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.

SpicyIP Conferences: AIPPI Conf in India and EGA forum in Brussels

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1. “National Seminar on Protection, Enforcement and Leveraging of Intellectual Property”: Organised by the Indian Group of AIPPI (International Association for the Protection of Intellectual Property) from 9th February to 10th February 2008 at The Hans Hotel, New Delhi. The Seminar addresses topics in the field of Intellectual Property in India. World-renowned speakers have already confirmed their attendance at the seminar to share their experiences in India and globally. For more details on this conference, please see here 2. 4th […]

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Roche vs CIPLA: Update

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Heated arguments between Arun Jaitley (representing CIPLA) and Abhishek Singhvi (representing Roche) yesterday. The key issue was the validity of the patent. Jaitley cited a number of case law etc to establish that since this is a new patent, the validity attack should be taken seriously. He also argued that the Indian Patent Act does not grant a presumption of validity–a point that we discussed in our earliest posts on the Bilcare patent matter. Hearings will continue today as well.

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Interesting Patent Case in India on Diagnostic Testing

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I’ve been informed that Justice Sanjay Kishen Kaul (of the Bilcare fame) has reserved judgment in a very interesting patent matter involving a patented diagnostic testing kit for Hepatitus C. For those interested, the case is J Mitra vs Span Diagnostics. The facts briefly are as follows: J Mitra applied for patent. Pregrant filed by Span, is decided in favour of J Mitra. Upon the grant of patent, J Mitra sues Span for infringement and asks for temporary injunction. Span

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Roche vs CIPLA Patent Litigation: Update

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Justice Ravindra Bhatt of the Delhi High Court heard the matter today. Justice Bhatt joined as an additional judge in 2004 and had a stellar career as a lawyer prior to this. He then moved to the writ side of the Delhi High Court. And then later to the original side–I learnt that he joint the “original” side of the Delhi High Court just 15 days back. So this could well be his first IP matter!! As expected, CIPLA filed

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SpicyIP Scholarship: Paper on the Novartis Patent Case and Section 3(d)

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We’re happy to inform our readers that two of our blog members (Prashant Reddy and me) have just completed a draft of an article analysing the Madras High Court judgment in the Novartis case. We focus in particular on the TRIPS compatibility and “constitutionality” of section 3(d) in this paper. I’m copying the abstract below. If you need to access a copy of the article, please click here. Once the page opens, scroll down and click the “download the document

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Launch of Indian Kanoon: Shedding light on Andhakanoon!

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SpicyIP is really happy to announce the launch of “Indian Kanoon”, a fabulous online resource (and free of cost too, just like SpicyIP!) for Indian judgments. Started up by a vibrant computer science student at the Univ of Michigan, Sushant, this will prove really valuable in legal research. It will also go a long way towards ensuring better access to court’s judgments by the general public and more robust public participation–again something that SpicyIP is passionate about promoting. Indian Kanoon

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Brittania gets the better of Unibic in Court: Not Having Such a "Great Day" After All!

/ By / Comparative Advertising, Trademark

We bring to you a guest post from Kruttika Vijay , a brilliant fourth year law student from NALSAR, Hyderabad, one of the India’s premier law schools. I greatly enjoyed reading her note, and am sure you will too. It deals with the controversial and highly entertaining issue of comparative advertising. And centers around on a recent case where an Indian court had injuncted a comparative advertiser. As many of you may know, Indian ad’s are some of the most

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Roche vs CIPLA Patent Litigation: An Update

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An update on what is going on in this high ticket litigation that will set the tone for pharma patent litigation in India: Apparently, Roche’s application for an ex-parte interim injunction did not even contain the complete specification of the patent!! They merely filed a copy of the patent certificate issued–as anyone familiar with patents knows, the certificate merely lists the title of the invention and the inventor’s name etc. It does not contain the “claims”, “description of invention” or

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Bajaj-TVS Patent Dispute: An Update from the Supreme Court

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J Venkatesan of the Hindu (one of the foremost legal correspondents in the country) reports that the Supreme Court of India has asked TVS Motor company not to book further orders for its motorbike ‘Flame’ till January 29″. However, it could execute the orders already received. Which essentially means that the Supreme Court has reinstated the position that prevailed under the judgment of the single judge of the Madras High Court. Readers will recollect our tracking of this case in

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Indian Patent Grants in 2007

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BrainLeague carries some very useful figures of patent grants in 2007. 1. The Indian Patent Office granted 12,119 patents in the year 2007. The table below shows the monthly break-up of patent grants in INDIA for the year 2007. 2. HLL, Honda Giken and Samsung took first three places with 391, 252 and 211 patent grants respectively. CSIR, BASF, Qualcomm, Sliverbrook, Matsushit, Intel, IIT’s and EI DU Pont are some of other top grantees (in the top 10). INDIAN PATENT

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