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.

Roche vs Cipla: Is Cipla Downplaying the "Public Interest" Argument?

Continuing from our earlier post, yesterday’s hearing saw Cipla’s counsels continue arguments before an appellate bench consisting of Justice AP Shah and Justice S. Muralidhar. The key arguments advanced were: 1. That the patent in suit (covering Erlotinib) was invalid2. That the patent, even if valid, was not infringed The “public interest” and “pricing” argument was altogether avoided by Cipla’s counsels. It appears that they may have strategically decided to downplay the “public interest” argument. (Or perhaps they make take […]

Roche vs Cipla: Is Cipla Downplaying the "Public Interest" Argument? Read More »

Subtle Intimidation by Cipla Counsel: Whither Transparency?

In relation to our last post detailing out the various arguments by counsels in the Roche vs Cipla matter, I was a little disturbed to learn that some of our sources (who were kind enough to speak to us about the hearings) were approached by Cipla’s counsel and castigated for their alleged role in our post. Firstly, I wish to draw the attention of this aggrieved counsel to the last sentence in our post: “Needless to state, they are not

Subtle Intimidation by Cipla Counsel: Whither Transparency? Read More »

Roche vs Cipla: The "Appellate" Battle Heats Up

Today was yet another momentous day in the big ticket Roche vs Cipla litigation. Abhishek Manu Singhvi, counsel for Roche (along with Parag Tripathi) closed arguments on behalf of Roche. And immediately thereafter, Arun Jaitley opened arguments on behalf of Cipla. As our readers are aware, in the first instance, a single judge of the Delhi High Court, Justice S Ravindra Bhat denied an injunction to Roche in relation to its anticancer drug “Tarceva” and permitted Cipla to continue manufacturing

Roche vs Cipla: The "Appellate" Battle Heats Up Read More »

US Guidelines on Patent Outsourcing: Sounding the Death Knell for Indian LPO’s?

The recent WTO talks came a cropper: despite intense negotiations over several weeks, member states couldn’t agree on critical “agricultural” issues. Intellectual Property issues also featured prominently, as developing countries pressed for international norms on GI’s and mandatory “disclosure of origin” (in so far as patent applications covering bio-resources were concerned). While some blame the newly emerging economies such as China and India for the failure of these talks, others have pointed fingers at the “developed” bloc. With elections around

US Guidelines on Patent Outsourcing: Sounding the Death Knell for Indian LPO’s? Read More »

Grave Diggers, "Immoral" Patents and the NBRA

In a previous post, Prashant highlighted a recent bill proposing the creation of a national biotech regulatory authority (NBRA) and noted: “The NBRA Bill confers upon the regulator the power to regulate research, manufacture, import and marketing of genetically modified organisms. As of now the entire process relating to the regulation of genetically modified organisms is quite ad-hoc and it is exactly this problem that the NBRA seeks to solve by providing a single window clearance mechanism. ” SpicyIP recently

Grave Diggers, "Immoral" Patents and the NBRA Read More »

Geographical Indications in India: Playing the Numbers Game

In yet another instance of gross misreporting, G Srinivasan mis-states in the Hindu Business line that: “After five years of the enactment of the Geographic Indications of Goods (Registration and Protection) Act that came into effect from September 2003, only nine products have been accorded the Geographical Indicator (GI) status while another two are due to get the status from the Registrar of GIs in India.” Since the numbers seemed horrendously low and contradicted innumerable earlier reports on this theme,

Geographical Indications in India: Playing the Numbers Game Read More »

Patent Examiner Blooper: The Times Group Issues a Clarification

In an earlier post, we bought to your notice a rather interesting comment allegedly made by an Indian patent office examiner. Resonating with the US sub solar approach on patentability (ushered in through Diamond vs Chakraborty), this examiner apparently stated that ““Anything and everything on this earth is patentable provided it is novel, inventive and industry applicable.” We received a number of comments to this post, some of them very angry and quite evidently from folks that work at the

Patent Examiner Blooper: The Times Group Issues a Clarification Read More »

Latha Jishnu on the Mysterious Indian Bayh Dole Bill

Latha Jishnu of the Business World has this wonderful piece on the mysterious “Bayh Dole” style bill. For those wishing to access a copy of this proposed legislation, please see here. Latha ends on a very persuasive note: “What we need is some informed debate on what is India’s best interest at this particular stage instead of going for a wholesale import of an American system that could prove ineffectual. Otherwise, we could be headed for a nuclear deal in

Latha Jishnu on the Mysterious Indian Bayh Dole Bill Read More »

The Ranbaxy Daichi Merger: An Emerging “Ardhnarishwar”* Model in the Pharma Industry?

DNA carried an op-ed of mine on the Daichi-Ranbaxy take-over and the implications for the future of IP. I reproduce this article below. The Ranbaxy Daichi Merger: An Emerging “Ardhnarishwar”* Model in the Pharma Industry? (* Legend has it that the Hindu God Shiva appeared in a half male-half female form before Brahma, the creator god to demonstrate the concept of duality. This “dual” form of Lord Shiva is referred to as “Ardhnarishwar”) Generics are generics And innovators are innovators

The Ranbaxy Daichi Merger: An Emerging “Ardhnarishwar”* Model in the Pharma Industry? Read More »

SpicyIP Tidbits: Cipla Takes On Roche Again!

CH Unni and Bhuma Srivastava of the Mint report as below: Cipla, Roche may now spar over ValcyteNew Delhi / Mumbai: Mumbai-based Cipla Ltd is looking to launch a cheaper copycat version of Valcyte,a patented drug from the stable of Swiss firm F Hoffman-La Roche Ltd, a move that will likely intensify the fight between the two companies which are already battling it out in the Delhi high court over Cipla’s launch of another patented Roche drug, Tarceva. “The company

SpicyIP Tidbits: Cipla Takes On Roche Again! Read More »

Scroll to Top