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NUJS IP chair prof Shamnad Basheer intervenes in ‘epic’ SC Novartis case, ‘first time in 60 years’

NUJS Kolkata professor Shamnad Basheer, who is the HRD ministry’s chair professor for intellectual property, argued over two days in his first-of-its-kind academic intervention in the landmark Novartis-Glivec patent hearing in the Supreme Court.

Swiss drug maker Novartis had approached the SC in September when it was refused a patent for cancer drug Glivec which is sold by India’s generic drug makers to reportedly 1.2 billion Indians and to poorer nations across the world.

Basheer argued before justices Aftab Alam and Ranjana Desai that even though Novartis didn’t satisfy the test to patent Glivec, excessive pricing can also not be a ground to revoke a patent. [Spicy IP]

In August, pharma company Natco had filed for defamation against Basheer in the Delhi high court, claiming that its reputation was harmed by Basheer’s comments in his entry in SpicyIP on the company’s ongoing legal battle.

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Like +5 Object -0 Diwakar 20 Nov 12, 16:10  interesting
Awesome - Well done!!
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Like +5 Object -0 Dutta 20 Nov 12, 16:51  interesting
Way to go Sir. Hopefully this is the first of many.
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Like +18 Object -1 Noojie 20 Nov 12, 19:30  interesting  top rated
It's great that Shamnad is doing what he is. But we all feel that he publicizes a bit much. Every little thing is circulated and mailed to people. Wish he focused his attention on teaching in class.
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Like +9 Object -0 Noojie 21 Nov 12, 20:51  interesting
Dear Noojie,

Being a Noojie you should know he is a govt. appointed Chair Professor. The seat of the Chair is in NUJS. His obligations do not include teaching in class!

Fellow Noojie.
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Like +1 Object -0 J low.. 09 Dec 12, 06:54
a first time intervention by a professor in leading case (if the news is correct) is very very worthy of publication. and we must take pride in this fact. this is no "little" thing. the only thing "little" is your petty jealous mind.
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Like +11 Object -0 Cynic 20 Nov 12, 19:34  interesting
Why does this post say "successful"?? The case has not been decided yet and it is possible that his contentions will be rejected.
"I’m glad to report that the bench, consisting of Justice Alam & Justice Desai, gave Shamnad a patient and receptive hearing in his role": is getting a patient and receptive hearing success in a case?? Come on, Spicy IP. Lose the sycophancy.
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Like +10 Object -0 Optimist 21 Nov 12, 20:55  interesting
Hey, it says the intervention was successful. Thats a fact! Most interventions are rejected by Courts.
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Like +7 Object -1 Legally Young 20 Nov 12, 21:44  interesting
I agree with #3 and #4. Everything these guys do is exaggerated by SpicyIP. Don't know how these guys take time out of their real job for all this!
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Like +9 Object -0 Stunned 21 Nov 12, 20:58  interesting
Ughh, seriously? What do you do young fellow?... except for being a critic.
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Like +10 Object -0 ipenthu 21 Nov 12, 00:43  interesting
Prof Basheer is chaired professor. Aren't chairs supposed to engage more with research and policy? I believe he's on unpaid leave now from NUJS...and is doing all this cool stuff. High time we encouraged this..and not let jealousy get the better of us!!!
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Like +10 Object -0 Optimist 21 Nov 12, 21:00  interesting
Absolutely. Im surprised. When the same happens in the western world, they are called the best academic in the world. When someone is trying to develop Indian law, he is met with criticism and jealousy. Shame.
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Like +12 Object -1 Idle Worship 21 Nov 12, 13:27  interesting
Completely agree with Noojie and the others finally coming out to criticise Prof Basheer. Prof Basheer demands transparency from others. Would he please disclose how many class hours he took while at NUJS? Surely, if you hold a salaried faculty position you are expected to take classes? I think there are similarities between Prof Basheer and certain people in the Anna Hazare movement. What people have a problem with is his tendency to hog attention and use the media for every little thing he does. Just like there are many NGOs who fight against corruption without fanfare and media attention, there are other people working towards legal reforms quietly and in a dedicated manner. How often does LI focus on them compared to Prof Basheer? I also feel Lawrence Liang does not get due coverage from LI. Unlike Prof Basheer, he never drew a salary from a big law firm or the government and was always involved with activism in the true sense. How many times has LI highlighted the stellar work that ALF does?
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Like +11 Object -0 Not so idle 21 Nov 12, 19:36  interesting
Prof S Basheer holds a research chair. The focus of the chair is on research and policy; not on teaching. NUJS does not even pay his salary-it comes from MHRD and his main duty is to research and give policy advise the government. He still offers a course once a year-i've been a student and he is an incredible teacher..energetic, passionate and forcing us to think out of the box. I really wish he taught more.
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Like +11 Object -0 NLSIU 21 Nov 12, 20:58  interesting
Why stop with Lawrence Liang and Shamnad Basheer? What about all the other pioneers who are from NLSIU - the Bar Exam people, the entire backroom bunch in the 377 case, all the top partners in all the law firms, all the dynamic young teachers in many of the colleges, and all the senior, not the senior counsel....but you get what I mean.
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Like +6 Object -0 @Idle worship 21 Nov 12, 21:04  interesting
You worship idleness? Please grow up and dont talk without knowing fully what you are talking about.
How on earth can you compare Apples with Oranges?!
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Like +6 Object -0 rockon 21 Nov 12, 15:00  interesting
Two things:
1. let us appreciate Shamnad's efforts. Trust me guys its very difficult to get non-technical guys understand this stuff. was in court hearing case of Mars and Swiss against UOI. It was hilarious, Petitioner's lawyer (a lady senior advocate known for creating huge hue and cry) was having difficulty in pronouncing the technical names and read the stuff and judges were yawning and opposite side layer s. ganesh was the only one who could understand anything at all. So Shamnad must have drilled something to all sides. Kudos!
2. Shamnad were u AC or intervener. If AC then court needed u and if intervener u were just harping about urself.
3. finally, i trust this guy wouldn't deviate from his basic job i.e
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Like +0 Object -0 S 21 Nov 12, 15:56
@ Rockon, you do put relevant points and hence I thought of actually putting a reply to you.
Shamnad was not an amicus, but an intervenor. This fact comes out if you download his 'submissions' file that are available on the SpicyIP site.
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Like +9 Object -0 the J factor 21 Nov 12, 18:35  interesting
so did shamnad send this story to LI? or did LI take it from spicyip? it looks like the latter....and surely, if its true that this is the first such academic intervention in the SC, then its worth reporting no? why blame shamnad? if other legal pioneers need to be covered, so be it. but why cast aspersions on the good professor for going beyond the call of duty to contribute to legal development? Jealous colours us all sadly!
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Like +3 Object -0 D 22 Nov 12, 11:46
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Like +1 Object -0 The Truth 24 Nov 12, 22:12
All you Shamnad fans, you don't get an MHRD Chair without the backing of an NLU. In Shamnad's case, MP Singh backed him even though he did not have a PhD. MP Singh allowed him to work on his PhD thesis while at NUJS. I feel Shamnad should have taken classes as a way to repay the favour. It is not that hard to teach undergrads and the students would have benefitted. Instead the task was entrusted to a far inferior teacher.
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Like +3 Object -0 better truth 25 Nov 12, 09:43
woo hoo!...the chairs are a favour to the NLU's..not the other way around! Why don't you go and look at how many chairs really function...will give some idea on why people like Basheer need to be appreciated!

I don't know the deal between Professor Singh and Basheer...but having some knowledge of the chairs, I can tell you that the main purpose is to increase research and policy..
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Like +2 Object -0 noojie 25 Nov 12, 09:49
[...] is not an inferior teacher! he is one of the best. So go get your facts right first!
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Like +0 Object -0 @The Truth 25 Nov 12, 15:23
Better Truth is right. and here is the ultimate truth. you are simply an ignorant person, filled with jealousy and contempt. instead of wasting your time in here, just try and do something constructive.
Also even though he is not obligated to teach, he has taught once almost every year. So i dont know what trash you keep talking about.
and about PhD... first find out what it takes to be a Chair Professor. Then say something blabbermouth.
Even Justice Ruma Pal wasnt a PhD but the govt. appointed her as head of Human Rights Chair in NUJS. Are you saying that is also MP Singh's charisma?
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Like +3 Object -0 something missing 25 Nov 12, 10:31
Clearly, I'm missing something in all of this. Wasn't this article about a key development in the Indian legal space, namely an academic intervention in a high profile IP case for the first time. Should we not appreciate this development? This is the problem with our dear country. Never appreciate the good--always point to the bad. Whether Prof Basheer teaches or not depends on the terms of contract between him and his University. Research chairs are generally meant to focus on research. And if the Ministry of HRD is directly paying his salary and bearing all his expenses and that of the chair, then what claim does the University have on him? Is he not more answerable to the Ministry?
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Like +3 Object -0 anonymous 25 Nov 12, 20:28
Friends: I am highly amused by all this tamasha. But let me first ask: why does LI encourage these gossipy trash comments? The matter is about an academic intervention which allegedly is the first and not about Shamnad's contract with NUJS. We need to celebrate this new legal development, unless we think all academics are potheads and should stay away from courts! I had a friend who was there on both days that Shamnad argued. I was told that while he was brilliant on day one, he was not so dazzling on day 2. The judge appeared to be impatient and was rushing him and even forcing him to comment on facts which he refused to do. Anyway, I just read his written submissions on SpicyIP and they are quite persuasive and well balanced. I'd love to see some comments on the merits or otherwise of these submissions by those who know the subject. Sadly, I have not seen any such commentary either here or on SpicyIP. Speaks volumes about the calibre of the audience that both these websites boast of!
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