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.

Natco vs Roche (Doha License): First Day

I’ve been given to understand that Natco’s counsel presented arguments before the patent office today. However, it appears that most of the arguments were centered around the interlocutory application filed by Natco, opposing the move by the patent office to hear Roche/Pfizer. Tomorrow, the patent office will hear arguments in this regard from counsels representing Pfizer/Roche. It is only after they decide on this interlocutory application (i.e. that parties cannot be heard under section 92A) that the matter will be […]

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India’s First Doha Case: Has Nepal Issued a Notitication?

Pursuant to our posts on the Natco’s application for a Doha Style Compulsory license to export two anti-cancer drugs patented by Roche/Pfizer, there have been some articles on this theme in the mainstream media. We bring you two of them in this post. For our earlier posts, see here (in particular see the exchange with Tahir Amin in the “comments” section of the blog post), and here. Tatum Anderson wrote a piece in IP Watch and Jonathan Allen reports on

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India’s First "Doha" Case: Natco, Pfizer and Roche will be Heard Soon…

Sarah Hiddleston from the Hindu reports on a hearing to decide whether or not India should issue its first compulsory license for the export of Pfizer’s Sunitnib and Roches’ Erlotinib to Nepal. We had blogged on this application earlier here, setting out the text of section 92A and the various legal issues involved with this compulsory licensing application. “The government is to consider whether or not it should allow its drugs companies to manufacture patented medicines for export to poor

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Exporting Bayh Dole to India: Whither Transparency–Part II

As promised, I’m posting some of my preliminary views on the Bayh Dole style bill in India. Would love to hear what readers think about this proposed bill–it may be an old version, but it’s a fair guess that there are no radical changes in the version introduced in Parliament. 1. The India bill, much like its US equivalent (Bayh Dole) is premised on the assumption that intellectual property rights are the best way to drive innovation. The more IP,

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A Tale of Two Patents: Did the Indian Patent Office Collude?

Yet another interesting incident that adds to the long list of “malady of errors” by the Indian patent office: a recent case suggests that it may have granted the same patent to two entities!! If true, this will come as no surprise, given that the patent office does not have an electronic database of patent information, either for their internal use or for members of the public.Recall the SpicyIP petition that pleaded with the Prime Minister to take immediate steps

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EXPORTING BAYH DOLE TO INDIA: WHITHER TRANSPARENCY? (PART I)

Many of you may have heard of the government’s move to introduce a Bayh Dole style legislation in India. The latest is an article from “Science”, some paragraphs of which I’m reproducing below: “The Indian government is preparing to introduce legislation that it hopes will reverse the traditional hands-off attitude at most Indian universities toward commercializing the results of basic research. The proposed bill, a draft of which was obtained by Science, sets out rules that institutions must follow once

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Cross Retaliation at the WTO: Why I think WIPO is Wrong

Readers will recollect an earlier post, on a unique WTO remedy involving the suspension of IP rights proposed by Antigua. Read the post here and see my article here, suggesting ways to implement this IP suspension (cross retaliation) model. A WIPO Official recently suggested that such IP suspension will not work, since Antigua will end up contravening its independent obligations under the Berne and Paris Conventions. An ICTSD newsletter reports: “A senior official of the World Intellectual Property Organization last

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"Patent" Journalist in India Wins Award

SpicyIP is extremely happy to learn that CH Unnikrishnan of the Mint, by far the most sophisticated “patent” reporter in India, recently won the “best reporter of the month” award. Although an internal award conferred by Mint, what is striking is that the award was specifically conferred for his articles on “patents”. Notably, the ones where he shook up the Indian patent office with his coverage on Roche’s Valcyte patent, where the patent office issued the patent without hearing the

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Turning TRIPS on its Head: Cross Retaliation at the WTO

Many of you may have heard of the Antigua gambling dispute at the WTO. A classic David vs Goliath story. Antigua, a very tiny island nation complained about a US law that restricted Antiguan internet gambling and betting companies from offering their services to US consumers. The WTO ruled that this law violated GATS (General Agreement on Trade in Services). It therefore authorised Antigua to retaliate. However, what was unique about the authorisation was that Antigua could suspend it’s TRIPS

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SpicyIP Scholarship: IP and the Transformation of Generic Supply

1. IP and the Transformation of Generic Supply: In an outstanding article, Ken Shadlen examines the relationship between intellectual property (IP) and public health, with a focus on the extension of AIDS treatment in the developing world. It’s titled “The Political Economy of AIDS Treatment: Intellectual Property and the Transformation of Generic Supply” and the citation is “International Studies Quarterly 51 (September 2007), pp. 559-581”. I reproduce the abstract below: “While most of the literature on IP and health examines

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