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.

Guest Post: Professor Sarnoff Warns India about the Doctrine of Equivalents

/ By / Uncategorized

Readers may recollect our post discussing Ravi Kamal vs Kala Tech, where we asked if this was perhaps India’s first case invoking the “doctrine of equivalents”. We profusely thank one of our readers who came back in our comments section stating that the doctrine of equivalents found mention way back in Raj Parkash Vs. Mangat Ram Chowdhry and Ors. AIR 1978 Delhi 1. Quoting Lord Denning in Beecham Group Limited v. Bristol Laboratories Ltd. and another, 1967 (16) R.P.C. 406 […]

Guest Post: Professor Sarnoff Warns India about the Doctrine of Equivalents Read More »

Ravi Kamal Bali v. Kala Tech: India’s First Doctrine of Equivalents Case?

/ By / Uncategorized

We had a guest post on a case that allegedly brought in the doctrine of equivalents into Indian patent jurisprudence. Unfortunately, many of our readers pointed out to me that the post was not very clear in explicating either the facts or the legal issues arising therefrom. We therefore thought it fit to run this post clarifying key aspects of the case: Firstly, the decision by Justice S.J. Vazifdar was not in relation to the main suit, but only disposed

Ravi Kamal Bali v. Kala Tech: India’s First Doctrine of Equivalents Case? Read More »

Indian Bayh Dole Bill: Secret "Public" Discussions by FICCI?

/ By / Uncategorized

I recently came across news of a FICCI workshop on the Indian Bayh Dole bill that was held on 16th October. For our previous posts on this highly contentious and ‘secret” Bill, please see here. The FICCI invitation that appears to have gone out to only a select few stated thus: “FICCI is organizing a Seminar on the Public Funded R&D (Protection, Utilization and Regulation of Intellectual Property) Bill, 2007 on 16th October 2008, at 10.30 am, at Federation House,

Indian Bayh Dole Bill: Secret "Public" Discussions by FICCI? Read More »

Guest Post: The Polymorphism of Trade Mark Dilution in India

/ By / Trademark

SpicyIP is very privileged to have a guest post from a leading Indian IP academic, Dr Dev Gangjee. Dev teaches at the London School of Economics and has several accomplishments under his belt. He is a graduate of the National Law School of India (BA, LLB) and the University of Oxford (BCL, DPhil), where he was a Rhodes Scholar. He was an invited researcher at the Institute of IP, Tokyo and is an Associate of the Oxford IP Research Centre.

Guest Post: The Polymorphism of Trade Mark Dilution in India Read More »

Guest Post: A Critical Review of the NY Times Article on the Bayh Dole Act

/ By / Others

We bring you a guest post from Abhishek Krishnan, a 5th year student at the National Law School, Bangalore. Abhishek is on the editorial board of the Indian Journal of Law and Technology, and has interned with with leading intellectual property law firms. Abhishek reviews a NY Times article by Janet Rae-Drupee that is quite harsh on the US Bayh Dole Act. Here again, I have to apologise to Abhishek for the delay in bringing you his guest post. While

Guest Post: A Critical Review of the NY Times Article on the Bayh Dole Act Read More »

Novartis "Glivec" Patent Case: An Update from Lawyers Collective

/ By / Uncategorized

Lawyers Collective (LC), an NGO representing interalia the interests on patients in pharma patent disputes has a good and objective update on the proceedings in the Novartis “Glivec” case. I say “objective”, since Lawyers Collective is an interested party in the Novartis proceedings and has opposed the grant of Novartis’ Glivec patent on behalf of the Cancer Patients Aid Association (CPAA). As many of our readers already know, this legal saga which sprung up with the grant of an EMR

Novartis "Glivec" Patent Case: An Update from Lawyers Collective Read More »

Guest Post on US Design Case and Implications for India

/ By / Uncategorized

We bring you a guest post from Akshaya Kamalnath, a 4th year law student from the NALSAR University of Law. Here again, I have to apologise to Akshaya for the delay in posting this. EGYPTIAN GODDESS SAGA: THE ORDINARY OBSERVER TEST TO BE ‘SOLE’ TEST FOR DESIGN INFRINGEMENT On Sept 22nd, the United States Federal Circuit , in an en banc( where all the judges of the court decide on the matter rather than a panel of them) decision, in

Guest Post on US Design Case and Implications for India Read More »

Guest Post on India’s First "Doctrine of Equivalents" Case

/ By / Uncategorized

We bring you a guest post from Nirajan Man Singh, a fifth year law student of the National Academy of Legal Studies and Research (NALSAR),Hyderabad, India. Niranjan is a prolific reader and writer. Among his various publications and paper presentations includes one at the “The Business and Race Conference” organized by MIT, Boston on 3rd of April, 2007. He is also scheduled to visit the Millstein Center for Corporate Governance and Performance at Yale, Connecticut in November, 2008. I have

Guest Post on India’s First "Doctrine of Equivalents" Case Read More »

Guest Post: USPTO "Patent Outsourcing" Notice and Implications for LPO’s

/ By / Patent

An earlier SpicyIP post dealt with a controversial USPTO notice that some alleged would kill the Indian LPO (legal process outsourcing) industry. In a guest post for us, Dr Sushil Kumar of Clairvolex, a leading Indian LPO, effectively rubbishes such claims. Dr Kumar is Vice President, Patent Operations at Clairvolex, a premier Indian IP outsourcing company. He is a Ph.D in Bio-Chemistry from Delhi University and a registered Indian patent agent. Prior to Clairvolex, he was practising patents at Lex

Guest Post: USPTO "Patent Outsourcing" Notice and Implications for LPO’s Read More »

Scroll to Top