in dire tones that if we didn’t ramp up our patent numbers, we’d suffer on the technological front. I’ve cautioned against this myopic vision in a recent op-ed in the Hindu. This comes close on the heels of a recent post by…


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Copyright

Breaking Free of the IP Freeze: Happy New Year!


“Frozen” broke most box office records. And turned out to be the highest grosser for Disney studios. And yet this maverick of a movie almost never came to pass. Until a creative set of screen writers decided that they would stray from the parent script …one conjured up more than a century ago by Hans Christian Anderson, the celebrated childrens’ writer. Anderson wove his basic story around the “Snow Queen”, an evil queen who unleashes her freezing power upon the…


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