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.
He is also a research associate at the Oxford Intellectual Property Research
Center (OIPRC) and the founder of SpicyIP, a 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.
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 and developing countries,
innovation policy and patents, international trade and the interface between
patents and antitrust. He has spoken on these themes at various conferences and
also published papers in leading technology journals such as 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)
- Advisory Panel Member, Indian Journal of Intellectual Property Law:
(2008-present)
- Editorial Board Member, India Business Law Journal: (2007-present)
- Visiting Faculty, Institute of Pharmaceutical Healthcare Management and
Research (IPHMR), Kolkata: (2006-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
- Senior Associate and Head of Technology and Media Law Division, Anand and
Anand – Intellectual Property Law Firm, Delhi (January 2000—2003)
- Practice Areas: Intellectual Property Laws, Law/Policy Relating to
Biotechnology, Pharmaceuticals, Information Technology, Telecommunications,
International Trade Law.
- 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
Books:
- Perspectives on Patent Law in India (Lexis Nexis, New Delhi, June 2009)
(forthcoming: co-authored with Prashant Reddy).
Book Chapters:
- From Free Trade to Fair Trade: Cross Retaliating Against TRIPS, "Global
Regulatory Governance and the State: India and the Emergence of Global
Administrative Law" Kingsbury et al (ed), (OUP, New Delhi, 2009) (forthcoming).
- 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).
- Trademark Issues on the Internet: Domain Name Dispute Resolution, "Information Technology Law in India" (Indian Law Institute, New Delhi, 2004).
- Media Laws in India ‘Investing in India' (Asia Law and Practice, Euromoney
Publications (Jersey) Limited, 2002).
- E-commerce in India: An E-volving E-jurisprudence ‘Asian E-volution' (Asia
Law & Practice, Euromoney Publications (Jersey) Limited, 2001).
Papers (Refereed):
- The Doctrine of Equivalents in Various Patent Regimes: Does Anybody
Have it Right?, 11 Yale J.L. & Tech. 261 [co-authored with 7 others,
including The Hon. Sir Nicholas Pumfrey, Justice Meirbeck and Prof
Adelman]).
- Section 3(d) of India's Patent Act: Crude, Yet Constitutional, Volume 5,
Issue 2, Script-ed, August 2008.
- Popping Patented Pills: Europe and a Decade's Dose of TRIPs EIPR Volume 28
Issue 4 (May 2006). (with David Vaver).
- India's New Patent Regime: Aiding Access or Abetting Genericide International
Journal of Biotechnology, 8 (5) 2006.
- Taming of the Flu: Working Through the Tamiflu Patents in India Journal of
Intellectual Property Rights 11(2)(2006) 113-124 (with Tahir Amin)
- India's Tryst with TRIPS: The Patents (Amendment) Act 2005 1 Indian J. L. &
Tech. 15 (2005).
- 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)).
- 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).
Other Papers:
- The "Glivec" Patent Saga: A 3-d perspective on Indian patent policy and
TRIPS Compliance, ATRIP, 2007 (
Download ) (Best Paper Award by ATRIP)
- Turning TRIPS On Its Head: Cross Retaliation at the WTO (draft available on
SSRN)
- Block Me Not: Genes as Essential Facilities: IIP, International
Collaboration on Intellectual Property, Tokyo, 2003.
- Regulatory Data Protection under Article 39.3 of TRIPS: Towards a
Compensatory Liability Standard, India Paper No 108, Intellectual Property
Institute (IPI), London (Commissioned by the IPI and available at <
http://www.ip-institute.org.uk/pub.html >)
- TRIPS Compatibility Review of the Patents Amendment Act 2005, India Paper No
106, Intellectual Property Institute (IPI), London (Commissioned by the IPI and
available at < http://www.ip-institute.org.uk/pub.html >).
- The Patents Amendment Act, 2005: Implications In and Outside India, 62 IIP
43 (with Mrinalini Kochupillai).
- Unleashing the True Potential of Convergence: Will the Law be a Damp Squib,
‘Computer and Telecommunications Law Review' (Sweet and Maxwell, London November
2002).
- IP Owners Win Indian World Cup Contest ‘Managing Intellectual Property'
(Sweet and Maxwell, London, August 2002).
- India Liberalizes Domain Name Policy ‘International Internet Law Review'
(Sweet and Maxwell, London, Feb 2001).
- Patenting Genes and Gene Sequences: The Next El Dorado (EDIP [Electronic
Database of Intellectual Property], Oxford, January 2001)
- Confidentiality of Genetic Information: Need for Legislation 5 Law &
Medicine 101 (1999)
- Establishing Rights/Legitimate Interests in a Domain Name: Cyber squatters
Get Creative ‘Computer and Telecommunications Law Review' (Sweet and Maxwell,
London, January 2001).
Newspaper Editorials:
- Of Generics, Pharmaceutical Patents and the Countdown to 2005: A Note to
Policy Makers, Economic Times, 26th September 2004 (dealing with pharma mailbox
applications).
- A Method to the Madness, Mint, November 5, 2008 (discussing software patents
in India).
- The Potency of a Middle Path, Mint, July 9, 2008 (discussing patents and
drug regulation).
- Make that Bargain Equitable, Mint, August 26, 2008 (discussing WTO-TRIPS and
cross retaliation).
- The Rhetoric of Patent Busting, Indian Express, April 12, 2008 (discussing
the Roche vs Cipla (Tarceva) litigation
- Break with Tradition, Indian Express, July 5, 2008 (discussing the Kerala TK
protection model)
- Empty Allegations, DNA, Feb 25, 2007 (discussing the Mashelkar Committee
Report Controversy)
- Ranbaxy-Daiichi Merger: An Emerging Ardhnarishwar Model? DNA, July 10, 2008.
- Indian Patent Bill: Let's Not be too Hasty, Sci-Dev, 10 Sept 2008 (Bayh Dole
Bill).
- Patent Problem DNA, August 29, 2007 (discussing the pharma vs generic wars(
- Pharma MNCs Bullying Govt with China Sword? Economic Times, 14 August 2007.
Interviews:
- Encourage Innovation with Holistic Approach The Hindu (13 October 2008)
- The Novartis Saga — Prescription for Patent Strategy in India, The Hindu
Business-Line (Sept 5, 2007)
- We need to evolve our own set of distinctive intellectual property norms' The
Hindu Business Line (Feb 24, 2007)
CONFERENCE PRESENTATIONS/LECTURES/CONFERENCES ATTENDED
- Indian Patent Law and TRIPS: From Tripping to Gripping, "1st Annual National
Law School of India Review Symposium on Challenges to India's Patent Regime"
(National Law School of India University, Bangalore 12 April 2008).
- Indian Patent Law and its Tryst with TRIPS, EGA 4th legal Forum (Brussels,
Jan 30, 2008)
- "Mobilizing Governments for A2K", Moderator, Access to Knowledge (A2K)
Conference (Yale Law School, April 2007).
- Impact of US Patent Reform on Indian Firms, USIACC panel on Patent Law Reform
(Washington, 5 September 2007)
- Patents and Innovation in India, National Academy of Sciences (Washington DC,
24 Sept 2007)
- History of the Indian Patent System, "Patent Rights in India & China", (IPO
Education Foundation, June 11, 2007, Washington)
- Are Pharmaceutical Inventions a Special Class: Invited Speaker by the
University of Augsburg (Germany, 20 July 2007)
- 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).
- Non Obviousness or Inventive Step: Indian Position, Speaker at GW India
Project Delegation (GW CII event, Mumbai, 2007)
- Bridging IP Disputes: Towards a "Middle Path" Conference to Commemorate
World IP Day (IPI, Washington, 26 April 2007)
- Enforcement of Patents in India: The Likely Scenario, American Society of
International Law event on IP (GW, Washington, 27 March 2007)
- 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).
- Impact of India's Patent Amendment on the Pharmaceutical Industry ‘Invited
Speaker to a workshop by SIPLA at Franklin Pierce Law Centre (Concorde, 20
October 2005).
- Unblocking Gene Patents: An Antitrust Approach Invited speaker by the
Shandong University of Technology (Zibo, China 24 September 2005).
- Policy Options For Assuring Affordable Access To Essential Medicines ‘The
Third Bellagio Dialogue On Development And Intellectual Property' (organized by ICTSD and UNCTAD, Bellagio, Italy 12-16 October 2004) (Invited Delegate)
- Block Me Not: Genes as Essential Facilities ‘Fifth Asian Bioethics
Conference (ABC5)' (Tsukuba, Japan 13-16 February 2004).
COURSES TAUGHT
Trips, Patents and Public Health (Course taught at George Washington University
law school and at the Munich Intellectual Property Research Center (MIPRC) in
2007
RESEARCH WORK COMPLETED / CURRENTLY UNDERTAKEN
Current Projects of IPR Chair:
i) Collaborative IP Policy making (CLIP)
ii) Informal IP: Reconceptualising IP norms to suit the Informal Economy
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