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.

Copyright

Cropping Copyright: Education is not an Exception!


Since the passing of the landmark DU copyright verdict, much ink has been spilt…on myriad opinions and news reports. As with any other pathbreaking order, the decision met with both bouquets and brickbats. In fact, we had two sets of views on this blog alone. While both Gopika and me hailed the decision, Prashant Reddy railed against it. For other wonderful opinion pieces on this issue, see Lawrence liangs’ take here (Hindu) and here (Kafila). And Alok Kumar in this Scroll piece….


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Copyright

Breaking News: Major Victory for Students and Educational Access in DU Photocopy Case!


As many of you may have heard, the Delhi High Court just handed down a major IP verdict in the DU photocopy case. In a 94 page decision, the court (Justice Rajiv Sahai Endlaw) dismissed the suit of the plaintiffs (CUP, OUP and other leading academic publishers) and held that the educational exception under section 52(1)(i) of the copyright act is broad enough to cover the acts of photocopying and the creation of course packs by Delhi University (DU) for…


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Copyright

Letter to Government On “Internet” Broadcasts and Compulsory Licensing


Rahul had earlier blogged on a problematic memo by the DIPP (Department of Industrial Policy and Promotion), wherein it interpreted Section 31D of the Copyright Act to include “internet” broadcasts as well. I believe this is clearly outside the constitutional competence of the DIPP and have requested the DIPP (through the letter below) to withdraw the memo. I also reflect on the recent trend of IP law making in the country, done with considerable opacity and flouting well established canons…


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Copyright

Of Bollywood “Blocks” and John Does: Towards an IP Ombudsman?


In a recent piece in the Wire, I develop the idea of a “neutral IP ombudsman” for “blocking” disputes. For background, do see our posts on the various John Doe orders and the corrective balance being ushered in through the Bombay High Court (and Justice Patel in particular). What a terrific moment in IP history to see our courts coming up with creative ideas to blunt the rough edges around John Doe’s and strike a balance between IP enforcement and public…


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Copyright

Busting a Baloney: Merely Viewing Blocked Websites Will Not Land You in Jail!


Fear-mongering and the Internet often go hand in hand. Throw in Bollywood, copyright and blocking John Doe orders and you have exciting drama as well! One that played out to the hilt yesterday, as a number of media houses reported that merely viewing a “blocked” website in India could get you jailed! Fortunately (or perhaps unfortunately for aggressive IP enforcers), this is not true! But first a bit of background. Blocked Message from ISP’s: In a news report the day before,…


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Copyright

Narrow John Doe For Dishoom: New Balance?


Three days ago, we brought you breaking news of the fact that Justice Patel denied Eros’ request for a John Doe order for the movie “Dishoom”. Eros took their shot again today (with a fresh request) and were  successful! As I’d highlighted, the previous application was denied on the ground that the plaintiffs had not bothered to authenticate or verify any of the alleged links (some of which pertained to legitimate sellers of DVD’s and trailers of the forthcoming movie). Leading…


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Copyright

Breaking News: John Doe Denied For Dishoom!


In a significant development for both IP law and Bollywood, the movie Dishoom (starring John Abraham, Varun Dhawan and Jacqueline Fernandez) was denied a John Doe order by the Bombay high Court yesterday. This might perhaps rate as the first ever Bollywood movie where a John Doe order was denied in such strong terms (though the order leaves some scope for plaintiffs to return to court with a fresh application). In a scathing ruling that tore into the Plaintiff’s callous…


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Copyright

Pretty Sexy Movies and Copyright Law: IP Juris-prurience (2)


  Late last week, we unleashed a new series titled “IP Juris-prurience” (or to put it more bluntly, “Sex and IP”!) Our first post revolved the famous Viagra Patent Case, where I highlighted the differential rulings on validity the world over. While the UK rejected the patent on grounds of obviousness, Canada did so on the ground of insufficient disclosure, castigating Pfizer for playing “hide and seek” with the public. Meanwhile China (which also rejected the patent on credible grounds) faced the…


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Innovation Patent

Sex, Side Effects and a Vague Viagra Patent: IP Juris-prurience?


A friend once asked me: if you were to do a series on IP with a view to inspiring interest in this esoteric subject, what would it be? I thought long and hard and realized that if there is one subject that excites and enthuses like no other, it is “sex”! Well, sex may be taboo in India, where despite a cultural legacy dating back to the Khajuraho carvings and the Kamasutra calisthenics, we still wince at the mere mention…


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Copyright Others Patent

Udta Punjab: Of Courts, Cuts and Copyrights


Udta Punjab continues to soar at the box office. Thanks in no small part to the free publicity engineered by Pahlaj Nihalani and his “cutting” edge crew at the Central Board of Film Certification (CBFC). Close on the heels of our propensity to “ban” (books, beef and all else that allegedly offend our rather sensitive selves), the urge to “cut” has assumed rather ravenous proportions in India. The respectable Rajan was heckled for refusing to cut interest rates (despite such refusal…


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