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.

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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Copyright

Specialised IP Courts (IV): Correcting the Copyright Board


In a series of posts, I reflected on the desirability or otherwise of specialised IP adjudication in India. Previous posts dealt with the woeful history of the IPAB and the new kid on the specialised block (the commercial courts). Though, on a closer investigation, one might argue that the concept of a commercial court/bench predates this New Act, having  existed informally at some of the high courts, at the discretion and pleasure of the reigning Chief justice who simply allocated certain kinds…


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Copyright

Caste(ing) out Copyright Conundrums: Ambedkar, Arundhati and Compulsory Licensing


Carrying on from our earlier post on the Doniger vs Penguin (Pulp) Controversy (again the below post had only been emailed out to SpicyIP subscribers two years ago: so reproducing it in full below, so that it’s publicly accessible): It turns out that the compulsory licensing provisions were invoked in the more recent Ambedkar controversy. I’ve put together a piece reflecting on both the Ambedkar and Doniger disputes and how compulsory licensing and at risk infringement may be one of…


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Copyright

The Pulp of the Penguin and Compulsory Licensing?


Two years ago, the piece below was emailed out to our subscribers who are part of the SpicyIP google group. Unfortunately, it was never posted on the blog; am therefore doing the honours now, so that it can be accessed for posterity (or the end of the world, whichever comes earlier). (ps: In order to subscribe to SpicyIP and receive emails the moment we post on our website/blog, all you need to do is to go to the home page of…


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Trademark

Smoking Monkeys, Roasted Hornbill and Indian Trademark Law


What’s the connection, you might ask? Well, you’d have to dip into a rather profound parliamentary conversation that preceded the passage of the 1999 Trademarks Act (the one that brought in the IPAB)..to get to the root of this mystery! Here goes: Title: Discussion on the Trade Marks Bill, 1999 (16:12 hrs). Mr Chairman: Hon. Minister, Shri Murasoli Maran may move the Trade Marks Bill for consideration. Time allotted is 2 hours. THE MINISTER OF COMMERCE AND INDUSTRY (SHRI MURASOLI…


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