Full Description
This book brings together leading scholars from South Asia and beyond to examine the development of intellectual property (IP) law within the national legal systems in South Asia.
It is the first comprehensive effort to consolidate the region's IP practices and narratives within a single edited volume. Highlighting diverse approaches in countries such as India, Pakistan, Sri Lanka, Nepal, Bangladesh, and Afghanistan, the book embraces local legal ethos and promotes comparative studies at regional and international levels.
Structured in three parts, Part 1 addresses IP through development and social justice lenses, covering IP theory, geographical indications, technology transfer, and de-colonisation. Part 2 examines recent legislative and judicial developments across the region. Part 3 offers comparative insights with a focus on institutions, courts and practices.
Each contribution addresses innovative IP practices and emerging challenges in South Asia, offering a platform for further discussion among scholars, policymakers, and stakeholders.
Contents
Foreword, Dev Saif Gangjee (University of Oxford, UK)
1. Intellectual Property in (South) Asia: An Editor's Introduction, Pratyush Nath Upreti (Queen's University Belfast, UK).
Part I: Intellectual Property, History and Development
2. Intellectual Property and Social Justice: Remembering the Contribution of Professor Shamnad Basheer, Swaraj Paul Barooah (SPICY IP, India)
3. The Enduring Enigma of Novartis v Union of India: The 3D (Third Dimension) of Indian IP Values? Yogesh Pai and Virender Chandel (National Law University Delhi, India)
4. The Indian Patent Office 1911-50: Colonised as Administrator of Technology Transfer, Shubha Ghosh (Syracuse University, USA)
5. Geographical Indications for Sustainable Development in South Asia: Developing a Decolonial Approach, Devanshi Saxena (University of Antwerp, Belgium)
6. Intellectual Property for Inclusive Development Through Subnational Variations, Pratyush Nath Upreti and Niharika Salar (Queen's University Belfast, UK)
Part II: Intellectual Property Developments in South Asia
7. Shaping an Intellectual Property Regime for Sri Lanka: From the Decorative to the Functional, Naazima Kamardeen (University of Colombo, Sri Lanka).
8. Striking the Balance: Adapting Indian Copyright Law for GenAI and Beyond, Arul George Scaria and Varsha Jhavar (National Law School of India University)
9. Empirical and Normative Assessment of Trademark Litigation in Nepal, Pratyush Nath Upreti (Queen's University Belfast, UK)
10. Welfare Implications of TRIPS-Compliant Patent Legislation in Pakistan: Public Health and Sustainable Development Goals, Muhammad Zaheer Abbas (Queensland University of Technology, Australia) Aziz ur Rehman (Quaid-i-Azam University, Pakistan) and Muhammad Mubeen (Green International University, Pakistan)
11. Afghanistan's Compliance with TRIPS Agreement: Challenges, Progress and Implications, Awal Khan Ahmadzai (Science Academy of Afghanistan, Kabul)
Part III: Institutions, Courts and Practices
12. Patenting Inventions in Bangladesh: Compatibility with TRIPS and South Asian Practices, Mohammad Towhidul Islam (University of Dhaka, Bangladesh) and Sadman Rizwan Apurbo (BRAC University, Bangladesh)
13. Copyright and Education: Fair Access to Learning Materials in South Asian Countries, Chamila Talagala (Charles Darwin University, Australia)
14. Sri Lanka's Urgent Call for a National Intellectual Property Policy: Insights and Lessons from Neighbouring Countries, Althaf Marsoof (Nanyang Technological University, Singapore)
15. The Position of Women in the Field of Intellectual Property Rights: South Asian Perspectives, Gargi Chakrabarti (Dharmashastra National Law University Jabalpur, India)
16. Intellectual Property Teaching in South Asia: History, Politics and Knowledge, Lokesh Vyas (Sciences Po Law School, France)
