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.

Patent Publication

Specialised IP Courts: A Global Perspective from the ICTSD


In a number of earlier posts (here, here, here and here), I tackled the issue of specialised IP courts in India. All of these were part of a more comprehensive piece for the ICTSD which just released its report on specialised IP courts. The lead paper is by the prolific Professor Jacques de Werra, followed by country specific analysis as below: Brazil (Denis Barbosa/Pedro Barbosa); China (Hong Xue); India: Shamnad Basheer; Uganda (Susan Strba) Here is an introductory note to this study from…


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Competition Law Patent

Breaking News: Delhi High Court Refuses to Stay Anti-Competitive Investigation Against Ericsson


In a fairly exhaustive and well reasoned decision, Justice Vibhu Bakhru ordered today that the Competition Commission of India (CCI) can continue its investigation into Ericsson’s alleged anti competitive practices. This investigation pertains to the alleged abusive enforcement of Ericsson’s standard essential patents (SEP) against a host of Indian smartphone manufacturers, such as Micromax and Intex. Background As we’d noted in our previous posts on this issue, both Micromax and Intex had complained to the CCI that Ericsson was abusing its dominant…


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Patent

Roche vs Cipla at the Supreme Court: Technical Expertise?


We’ve been given to believe that the Roche vs Cipla appeal came up at the Supreme Court today. Here is what a friend of SpicyIP just wrote in: “The matter came up today before Justice Gogoi and Justice Pant. Cipla tried to argue that some aspects of the matter require expert assistance, and hence, requested the court appoint a technical expert as per Section 115. Although the Bench seemed inclined to appoint one, it exercised restrain since at least 4 experts…


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Patent

Patent Pledge: Caving in on Compulsory Licensing?


Caving in on compulsory licensing? And pledging away public health safeguards? If the Indian governments’ alleged under-the-table assurance to USIBC (and other US industry groups) that it will not invoke compulsory licenses (CL’s) anymore (save for public non-commercial use) is truly true, then we have a lot to worry about! Particularly since a compulsory licensing determination vests largely in the control of the Controller (of Patents), a functionary fully beholden to the government…..those that struck a different chord such as…


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Others

Welcoming our First SpicyIP Fellow this Year: Rahul Bajaj


In an earlier post, I noted that we intend to bring the zing back to SpicyIP this year. Our new round of fellowships are in furtherance of that avowed end. I’m extremely pleased to welcome the wonderful Rahul Bajaj as our first SpicyIP Fellow this year. A decision that was easy and quick to make, given the insightful posts he belted out: both now as part of the fellowship process [see here, here, here and here] and even earlier as…


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Others Patent

(Re)Booting the Bar: Barbs, Bribes and a Bar Exam


The key gateway to the legal profession today is through the “Bar Exam” (after completion of one’s degree in law). Similarly, the key gateway to the patent profession (at least of the “prosecution” variety) is through the patent agent exam (after one’s completion of a basic degree in science). Sadly, in India, both have been mired in calamitous controversies! In this post, I reflect on the Bar Exam and its continuing lack of a legitimate legal foundation. In another post,…


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Innovation Patent

Patent Purdah: Sovaldi (Sofosbuvir) Hearings Not Just “Secret”, But “Separate” Too!


Since my earlier post on the secret Sovaldi hearings, I’m given to understand that the patent office also insisted on  the “separateness” of these hearings. So much so that it did not even permit counsels appearing for one of the opponents to sit in on the other opposition hearings. A patent purdah of sorts (am using the term “purdah” to refer to the veil that segregates the “Zenana” house, and not the veil that masks the face!). Let me explain:…


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Innovation Patent

Pro-Patent vs Anti-Patent: Busting a Baneful Box!


An earlier post of mine got the goat of one of our readers, who unleashed a rather caustic comment (in the comments section of the blog) as below: “I wonder what this is all about? When there are several challenges filed against a pending patent application, many of them by Public Interest Groups (which one assumes represent the general public and not any vested groups), where is the question of closed proceedings and secrecy? Why are your posts increasingly becoming heavily…


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Patent

Secret Sovaldi Hearings: Whither Transparency?


In yet another blow for transparency, the Indian patent office is apparently doing all it can to discourage members of the public from accessing the patent opposition hearings in the Sovaldi (Sofosbuvir) case. This despite the fact that this case is of monumental public importance (not just in India but internationally). And more importantly, despite the clear existence of Rule 139 of the patent rules (pointed out to be by the wonderful Feroz Ali) which states that: Hearing before the Controller…


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Others

Bringing Back the Zing: SpicyIP Fellowship of the Ring


So the blog lost a bit of it’s zing in the past year or so. But we’re all set to revamp and rejuvenate it with a fresh batch of bloggers. We put out a call for SpicyIP Fellows some months ago. While some of the entries were good, others were plain bad. And still others, ugly. So we’re extending the timeline again to gather more talent into our midst. If you think you have it in you to put out…


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