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.

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BIRD FLU HITS INDIA


One of the first posts on this blog related to Avian Flu. Little did I know that I would have to post again–as the notorious bird flu makes it way to India. As expected, it has brought with it the patent controvery as well. A news item states: “The bird flu threat has become a litmus test for the government on how it would use the patent law flexibility to cope with a public health issue that could potentially be…


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CSIR and Ranbaxy among top PCT applicants


CSIR was always part of this list (taken from www.pharmabiz.com). Good to see that Ranbaxy features here too. It will be a while though before we catch up with South Korea which dominates here. “India stands third in the list of international patent applications filed by developing countries in 2005, and the Council of Scientific and Industrial Research (CSIR) and Ranbaxy Laboratories are among the top ten users of the PCT from developing countries. The top ten users of the…


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More GI registrations in India


A spate of new GI registrations in India. “The Geographical Indications Registry has granted GI certificate to Bidriware from Bidar, Channapatna toys and dolls, Nanjangud banana, Coorg orange, Mysore betel leaf, Mysore rosewood inlay, Mysore traditional paintings and Mysore agarbathi, thereby enabling producers and inventors to prevent others from exploiting their products without permission.”“We have accorded certificates to these items/products. The certificate owners will be the registered proprietors of the GI concerned,” an official with the Geographical Indications Registry told…


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INDIA LAGS IN NUMBER OF IT PATENTS


An interesting piece (titled “India lags in number of IT patents”) on the low levels of software patents in India, despite India’s global excellence “India may be the world leader in information technology but it trails in a big way when it comes to patents in the IT sector.While the top 10 patents holders across the world are IT companies, in India, no IT firm has patents. The list of top 10 patents holders in India comprises only pharmaceutical and…


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Government Babu Claiming Copyright??


A very Happy New Year to all of you. Thought I would start 2006 with a news item that may bring a few laughs. The Economic Times asks: Should a government servant be awarded a copyright for drafting a document in the regular course of work and can he then charge a fee every time that document is used? Apparently, “the new Model Concession Agreement (MCA) for public-private partnership projects in the road sector has created history as well as…


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A BUREAUCRATIC BABU AS IP CHIEF!!


A good friend of mine, Syed Saif Mahmood (senior partner at Amicus Juris, New Delhi) wrote to inform me of a PIL (public interest litigation) that he filed to ensure that the scary prospect in the title (A bureaucratic babu as IP chief!!) does not translate to reality. This reminds me of another instance where the government wanted to appoint a bureacurat to head the competition commission. The Supreme Court came down heavily on the governments proposal and suggested that…


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Database Protection in India


Yet another case provides an excellent opportunity for the outsourcing sceptics to continue with their “I told you so” attitude.. “According to media reports, the spectre of data theft returned to haunt the Indian BPO industry today with the arrest of four ex-employees of the Indian subsidiary of a US-based company on charges of siphoning off classified information causing loss of over Rs. three crore to the firm. Parsec Technologies Inc, involved in business deals with mortgage originators, which provided…


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BIO-FUELS: CONTINUING THE DISCUSSION ON INCENTIVISING BIO-RESOURCE BASED INNOVATIONS


Came across this wonderful news item today in the Hindu Business Line (the ‘Hindu’ is one of the most reputed newspapers in the country and their editorials generally reflect good scholarship) on how the government is now encouraging what are termed as “bio-diesels”. Coming close on the heels of the earlier post on incentivising bio-resource based innovation, this seems timely. I extract from the news: “THE Minister for Petroleum and Panchayati Raj, Mr Mani Shankar Aiyar, today announced that a…


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NEW AGE “INDIAN(A) JONES"?: REGULATING BIOPROSPECTING AND INCENTIVISING INNOVATION


It is interesting to see how traditional knowledge and bio-resources are becoming increasingly prominent in international intellectual property and trade negotiations. A recent note in MIP (Managing Intellectual Property) states: “The Indian ambassador to the WTO, Ujal Singh Bhatia, has proposed to the WTO Council that the TRIPs Agreement be amended to force patent applicants to disclose the source of biological material used in their inventions. The Indian delegation wants any declaration issued at the WTO ministerial meeting in Hong…


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ON A DIFFERENT NOTE–DR PHIL’S PERSONALITY TEST


After all that hardcore IP, I thought this would be a welcome change. Try Dr Phil’s test below (as forwarded in an email from one of my friends, Anil Mani, the “voice over guy“–we went to the same school and though some generations apart, he is much younger at heart than I am). I’m not sure whether I scored a 38 or a 41–as sometimes I’m on my back before I go to sleep and sometimes I’m curled up on…


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