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 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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SpicyIP Events

1. National Seminar on Patents on 23rd September,2007. Thanks to Malavika Kumar, an outstanding student at ILS, Pune for bringing this to our attention. This workshop is organised by the Indian Institute of e Business Management(IIeBM)in association with GMGC and Times Group and will include discussions on a wide variety of India IP themes, including the Novartis Case, Software Patenting and E-filing of Patents Prominent speakers include Dr. Raghunath Mashelkar (Former Director General of CISR,India) and Dr. S. Chandrashekaran (Former

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Need Co-Bloggers

If any of you are interested in joining SpicyIP as a co-blogger, please let me know ([email protected]). We are particularly interested in folks that can blog on non patent related IP matters (copyright, trademarks, traditional knowledge, GI’s) or even “innovation” more generally or any other IP/innovation theme that has some relevance for India. The understanding between us now is that each blogger post at least once a week. We intend to make this blog a one stop shop for leading

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SpicyIP Events

1. NAS Conference on Innovation in India and China: For details on this upcoming conference by the National Academy of Sciences (NAS) in Washington DC (Sept 24-25), please see here. Along with Prof Bhaven Sampat, I am presenting a paper on innovation in India. Note the catchy title of the Conference: “The Dragon and the Elephant:Understanding the Development of Innovation Capacity In China and India”. I just wish that they’d used “tiger” instead of “elephant”:) 2. Workshop on ‘Trade and

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Public Participation in IP Policy Making

Arun K Thiruvengadam, a brilliant constitutional law scholar who teaches at the National University of Singapore (NUS) comments on an interesting article in “law and other things” (where I co-blog as well). I reproduce his post below “The purpose of this post is to make a somewhat obvious and trite point, which, however, seems to be worth reiterating in current times. Kaushik Basu has a recent column in the HT which articulates this very well: “Democracy runs on participation, and

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SPICY COMMENTS

We’re starting a new section, where we intend to pick up interesting comments by readers and post them on the blog. As many of you know, you can comment on any one of our posts by visiting the blog and clicking on the “comments” tab at the end of each post. Anyway, of the recent posts, we found the following to be the most interesting (“spicy”): 1. Shamnad’s post on JC Bose and his aversion to Patenting: Prof Rajesh Kochhar

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SECTION 3(d) AND "EFFICACY": MORE CASES

1. Novartis abandons patent application in India: The business standard thinks that this could be prompted by fears of a Glivec type rejection and reports that: “Swiss pharma major Novartis has chosen not to pursue the patent application for its AIDS drug Atazanavir in India after the patent was declared “abandoned” even as it continues to fight for the licence rights of its cancer drug Glivec in the Indian patent office.” 2. Eli Lilly loses patent over osteoporosis drug: CH

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NOVARTIS PATENT SAGA: FLAWED STRATEGY

There are valuable lessons that patent professionals can learn from the Novartis (Glivec) Patent Saga. The Hindu Business Line carried an interview with me in this regard. For those interested, please click here. I also attach the note that I passed on to them below: “Recently, in a legal dispute involving the patentability of Novartis’s famed anticancer drug, Gleevec, the Madras High Court ruled that section 3(d) of the Indian Patents Act was constitutional. It also ruled that it did

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NOVARTIS AND THE "C" WORD: FLAWED PATENT STRATEGY

A couple of more news reports have emerged on the threat by Novartis to move its investments to China, in the wake of the Glivec patent litigation. In an earlier post, SpicyIP had noted: “Evoking the name of China is a clever move and one aimed at jolting our Ministers and bureaucrats into action. I couldn’t help being amused at the paradox though. China’s IP regime being lauded by an MNC?? The sun must have risen in the West today!!

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INDIA’S TRYST WITH INTELLECTUAL PROPERTY: TOWARDS A "MIDDLE PATH"?

As part of its efforts to celebrate the 60th anniversary of India’s independence, DNA requested me to write an article on India and intellectual property. For those interested, it can be found here. I’ve also copied it below. I’ve advocated in this article that the Novartis patent case be permitted to run its course and the matter decided on merits by the IPAB/courts, so that we get some guidance on how “efficacy” is to be interpreted. This seems a particularly

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