CHAIR PROFESSOR
INTELLECTUAL PROPERTY LAW
NUJS


 
 



Shamnad Basheer

Shamnad Basheer

 


E MAIL: shamnad@gmail.com

PHONE NUMBER: 9831512975

SCHOOL OR CENTER: IPR Chair

BIO

Professor Basheer joined NUJS in November 2008 as the first Ministry of Human Resource Development Chaired Professor in Intellectual Property Law.

Prior to this, he was the Frank H Marks Visiting Associate Professor of Intellectual Property Law at the George Washington University law school and a research associate at the Oxford Intellectual Property Research Center (OIPRC).

He is the founder of several initiatives including:

1. SpicyIP, a website/blog dedicated to analyzing IP and innovation policy news and cases from India. The blog has been rated by Lexis Nexis as one of the leading IP blogs in the world.

2. IDIA, a pan India student movement to promote access to legal education in favour of underprivileged students through the length and breadth of India.

3. P-PIL, a forum that brings together legal academia, industry and all other stakeholders to achieve shared public interest goals through the instrumentality of the law.

4. Lex Biosis, a general collaborative initiative between legal industry and legal academia.

He is also regularly consulted by the government and Parliamentary committees on IP policy issues and legislations.

He graduated from India's premier law school, the National Law School of India University, Bangalore. He then joined Anand and Anand, a leading intellectual property law firm in New Delhi, and worked on a variety of contentious and non contentious IP matters before being called upon to head the firm's IT and Telecommunications Law Division, India. Whilst in practice, the IFLR 1000 guide rated him as a leading technology lawyer.

Prof Basheer went on to do his post-graduate studies at the University of Oxford. He completed the BCL (as a Shell Centenary scholar) and MPhil with distinction; his thesis dealing with biotechnology and patent law in India was awarded the second prize in a writing contest held by the Stanford Technology Law Review. He is currently reading for the DPhil (PhD) as a Wellcome Trust scholar. In the past, he has been an invited research fellow at the Institute of Intellectual Property (IIP), Tokyo, an International Bar Association (IBA) scholar and an Inter Pacific Bar Association (IPBA) scholar.

He has been an editor of the Oxford Commonwealth Law Journal (OUCLJ) and a founding member of EDIP (Electronic Database of Intellectual Property). His research interests include intellectual property issues (particularly patents and copyrights) and innovation/creativity policy, public health, international trade issues, competition law and issues around legal education.

He has spoken on these themes at various conferences and also published papers in leading technology journals such as the Yale Technology Law Journal, IPQ (Intellectual Property Quarterly), EIPR (European Intellectual Property Law Review) and JILP (Journal of law technology and policy).

OTHER DETAILS

Affiliations

  • Expert, The Innovation Partnership (TIP), Canada: (2008-present)
  • Research Affiliate, IP Osgoode, Canada: (2008-present)
  • Editorial Board Member, India Business Law Journal: (2007-present)
  • Founder member of EDIP, an online intellectual property database.
  • Visiting Faculty, Munich IP Law Center, (May-July 2007)
  • Visiting Faculty, LSE Summer School in IP law: (May-June 2006)
  • Visiting Scholar, University of Illinois at Urbana Champaign, Illinois: (September 2005-January 2006)
  • Invited Research Fellow, Institute of Intellectual Property (IIP), Japan: (2003-2004)
  • Tutor, Sarah Lawrence Program, Wadham College, University of Oxford (Tutorials on Patent Law): 2003-2004
  • Visiting Faculty, Indian Law Institute, New Delhi (Course on Cyber Laws): 2000-2002
  • Editor: Oxford Commonwealth Law Journal (2003-04)

Practice/Consultancy Experience

  1. Senior Associate and Head of Technology and Media Law Division, Anand and Anand – Intellectual Property Law Firm, Delhi (January 2000—2003)
    1. Practice Areas: Intellectual Property Laws, Law/Policy Relating to Biotechnology, Pharmaceuticals, Information Technology, Telecommunications, International Trade Law.
  2. Consultant to various law firms, NGO's and international organisations (UN, EU, JPO) on various aspects of Indian IP

Scholarships, Prizes and Awards

2007: Awarded the first place in a writing contest held by ATRIP for an article dealing with the Novartis-Gleevec patent case in India.

2004: Awarded the second prize in a writing contest held by the Stanford Technology Law Review for an article on biotechnology and patent law in India.

2004: Awarded the MS Lin Scholarship to attend the Inter Pacific Bar Association (IPBA) conference in Seoul.

2003: Awarded the Wellcome Trust studentship prize and the Clarendon Scholarship for the Mphil/Dphil at Oxford.

2003: Awarded a distinction on the BCL at Oxford.

2003: Awarded the IBA (International Bar Association) scholarship.

2002: Awarded the Shell Centenary-British Chevening Scholarship for the BCL at Oxford.
 
2002: Rated as one of the leading technology lawyers in India by the IFLR 1000 guide (a Euromoney publication) in 2002.

2001: Awarded the second best prize by the Institute of Company Secretaries of India (ICSI) for an article on "Internet and Intellectual Property Rights".

PUBLICATIONS (Representative)

  1. Perspectives on Patent Law in India (Lexis Nexis, New Delhi, June 2009) (forthcoming: co-authored with Prashant Reddy).
  2. When Intellectual Property Rights Overlap (OUP, UK, Forthcoming) (co-edited with Neil Wilkoff)
  3. Book Chapters:

  4. The WIPO Development Agenda: Factoring in the "Technologically Proficient" Developing Countries "Implementing WIPO's Development Agenda" DeBeer (ed), (Wilfred Laurier University Press/Centre for International Governance Innovation/International Development Research Centre, Waterloo, Ontario, 2009) (forthcoming).
  5. Trademark Issues on the Internet: Domain Name Dispute Resolution, "Information Technology Law in India" (Indian Law Institute, New Delhi, 2004).
  6. Media Laws in India ‘Investing in India' (Asia Law and Practice, Euromoney Publications (Jersey) Limited, 2002).
  7. E-commerce in India: An E-volving E-jurisprudence ‘Asian E-volution' (Asia Law & Practice, Euromoney Publications (Jersey) Limited, 2001).
  8. Papers (Refereed):

  9. The Doctrine of Equivalents in Various Patent Regimes: Does Anybody Have it Right?, 11 Yale J.L. & Tech. 261, 2009 [co-authored with 7 others, including The Hon. Sir Nicholas Pumfrey, Justice Meirbeck and Prof Adelman]).
  10. The Experimental Use Exception: A Developmental Perspective, IDEA Volume 50, Number 4, 2010, page 831-873 (with Prashant Reddy)
  11. Outsourcing "Bayh Dole" to India: Lost in Transplantation, Columbia Journal of Asian Law, Volume 23, Number 2, Spring 2010
  12. Turning TRIPS On Its Head: An IP "Cross Retaliation" Model for Developing Countries, Law and Development Review, Berkeley Press, Volume 1, 2010.
  13. Section 377 and the 'Order of Nature': Nurturing 'Indeterminacy' in the Law?, NUJS Law Review, Vol.2, No. 3, 2009
  14. The "Efficacy" of Indian Patent Law: Ironing out the Creases in Section 3(d), Volume 5, Issue 2, Script-ed, August 2008. (co-authored with Prashant Reddy)
  15. 'Ducking' TRIPS in India: A Saga Involving Novartis and the Legality of Section 3(d) National Law School of India Review, Vol. 20, No. 2, pp. 131-155, 2008.
  16. TRIPS, Patents and Parallel Imports: A Proposal for Amendment, Indian Journal of Intellectual Property Law , Vol. 2, pp. 63-86, 2009 (with M Kochupillai)
  17. Exhausting' Patent Rights in India: Parallel Imports and TRIPS Compliance, Journal of Intellectual Property Rights, Vol. 13, pp. 486-497, September 2008 (with Mrinalini Kochupillai).
  18. Popping Patented Pills: Europe and a Decade's Dose of TRIPs EIPR Volume 28 Issue 4 (May 2006). (with David Vaver).
  19. India's New Patent Regime: Aiding Access or Abetting Genericide, International Journal of Biotechnology, 8 (5) 2006.
  20. Taming of the Flu: Working Through the Tamiflu Patents in India Journal of Intellectual Property Rights 11(2)(2006) 113-124 (with Tahir Amin)
  21. India's Tryst with TRIPS: The Patents (Amendment) Act 2005 1 Indian J. L. & Tech. 15 (2005). (reprinted in in Edson Beas Rodrigues Jr. and Fabrício Polido (ed), Propriedade Intelectual (Rio de Janeiro, Elsevier, 2007).
  22. Policy Style Reasoning at the Indian Patent Office Issue No 3, Intellectual Property Quarterly (IPQ) (paper based on BCL thesis submitted at Univ of Oxford that was the winner of second prize in a contest by Stanford Technology Law Review (STLR)).
  23. Block Me Not: Genes as Essential Facilities Journal of Law, Technology and Policy (2005) Issue No 2, 55. (reprinted in Journal of Intellectual Property Rights, September 2006, 11(5) 309-390).
  24. Newspaper Editorials:

  25. Build Patent Regime on Fortified Law, Economic Times, 7th October 2010 (with Prashant Reddy: discussing the unconstitutionality of the present compulsory licensing scheme)
  26. In the Service of Privacy, Times of India (Crest Edition), August 7, 2010 (advocating for a privacy legislation)
  27. Sold for a Song, Indian Express, 16 July 2010 (advocating for better remuneration and royalties for copyright artists, lyricists and musicians.
  28. Don't Burn the Digital Books, Indian Express, Feb 11, 2010 (dealing with copyright issues in the context of the Google Book Search project)
  29. '3 Idiots' and the Morality of Numbers, Indian Express, Jan 7, 2010 (dealing with the copyright controversy involving Chetan Bhagat and the movie 3 Idiots)
  30. Encouraging Drug Innovation, Mint, August 27, 2009 (dealing with the revised Mashelkar Committee Report)
  31. The Law, Smoke and Mirrors, Mint, March 12, 2009 (dealing with a ban on the advertising of "smoking")
  32. Creating Informal IP Norms, Mint, December 23, 2008
  33. A Method to the Madness, Mint, November 5, 2008 (discussing software patents in India).
  34. Indian Patent Bill: Let's Not be too Hasty, Sci-Dev, 10 Sept 2008 (Bayh Dole Bill).

Interviews

Paper Presentations and Workshops

  1. Traditional Knowledge: From Reductionism to Holism, ATRIP Conference, Stockholm, Sweden, July 2010
  2. Pharmaceutical Patent Enforcement in India: Some Thoughts for Reform, "New Spaces, New Actors and the Institutional Turn in Contemporary Intellectual Property Law", Kyushu University, Japan, February 13 and 14, 2010
  3. Romanticising Innovation, 5th International Forum on Creativity & Inventions - A Better Future for Humanity in the 21st Century", WIPO FICCI Conference, New Delhi, November 11-13, 2009
  4. Indian IP: A Holistic View, "International Bioforum", Tokyo, July 3, 2009
  5. Indian IP: An Extra Legal Perspective "IPBC Forum", Chicago, June 22, 2009
  6. Indian Patent Law and its Tryst with TRIPS, EGA 4th legal Forum (Brussels, Jan 30, 2008)
  7. "Mobilizing Governments for A2K", Moderator, Access to Knowledge (A2K) Conference (Yale Law School, April 2007)
  8. Patents and Innovation in India, National Academy of Sciences (Washington DC, 24 Sept 2007)
  9. Are Pharmaceutical Inventions a Special Class: Invited Speaker by the University of Augsburg (Germany, 20 July 2007)
  10. Factoring in the Technologically Proficient Developing Countries, Strategies to Implement a WIPO Development Agenda , EDGE Network, (Vancouver 15 October 2007)
  11. Schizophrenia in Indian IP Policy? Invited Speaker to panel on "India, IP Developments and TRIPS" at the 15th Annual Fordham Conference on Intellectual Property Law Policy (Fordham, New York, April 12, 2007)
  12. Patents and Access to Medicines Invited panelist by UNDP to workshop titled 'Access to Treatment for HIV/AIDS in Arab States (Cairo, 17 November 2005)
  13. Unblocking Gene Patents: An Antitrust Approach Invited speaker by the Shandong University of Technology (Zibo, China 24 September 2005)
  14. Creativity and Human Society 'Queen Mary ESRC Research Seminar Series' 29-30 November 2004, London (Invited Panelist)
  15. Block Me Not: Genes as Essential Facilities 'Fifth Asian Bioethics Conference (ABC5)' (Tsukuba, Japan 13-16 February 2004)

Conferences

  • Organised a Conference on the Indian "Bayh Dole" Bill at WB NUJS in September 2009
  • Organised an International Conference on "Innovation, Creativity and IP Policy" with the Max Planck Institute, Munich: November 19-20, 2010

Parliamentary Depositions

  • Was invited as an expert witness before Parliamentary Standing Committee dealing the Indian "Bayh Dole" Bill (appeared before them twice in March 2010)
  • Was invited as an expert witness before Parliamentary Standing Committee dealing with Indian Copyright Act (Amendment) Bill (appeared before them in May 2010)

Courses Taught

Patents and Innovation Policy; TRIPS, Patents and Public Health

Current Projects of IPR Chair

i)   Collaborative IP Policy making (CLIP)
ii)  Informal IP: Reconceptualising IP norms to suit the Informal Economy
iii) Promoting Public Interest in IP Policy Making


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