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Prof. (Dr.) Vishwas H. Devaiah

Prof. (Dr.) Vishwas H. Devaiah

Ph.D., University of Liverpool (UK)

LL.M., University of Warwick (UK)

B.A.L. LL.B., University Law College, Bangalore (India)

Vishwas H. Devaiah is a Professor of law at BITS Law School and has previously served as a professor at Jindal Global Law School and also served as Vice Dean (April 2020- July 2022) &; Director of the Centre for Post-Graduate Legal Studies at JGLS. He is currently the Executive Director of CIPTEL &; Co-Director, of Jindal Initiative on Research in IP and Competition (JIRICO). He has also served as the Managing Editor of the Jindal Global Law Review (JGLR) published by Springer (2015-2020). As a member of JIRICO, Vishwas and his colleagues have been recipients of a $2.1 million Research Grant from a US-based multinational corporation. As a member of the Centre for Research in Medicines, Law and Bioethics (CMLAB), he and his colleagues have been recipients of a $125,000 Research Grant from the Thakur Foundation, USA.

Vishwas’ primary areas of interest are Music and Copyright, Artificial Intelligence, Law and Ethics, Standard Essential Patents and Competition Law, Intersection of Health Law, Bioethics and New Medical Technologies.

He has published widely and has served as a reviewer for the Asian Comparative Law Journal, the NUJS Law Review and the Indian Journal of Medical Ethics. Vishwas worked as a research consultant for the World Health Organisation (WHO, South Asia) and the Clinton Health Action Initiative. Vishwas co-founded the Initiative for Medicines Access and Knowledge (I-MAK), New York.

Vishwas was selected for the Microsoft IP Teaching Fellowship at the University of Washington, Seattle. He has received several research scholarships like the IMLAB scholarship, the Open Society Scholarship and the Asia Commons Grant.

Vishwas obtained a PhD from the University of Liverpool, an LLM degree from Warwick University, and a Bachelor of Laws (B.A.L., L.L.B.) degree from University Law College, Bangalore. His PhD research was on the regulation of human embryonic stem cell research, titled ‘Protecting egg donors and patients in human embryonic stem cell research: A critical analysis of the current and proposed regulation in India.’

Publications

Books:

  • Ashish Bharadwaj, Vishwas H. Devaiah and Indranath Gupta, Locating Legal Certainty in Patent Licensing, Springer, (2022) (open access)

  • Indranath Gupta, Manveen Singh & Vishwas H Devaiah (eds) Handbook on Originality in Copyright: Cases and Materials (Springer, 2023) (forthcoming)

  • Mathew John, Vishwas H Devaiah, Pritam Baruah, Moiz Tundawala, Niraj Kumar (eds), Indian Year Book of Comparative Law 2020 (Springer 2023). (forthcoming)

  • Prabuddha Ganguli, Vishwas H Devaiah, Indranath Gupta & Jagadish Sagar, Copyright Guide for Indian Libraries (Ministry of Education, Government of India and National Digital Library of India 2021)

  • Mathew John, Vishwas H. Devaiah, Pritam Baruah, Moiz Tundawala, Niraj Kumar, Indian Yearbook of Comparative Law, Springer (2021)

  • Ashish Bharadwaj, Vishwas H. Devaiah and Indranath Gupta, Multidimensional Approaches Towards New Technology: Insights on Innovation, Patents and Competition (eds.), (Springer, 2018)

  • Ashish Bharadwaj, Vishwas H. Devaiah and Indranath Gupta, Complications and Quandaries in the ICT Sector: SEPs and Competition Issues (eds.), Springer, 2017 (open access)

Book Chapters:

  • Indranath Gupta, Vishwas H. Devaiah, Dipesh A. Jain & Vishal Shrivastava, “Evolving Huawei Framework: SEPs and Grant of Injunction.” in Multi-dimensional Approaches Towards New Technology Insights on Innovation, Patents and Competition, (Springer, 2018)

  • Indranath Gupta, Vishwas Devaiah and Dipesh Jain, “CCI’s Investigation of Abuse of Dominance: Adjudicatory Traits in Prima Facie Opinion” in Complications and Quandaries in the ICT Sector: Standard Essential Patents and Competitions Issues (Ashish Bharadwaj, Vishwas H. Devaiah & Indranath Gupta (eds.)

  • Vishwas H Devaiah, ‘TRIPS Flexibilities: A Critical Review’ in Manish Ashiya (ed) TRIPS and Global Pharmaceutical Industry: Perspectives and Implications (Hyderabad: ICFAI University Press, 2006)

Journal Articles and Other Publications:

  • Manveen Singh & Vishwas H. Devaiah, SEP Licensing in the Automotive Sector: Shifting Gears too Quickly? Journal of Intellectual Property Law and Practice, (2023) (OUP) (Accepted, forthcoming)

  • Vishwas H. Devaiah, The need for healthcare reforms: Is no-fault liability the solution to medical malpractice? Asian Bioethics Review Journal, Springer Nature, Singapore 2019

  • Indranath Gupta, Vishwas H. Devaiah, Dipesh A. Jain & Vishal Shrivastava, Trends in Prelicensing Negotiations of Standard Essential Patents, the Journal of World Intellectual Property, Volume 22, Issue 3-4,Pages 120-128, 14 March 2019 (Wiley)

  • Indranath Gupta, Vishwas H. Devaiah & Shruti Bhushan, Shifting Focus on Hold-Out Situations in SEP Licensing: Perspectives from EU, US and India, Journal of Intellectual Property Law and Practice, Volume 14, Issue 1, Pages 12-17, Oxford University Press (UK) 2018

  • Indranath Gupta & Vishwas H. Devaiah, CJEU decides on private copying levy on detachable memory cards, Journal of Intellectual Property Law and Practice, Volume 11, Issue 6, Oxford University Press (UK) 2016

  • Indranath Gupta & Vishwas H. Devaiah, The Database Directive “contracting out” bar: does it apply to unprotected databases? Journal of Intellectual Property Law & Practice, Volume 10, Issue 9, Oxford University Press (UK) 2015

  • Vishwas H. Devaiah, Impact of Bioethics on Patentability of Inventions, Indian Journal of Bioethics, Volume 7(1):14-17, 2010

  • Saptarshi Ghosh and Vishwas H. Devaiah, Critical Discussion of the Disinvestment/ Privatization Process in India Since the Start of the Economic Reforms in 1991, Journal of Asian Public Policy, Volume 2:2, 222-231, Aug 2009

  • Vishwas H. Devaiah, Guangdong Guidelines on Standard Essential Patents: An Attempt to Strike Balance Between SEP Holders and Implementers, JIRICO Brief, July 2018

  • Vishwas H. Devaiah & Indranath Gupta, European Commission’s Approach to Developing a Framework to Resolve SEP Related Issues in IoT publication, JIRICO Brief, July 2018

  • Indranath Gupta, Vishwas H. Devaiah, Issues preceding CCI investigation of abuse of dominance in SEP cases: Its relevancy at the stage of initiating investigation against SEP holders, IP² Working Paper No. 17002, Hoover IP2, Stanford University, January 11, 2017

  • Tahir Amin, Vishwas H. Devaiah, Priti Radhakrishnan & Michael Steffen,“ The Impact of Article 39.3 in India: A Practical Perspective ” (New York: Institute for International Law and Justice, South Asia Dialogue Series, 2006)

  • Vishwas H. Devaiah, “A question of origin: What’s in Champagne that ain’t in Basmati?” Infochange: Trade and Development, May 2004

  • Vishwas H. Devaiah, “TRIPS, Patents and Public Policy: A pot of Gold and a Tale of woes!” Infochange: Trade and Development, May 2004

  • Vishwas H. Devaiah, “TRIPS: A Tale of the Shrinking Ocean called &Public domain (An El Nino in the info age)” Infochange: Trade and Development, May 2004

  • Vishwas H. Devaiah, “TRIPS, Indigenous Knowledge and the Bio-rush” Infochange: Trade and Development, May 2004