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.

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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Copyright Patent Trademark

Specialised Courts (III): Commercialising the High Courts?


This is the third part of our series on specialised courts. The first one captured the sentiments of two judicial heavyweights, one from 50 years ago (J. Rifkind), and another more recent (J. Wood). The second post highlighted our worrisome woes with the IPAB! As for the other specialised IP tribunal in India (the copyright board), the less said the better! What now? Assuming the IPAB is not desirable (at least given the current context and constraints), do we do…


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Patent Trademark

Specialised IP Courts (Part II): Interrogating the IPAB


Specialised courts are contentious creatures! The ICTSD is soon coming up with a series of papers on this and I’m doing the Indian section on this for them. I thought it timely to therefore put out some thoughts on these issues (If you’re interested in reviewing a draft version of the paper, let me know and I can email to you). So here goes: Specialised courts are often touted as offering numerous advantages over regular courts, including speedier dispute resolution,…


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Patent

Specialised IP Courts (Part I): Tilting at the Citadel of Experts?


The debates on the merits or otherwise of specialised IP courts is a raging one. Imagine my delightful surprise when I chanced upon a piece penned more than 50 years ago! One of the most cutting critiques of specialist courts ever; penned in prose that is at once powerful and poetic! Old is certainly gold and it’s a pity that we don’t turn to history more often! Sample this: “Against the citadel of the expert, I tilt no quixotic lance.” What…


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Patent Trademark

Accessing Ayyangar Openly: SpicyIP Teams with EBC


Open access lies at the heart of SpicyIP’s mission to democratize the discussion around intellectual property rights. Fortunately for us, we’ve been blessed with some wonderful partners in the past. One that stands out is Eastern Book Company Pvt Ltd (EBC), a leading legal publishing house. First, they agreed (upon our request) to create a savvy searchable digital duplicate of the Ayyangar Committee Report on Patents. We uploaded it on our SpicyIP resources page, and here is the precise link for those interested…


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Copyright Uncategorized

Copyfraud, Collecting Societies and Quixotic Crusades


More than a year ago, a curious incident cropped up in the copyright circles. Saint Tyagaraja’s music (recorded by various Carnatic music enthusiasts and uploaded on select YouTube channels) was hit with a copyright claim! An all too pliant YouTube immediately took down the content, thereby placating the purported copyright owner. Bizarre to say the least, since the good saint had by then been dead a good 200 years! And had never ever claimed copyright, if ever there was such…


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Patent

Breaking News: Corrective (Anti) Copying Action in Roche vs Cipla


A rather remarkable development in the Indian legal space! In the first ever pharmaceutical patent trial case in India (Roche vs Cipla), judges accept the charge of plagiarism (they had copied parts of their initial summation of the lower court order). And then go on to apologise to the authors of the piece (from which their intern had liberally borrowed). Lastly, they expunge the “copied” paragraphs from their judgment. Hats off to Justice Nadrajog and Justice Gupta of the Delhi High Court…


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Innovation Patent Uncategorized

Qu-IP: Innovative Impotence in Intellectual Intercourse?


Readers may recollect an early series of ours titled “Qu-IP”, where we sought to collate some of the wittiest and whackiest IP quips/sentiments. Well, here comes one.. after a rather long hiatus. In one of my exam papers, I’d asked students to reflect on Fritz Machlup’s famous quote: “If we did not have a patent system, it would be irresponsible, on the basis of our present knowledge of its economic consequences, to recommend instituting one. But since we have had…


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Patent

A “Madhu” Victory for Merck: Busting the Patent Bias Myth!


Does India Suffer a Patent Bias? Clearly not! At least if one were to go by the Delhi High Courts’ recent ruling vindicating Merck’s patent (covering an anti diabetic drug, Sitagliptin) and restraining Glenmark from manufacturing and selling a generic version of the same.  Will the Modi government now please flaunt this decision to our US counterparts who’ve been ranting against the Indian IP system? Here is a Mint piece by Shreeja Sen and others highlighting the salient aspects of this decision;…


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