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.

Others

Judging Judges (I): Whither Access to Law?


And finally, I give vent to my long held lament against diarrhoeal decisions! Decisions that ramble on for reams on end, and come at the cost of both legal logic and jurisprudential depth. Decisions that are king size (paper wise), but dwarf like (merit wise). As we found in the case of a prominent IP judge from Delhi whose decisions are fairly long winded; but which (as the prolific Prashant Reddy demonstrated in this potent post here) are absolutely shoddy…


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Innovation

India’s New IP Policy: A “Bare” Act?


I assumed the Hindu op-ed would be the last of my writings on that delightful document titled the “National IPR policy”; one that spewed out many a seductive IP slogan. Unfortunately, that was not to be: and I had to do a second take on this policy in the Deccan Herald. Likening the new policy to the Emperor’s new clothes, a famed fable of a vain king who struts around stark naked after being made to believe that he’d been woven…


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Patent Trademark

Crowning Glory at the IPAB: Singh will be King?


As some of you know, the IPAB has been without a chairman these past two weeks, ever since Justice Basha attained super-annuation in mid May. The Times of India reports: “Patent and trademark disputes pending for years before the Intellectual Property Appellate Board (IPAB) will suffer some more delay, as the national body has now been reduced to a headless and a one-member institution. Its chairman Justice K N Basha attained superannuation on May 13, and the lone technical member…


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Innovation Patent

Solving Sovaldi: Whose Drug is it Anyway?


As I’d mentioned in yesterday’s post, a very interesting development is brewing in the US in relation to the Gilead “Sovaldi” controversy. As some may be aware, the key prior art relied on by opponents to challenge Gilead’s patent application is a published patent by Merck. Merck sued Gilead (claiming that Sovaldi infringes upon this patent) and won in the US (at least at the initial stage, with the jury awarding Merck 200 million dollars, after the patent was found to be…


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Innovation Patent

The Sovaldi Saga: A “Novel” Non-Obvious Standard?


In a previous post, I’d promised to bring a more detailed analysis of the problematic patent decision in the Sovaldi (Sofosbuvir) post, wherein Gilead won a hard fought patent battle against some 8 odd opponents. Apart from the rather thin analysis on section 3(d) which I highlighted, the Deputy Controller also appears to have conflated the novelty and inventive step test frameworks. Essentially, he’s imported the “novelty” test framework into the “non obvious” or inventive step analysis. Or pioneered a…


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Innovation Patent

The New IPR Policy: A Painful Paradox!


Swaraj recently announced the piloting of a new Indian IPR policy, found here on the DIPP website. In this Hindu editorial, I take issue with a fundamental flaw permeating this policy, namely the assumption that IP is an end in itself and we must notch up more IP registrations for the mere sake of it. Given this fundamental flaw, the policy makes a number of empirically unsound assertions, such as a near compulsion for publicly funded scientists to register all their…


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Innovation Patent

Breaking News: Gilead Wins First Round, as Sovaldi Patent Oppositions Dismissed!


After a long and tortuous set of proceedings involving the Indian patent office and the Delhi high court, the final decision in the Sovaldi opposition case just issued. The Deputy Controller handed down a clear victory to Gilead, dismissing the various contentions raised in the various oppositions that had been filed against the patent application (as noted in an earlier post, about 7-8 oppns were filed by different parties). I’ve taken only a quick look at the order by the…


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Patent

Who am I: Pondering the (Existential) Puzzle of the Patent Office


  Who am I? A question that has puzzled philosophers for centuries. A question that will continue to intrigue us till the end of time. A question that is beginning to haunt our very own patent office. For if recent whisperings are anything to go by, a writ petition is slated to be filed by a group of patent officials urging that they ought to be considered as “scientists”. And not just as mere administrative/executive agents of the government of…


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Copyright Others

Apocalyptic Arbitration of IP Disputes?


And Justice Patel holds sway yet again with his robust reasoning and formidable flair!  Ruling (in effect) that:  Legal claims arising from IP licensing (and other commercial) transactions are essentially “in personam” disputes. There is nothing in Indian law which ousts such disputes from arbitration. Put another way, these are perfectly “arbitrable” disputes. And if the parties had mutually agreed to arbitrate such disputes, they must necessarily follow through on this contractual commitment. And cannot rush to court at the…


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Others

Welcoming our Second SpicyIP Fellow This Year


After Rahul Bajaj, I have great pleasure in welcoming our second SpicyIP fellow for this year: Ritvik Kulkarni. We picked him based on the commendable quality of his writings and analysis, evidenced in these posts here, here and here. Ritvik is a 4th year student reading law at the ILS Law College, Pune. His interest in IP began when he chose a copyright case for the Novice Intra-College Moot. It has only risen ever since. In 2015, Ritvik became the…


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