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

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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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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