Author name: 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.

Breaking News: Supreme Court Dismisses Roche "Tarceva" Petition

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Earlier today, the Indian Supreme Court dismissed the special leave petition filed by Roche, challenging the order passed by the division bench of the Delhi High Court. However, the bench consisting of Justice Dalvir Bhandari and Justice MK Sharma (both formerly of the Delhi High Court) ordered that the ongoing trial at the Delhi High Court be expedited. They also stated that nothing in the Delhi Division bench order would bind the trial court judge, who is expected to decide […]

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CENTAD Conference on Compulsory Licensing and Access to Patented Knowledge

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One-Day Preliminary National Consultation on Access to Patented Knowledge Organized by: Centre for Trade and Development (Centad), New Delhi Topic: “Patents and Platform Technologies: Understanding Implications for Research and Development in Malaria and Tuberculosis” Date: 9th September 2009 (Wednesday) Venue: Magnoria Hall, India Habitat Centre, New Delhi The International Development Research Centre (IDRC), Canada, commissioned a study to Centre for Trade and Development (Centad) in the area of access to patented knowledge. Centad is among the six worldwide research based

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Mashelkar vs Correa: Is a Malaysian NGO Taking the Business Standard for a Ride?

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Pursuant to our earlier post calling for the dumping of a trashy editorial by the Business Standard, we’ve received an anonymous comment to our post as below: “Certain prominent peoples working in a malaysia baseda and Delhi based NGO is behind the wrongful interpretation of carlos correa report. the author of the report in the Business Standard is neither a lawyer who can interpret or a patent expert. there are few people working in a delhi based and malaysia based

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The Correa Controversy: Clarifying Popular "Mashelkar Myths"

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Pursuant to our last post highlighting the rather trashy editorial by the Business Standard, here is an email exchange I’ve had with a friend. I am posting this here, only because it appears that that there is still some confusion about the mandate of the Committee. And some very popular “Mashelkar Myths” continue to do the rounds. For our previous posts on this controversy, please see here, here and here. And for those of you who wish to read all

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The "Correa" Controversy: Dump Mashelkar or Dump the Business Standard?

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After the rather curious note in the Business Standard suggesting that Professor Correa is miffed over the apparent “mis-quote” of his statements by the Mashelkar Committee in their revised report, the Business Standard (BS) now carries a terribly misguided editorial. I’m not sure if this editorial was motivated by forces that wish to engage in a further character assassination of Dr Mashelkar and bring him down at any cost…however, what is obvious is that this editorial represents a real “low”

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Mashelkar Committee on Patents and Prof Correa: Court(quote)ing a New Controversy?

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A very curious article popped up in the Business Standard (BS) yesterday. Apparently, Prof Carlos Correa is miffed that the Technical Expert Group (TEG, headed by Dr Mashelkar) has misquoted him. I’ve combed through Correa’s article and the revised report by the Masehelkar Committee and can’t exactly fathom as to how Correa claims to have been misquoted. The record would suggest that the expert committee rightly (and contextually) cited Prof Correa. This is what the BS stated: “Patent expert says

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NUJS IP Talk: Raj Gandesha on Section 3(d) and Incremental Innovation

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Raj Gandesha, a patent litigation attorney with White and Case, New York, will visit NUJS on the 25th of this month (coming Tuesday) and speak on “Pharmaceutical Innovations: A 3-D Perspective”. The event will be held in Room 006 of NUJS, starting at 4 pm and expecting to finish at 6 pm. In particular, Raj will discuss a report that he authored on behalf of the US India Business Council (USIBC) on this theme. This report has proved controversial owing

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Indian "Bayh Dole" Conference at NUJS in September

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Details of a Conference that the IP Chair at NUJS (along with IPTLS and Share) is organising on the 12th of September at the NUJS Auditorium, Salt Lake Kolkata. Registration is free. However, if you wish to attend, please email Prakruthi Gowda ([email protected]) indicating your name, designation etc. Publicly Funded Patents and Technology Transfer: A Review of the Indian “Bayh Dole” Bill In January 2009, the government introduced the Protection and Utilisation of Public Funded Intellectual Property Bill, 2008 in

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The Music Compulsory Licensing Wars: Copyright Board Chairman Likely to be Replaced?

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Continuing from an earlier post which laid some tentative doubt on the competence of Dr Raghbir Singh to be appointed as Chairman of the Copyright Board, I’ve now posted a more detailed constitutional law analysis at Law and Other Things. Whilst opining that the evidence on hand suggests that Dr Singh does not qualify to be a Chairman of the Board, I note as below: The Copyright Act requires that the post of Chairman be occupied by a person who

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