PROFESSOR Shamnad Basheer joined the National University of Juridical Sciences (NUJS), Kolkata, in November 2008 as the first Ministry of Human Resource Development Chaired Professor in Intellectual Property Law. Before this, he was 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 Centre (OIPRC).  He is the founder of several initiatives, including...

The Planning Commission drew flak when it calculated that if an urban person spent 28 per head every day and someone in rural areas spent 22, that was enough to consider them to be above the poverty line. These figures are based on consumption expenditure data collected in the 66th round of NSSO for 2009-10. From these new estimates, using the Tendulkar Committee methodology, the number of poor in 2009-10 was...

That this is the first time a compulsory licence has been granted in India is in itself important. INDIA'S long struggle to ensure access to affordable medicines for its people recently took a positive and interesting turn. In early March, just before he demitted office, Controller General of Patents P.H. Kurian passed an order on an application filed by Natco Pharma, headquartered in Hyderabad, requesting a licence to produce an anti-cancer...

NOVARTIS has long been suing the Government of India to eliminate or weaken Section 3(d) of the Patents (Amendment) Act, 2005, which established strict standards of patentability in order to prevent the ever-greening of patent monopolies on medicines. Although Novartis lost in 2007 its initial efforts to have Section 3(d) declared unconstitutional and violative of international norms for national patent regimes, it has persisted in appealing and re-appealing the denial...

Advocate Harish Salve told a Supreme Court constitution bench, which is thinking of framing guidelines for the reporting of court cases, that it was within the court’s powers to define the extent of freedom of speech and expression when it came in conflict with the right to life. Chief Justice S.H. Kapadia asked Salve on Wednesday: “If not guidelines, then what do we call them?” “This is a declaration of the law,”...