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.

NOVARTIS SAGA: MAKING A MOCKERY OF THE IPAB!


CH Unnikrishnan, a journalist with LiveMint, who is gaining reputation as one of the most sophisticated writers in patent matters reports: “The Union government has told the Madras high court, which is hearing a petition filed by Swiss drug major Novartis AG challenging the appointment of former patent controller S. Chandrasekharan on the Intellectual Property Appellate Board (IPAB), that it is ready to make a revision in the structure of the board. Novartis is challenging the Chennai patent office’s decision…


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Copyright

SpicyIP Guest Series: Sudhir Syal on Creative Commons


Sudhir Syal inaugurates our guest post series by writing on “Creative Commons”. For those interested in more details on the Creative Commons Movement in India, please watch this podcast featuring Lawrence Liang, Legal Lead, CC India. Also, if any of you are interested in writing guest posts, please let me know. Creative Commons… What’s that again? “An organization that has framed a new code of laws to promote a culture of freedom, openness and creativity.” “A spin-off from the open…


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Challenging Software and Business Method Patents in India


Readers will recollect that SpicyIP reported on a “computer implemented” business method patent filed by the Center for Good Governance (CGG), a government undertaking based out of Hyderabad. For those that may not have time to click on the link above, here is the abstract of the application: “A web-based legal case status management system for tracking, updating and retrieving case-related information and method thereof. A single server configured to house a data repository server in communication with a plurality…


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Trademark

SpicyIP Comments: Trademark Controversies


This week has an abundance of trademark related comments–a very welcome change for our patent heavy blog…. 1. Shwetashree’s post on a recent order by the Delhi High Court upholding Colgate’s trade dress rights: Gaurav Miglani, who represents Ajanta (the defendant who had been injuncted by the court) objected to the post on the following lines: “I was just reading an old news blog of June 5, 07 and and saw ‘In teeth of the issue’ – Ajanta being restrained…


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Patent

Patent Databases in India


A new blog on patent information provides the following details on existing patent databases in India. “Indian patent office provides the bibliographic information freely, but charge for full text. Indian patents can be search in following databases: Ekaswa- A Database: Patent applications filed in India as published in the issues of the Gazette of India (Part III, Section 2) from January 1995 to December 2004. Ekaswa-B Database: Patent applications notified for opposition in the Gazette of lndia (Part III, Section…


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Competition Law

Competition Bill in India: The nexus with IP


At long last!! After being stuck for some years, the Competition Bill is finally passed by the Lok Sabha (lower house of Parliament in India) . It has yet to clear the Rajya Sabha (upper house) and signed by the President before it becomes law. SpicyIP carried some interesting posts on the Iphone (thanks to Aysha) where we highlighted some of the possible ways in which the competition authority in India might intervene to correct IP abuses in India. The…


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Copyright

THE PIRACY PARADOX: "FASHIONABLE" IP


Mrinalini’s post spurred an interesting discussion on piracy and whether it was a plain “evil”, a “necessary evil” or perhaps a “necessary angel”. A recent scholarly article by Professors Rausiala and Springman point out to the “angelic” qualities of “piracy” and proves that it may indeed prove more a boon than a bane in certain industries. Interestingly titled the “piracy paradox”, the abstract is as below: The orthodox justification for intellectual property is utilitarian. Advocates for strong IP rights argue…


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Price Controls in India: Emerging Dichotomy between Consumers Groups and Domestic Industry


The ET reports on the recent opposition of the pharmaceutical industry to price controls: “Pharma industry on Wednesday opposed a move to tighten controls on drug pricing at a meeting of a Group of Ministers, even as Chemicals Minister Ram Vilas Paswan maintained his stand for expanding the list of essential medicines to be regulated. “My ministry is in favour of strengthening National Pharmaceutical Pricing Authority (NPPA) so that prices of essential medicines remain under check,” Paswan reporters after the…


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Innovation

SpicyIP Tidbits


1. Minister gets Innovative, announces Indian Innovation Act: CNN-IBN reports that Kapil Sibal, the Minister of Science and Technology is promoting an Indian Innovation Act. I quote: “In an effort to increase research investment, the Science and Technology Ministry has announced the Indian Innovation Act. It has asked FICCI to prepare a draft for the act by December this year. The aim of the legislation would be not just to increase research investment, but also strengthen education opportunities in science,…


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