[Ip-health] DNA: Empty Allegations

[James Packard Love]

On Feb 25, 2007, at 1:27 PM, Achal Prabhala wrote:

> http://dnaindia.com/report.asp?NewsID=3D1081968
>
> Empty allegations, Sunday, February 25, 2007  20:32 IST
> Shamnad Basheer
>
> The author is Visiting Associate Professor of Intellectual Property
> Law at the George Washington University Law School.

   I don't think there is any law school in the United States that
has been more engaged in pharmaceutical industry lobbying focused on
the India patent law.   In addition to Shamnad Basheer, is the work
of my friend Martin Adelman, who the Director of the IP Program at
the George Washington University Law School,  a pharma industry
advisor, and the founder of the "India Project."    Jamie


http://www.gwu.edu/~magazine/archive/2006_sept/docs/
feature_lawindia.html

Susan Karamanian
G W G O E S G L O B A L

GW Law School has established broad-based contacts and relationships
in India and, as anyone working on the "India Project" at the Law
School will tell you, it is only the beginning. Much of the work so
far has been based on issues of intellectual property law and
international law, two areas of national prominence at the Law
School. These issues have arisen from the extraordinary growth in
India's expanding technological and financial sectors during the past
decade. As India, the world's largest democracy, has grappled with
the changes called for in its domestic legal system as well as its
international legal obligations, the India Project has launched a
major comparative law program of engagement and study.

The project addresses questions including: How should the Indian
legal system be best structured to enhance and support the innovative
skills of its talented and highly educated citizens? What changes in
the law and enforcement mechanisms does India need to make to meet
its obligations under Trip s, the Agreement on Trade-Related Aspects
of Intellectual Property Rights of the World Trade Organization?

(Cover) Raj Dave, LLM '03, of Morrison & Foerster (right), Sasha Rao
of Ropes & Gray (left), and other India Project delegation members
meet a Supreme Court advocate outside of the Indian Supreme Court.
(Above) Dean Frederick M. Lawrence and Judge Barbara Rothstein,
director of the U.S. Federal Judicial Center, outside the Indian
Supreme Court.

In 2003, GW Law faculty and alumni launched the India Project to
focus particularly on these issues and others related to IP in India.
The work of the India Project and the network of relationships it has
forged among Indian lawyers, judges, business leaders, and academics
and their counterparts from the United States and other parts of the
world has paved the way for the next step, a major interdisciplinary
India Studies Center. Not one to rest on the Law School's remarkable
and unique success in India, Dean Frederick M. Lawrence says the Law
School will continue to build ties in India through a new legal
education center. The India Studies Center, to be launched shortly,
will focus on a range of issues relevant to U.S.-Indian legal
relations beyond IP, including labor law, government procurement,
environmental law, corporate law, and constitutional law. In addition
to strengthening GW Law's reputation as a leader in international and
comparative legal studies, the center is expected to contribute
significantly to comparative scholarship of relevance to all aspects
of the respective societies, ranging from business endeavors to
individual rights to national security matters.

"The India Project already has enabled us to develop the most
important comparative law project in the field of intellectual
property among the United States, Europe, and India. We hope to build
on this project and create an India Studies Center at the Law School
that would become the focal point for comparative American-Indian law
studies in the United States," Lawrence says. The center will be
modeled after the Law School's earlier successful work in India. For
the past three years, faculty members, alumni, and distinguished
members of the legal profession have collaborated with members of
industry, such as the Confederation of Indian Industries, the U.S.-
India Business Council, and officials from private corporations, to
sponsor conferences, which thus far have been held in New Delhi,
Mumbai, Kolkata, Bangalore, and Hyderabad. The conferences have
attracted scholars, judges, lawyers, business leaders, and government
officials from around the world. The dialogue has fostered better
understanding of the legal challenges India faces in light of rapid,
widespread growth in technological and creative fields.

[Randall Rader, JD '78, a judge with the U.S. Court of Appeals for
the Federal Circuit, presides over a moot court at the New Delhi
session of the 2006 India Project Conference.]

The India Project is in many ways the brainchild of Raj Dave, LLM
'03, a partner at Morrison & Foerster in Washington. Dave donated his
$5,000 Finnegan Prize, awarded for excellence in IP writing, to the
Law School. "I wanted to contribute to the Law School in a way that
would also give back to India," Dave says. Professor Martin Adelman,
co-director of the Law School's IP Law Program, and Susan Karamanian,
associate dean for international and comparative and legal studies,
have led the project with Dave by organizing delegations, attracting
the involvement of alumni and prominent legal experts, and welcoming
Indian scholars and diplomats to the Law School. Adelman says the
project's work is happening at a critical time in Indian legal
development. "In India our delegation meets with government
officials, educators, business leaders, and other legal scholars to
teach and discuss intellectual property protection issues. These
issues are of critical importance in India as modern India moves away
from its socialist roots to a capitalist-based economy that is now
one of the most important in the world," Adelman says.

In addition to conferences, India Project initiatives include a
training program on patent law for judges of the Indian High Courts
at the National Judicial Academy in Bhopal and meetings with high-
level Indian judges and policymakers such as Y.K. Sabharwal, chief
justice of the Indian Supreme Court. Kapil Sibal, Indian minister of
science and technology, visited GW Law in April.

Mock trials and moot courts, often attracting large audiences and
media coverage, are an element of the India Project conferences that
put education into action, as audience members serve as juries.
Response to these programs has been highly positive, says Randall
Rader, JD '78, a judge with the U.S. Court of Appeals for the Federal
Circuit, who has participated in the project since its inception.

"These demonstrations and programs have given the India Project and
GW Law a name as one of the leading intellectual forces in the IP
debates in India," Rader says. "I am honored and privileged to be
associated with such an important project with such potential to
improve education and legal administration in one of the world's most
important emerging markets." Dave says those involved with the India
Project have witnessed "direct, amazing changes" in Indian education
and law during the past three years, and that the initiatives have
strengthened U.S.-India relations. Plans are already under way for
activities in Mumbai and Bangalore in January of 2007. "In the
future, we hope to help India create more =91manpower' in the form of
well-trained patent attorneys and stronger law schools that will
educate IP lawyers. We also want to use education to strengthen
enforcement of patent laws; enforcement is almost nonexistent now,"
Dave says. "We also want to continue training at the judicial level."

Building on this foundation, the Law School announced in Bangalore in
January of 2006 an agreement with one of the world's elite technology
universities, the Indian Institute of Technology-Kharagpur, to help
develop the new Rajiv Gandhi School of Intellectual Property Law in
Kharagpur, India. The Rajiv Gandhi law school will be the first
intellectual property law school in India, and GW is the first
American law school to co-sponsor an Indian law school. While
offering the LLB degree (the JD equivalent), the Rajiv Gandhi law
school will focus on preparing Indian lawyers to manage and take
advantage of change, combining modern classroom technology and
innovative teaching methods to provide lawyers with the skills to
handle sophisticated legal matters pertaining to complex commercial
transactions and cases. GW Law faculty members and administrative
resources are helping the Rajiv Gandhi School in curriculum
development, teaching methods, co-curricular activities, library
materials, and the like. The relationship affords faculty members
from both schools the opportunity to collaborate in all specialty
areas, engage in comparative scholarship, and most importantly, to
learn from each other.

The new India Studies Center will strengthen the role of GW Law in
India and broaden its reach as more members of the GW community and
those beyond it, whether in India, the United States, or other parts
of the world, get involved in a variety of fields. This exciting,
path-breaking work is just one way GW Law remains ahead of the curve
and sets the standard for excellence in IP law and international and
comparative law.

Judge Randall Rader, JD '78, Moushami Joshi, LLM '02, Raj Dave, LLM
'03, and Professor Martin Adelman during a break in the New Delhi
session in 2006. Associate Dean Susan Karamanian greets a scientist
accompanying the Confederation of Indian Industries delegation that
visited the Law School in the spring. They are joined by Indian
Minister of Science and Technology Kapil Sibal.

GW

claire duggan
susan karamanian

.....................

International Conference on IPR
30-31 January 2006
Hotel ITC Windsor Manor Sheraton, Bangalore, India
Day I : 30th January 2006
0900 =96 0930 Hrs Registration
0930 =96 1030 Hrs INAUGURAL SESSION
Welcome Address
Mr. Malvinder M Singh (confirmed)
Chairman, CII National Committee on IPR, R&D, Technology & Innovation
& President, Ranbaxy Laboratories Ltd
Introduction to INDIA PROJECT
Prof. Martin J. Adelman (confirmed)
Director of INDIA PROJECT, Director of IP Program at the George
Washington University Law School
Dr. Raj S. Dav=E9 (confirmed)
Manager, INDIA PROJECT of GWU Law School and Partner, Morrison &
Foerster
Keynote Address
Judge Randall R Rader (confirmed)
Court of Appeals of the Federal Circuit, U.S.A
Vote of Thanks
1030 =96 1045 Hrs Tea / Coffee Break
1045 =96 1200 Hrs SESSION I
Patent Harmonization & Benchmarking Patent Administration
systems =96 Global Perspective
Dr. R A Mashelkar*
Director General CSIR
Mr. Heinz Bardhele (confirmed)
Founder & Partner, Bardehle, Pagenberg, Dost, Altenburg and Geissler,
Germany
Joint Secretary*, DIPP, Ministry of Commerce & Industry, Govt. of India
Secretary =96 Industry* , Government of AP/Karnataka
Dr. Ashok Ganguly*
To be decided (TBD)
1200 =96 1330 Hrs SESSION II
An insight in IP Infringement =96 Perspectives of Judiciary
Patent, Trademark & copyright infringements
Judge Randall R Radar, Court of Appeals of the Federal Circuit, U.S.A
(confirmed)
Judge Barbara Rothstein, Director of the Federal Judicial Center
(confirmed)
Judge Ronald Whyte, Northern District of CA (confirmed)
1-2 Judges from India and Europe
1330 =96 1430 Hrs Lunch
1430 =96 1600 Hrs SESSION III
An Insight into IP Infringement =96 Perspectives of Industry
Patent, Trademark & copyright infringements
Mr. Greg Kalbaugh
Associate Director and Counsel for Intellectual Property, Trade and
Labor, U.S.-India Business Council (confirmed)
Additional Speakers - TBD
1600 =96 1630 Hrs Coffee Break
1630 =96 1800 Hrs SESSION IV
Role of IP in Industry-Academia Collaborative projects : case examples
Prof. Ananda Chakrabarty (confirmed)
University of Illinois
Prof. Martin J. Adelman (confirmed)
Manager and Director of INDIA PROJECT, the George Washington
University Law School
Dr. Padmanabhan Balaram*
IISc Bangalore
Director =96 IIT Madras/Bombay*
Day II : 31st January 2006
0930 =96 1100 Hrs SESSION V
IP Asset Management/IP Valuation
TBD
1100 =96 1130 Hrs Coffee Break
1130 =96 1300 Hrs SESSION VI
Licensing and Commercialization, Due Diligence
Indian speakers: Council for Scientific and Industrial Research*, Dr.
Reddy=92s*
Dr. Raj S. Dav=E9 (confirmed)
Manager, INDIA PROJECT of GWU Law School and Partner, Morrison &
Foerster
Dr. Heinz Goddar (confirmed)
Partner, Boehmert & Boehmert, Germany
Foreign speakers - TBD
1200 =96 1330 Hrs SESSION VII
Pharmaceutical & Biotech patents =96 India=92s position after the new IP
Regime
Prof. Ananda Chakrabarty (confirmed)
University of Illinois
Mr. George Heibel (confirmed)
Senior Patent Counsel, Ranbaxy
Dr. Swati Piramal*
Chief Scientific Officer & Director, Nicholas Piramal India Limited
Dr. Kiran Mazumdar Shaw*
Chairperson, Biocon India
1330 =96 1430 Hrs Lunch
1430 =96 1600 Hrs
SESSION VIII
Software & Business Method Patents
Indian speakers* =96 Infosys / TCS
Foreign speakers - TBD
1600 =96 1630 Hrs Tea / Coffee Break
1630 =96 1700 Hrs Concluding Session
* Potential Indian speakers
The schedule of the 2006 Delegation to India is as follows:
Wed - Jan 25th: Arrive into Delhi
Thurs - Jan 26th: Watch the Republic Day Parade - a gala pageantry -
in Delhi as VIP
guests
Fri - Jan 27th:
Option 1: Fly to Cochin (9W801 Delhi (DEL) 0635 Bangalore (BLR) 0910
then 9W3511
Bangalore (BLR) 1015 Kochi (COK) 1135); take a boat trip to lake
resort on
Kumarakoum Lake; see backwaters of Kerala
Option 2: Trip to Rajasthan
Option 3: Trip to Goa
Sat - Jan 28th: After lunch, visit a beautiful village home, see
Indian temples on the way, and return to Cochin by night; stay in Cochin
Sun - Jan 29th: Fly to Bangalore (Jet Airways 9W3512 Kochi (COK)
0830; arrive into Bangalore (BLR) 0945); moot court after lunch.
Mon - Jan 30th: 1st day of two-day IP Conference in Bangalore; Visit
to Mysore; visit the Maharaja's palace, etc.
Tues - Jan 31st: 2nd day of two-day IP Conference in Bangalore; Visit
to Mysore; visit the Maharaja's palace, etc.
Wed - Feb 1st: Fly Hyderabad (9W3523 Bangalore (BLR) 0630 Hyderabad
(HYD) 0800); One day IP conference organized by National Law School
Thurs - Feb 2nd: Fly to Mumbai and then to Bhopal (9W458 Hyderabad
(HYD) 1000 Mumbai (BOM) 1115; 9W3105 Mumbai (BOM) 1720 Bhopal (BHO)
1930); press
conference at a Mumbai airport hotel.
Fri, Feb 3rd to Sun Feb 5th: Events at National Judicial Academy, Bhopal

----------------------------------------------
James Packard Love
Knowledge Ecology International
http://www.keionline.org
james.love@keionline.org
Washington, DC +1.202.332.2670

"If everyone thinks the same: No one thinks." Bill Walton"