Shubha Ghosh

Vilas Research Fellow & George Young Bascom Professor in Business Law; Associate Director, INSITE


BA, Amherst College
MA, PhD (economics), The University of Michigan
JD, with distinction, Stanford Law School

Teaching Areas:
Intellectual Property
International Intellectual Property
International Law
International Law: Business Transactions
Law & Economics
Law and Entrepreneurship
Law and Science
Law and Social Science
Patent Law
Unfair Trade Practices

Recently Taught Courses
752 Copyright Law
753 Intro to Intellectual Property
815 Appellate Advocacy (other moot court: IPSO)
815 Appellate Advocacy II (other moot court: IPSO: Giles Rich)
953 SP Business Orgs: Transactional IP

Research Interests:
Intellectual Property as Competition Policy
Intellectual Property as Foundation for Global Commons
Intersection of legal and social institutions
Social and Legal Construction of the Marketplace



Keynote speaker, Conference on Intellectual Property and Global Health, John Marshall Law School, November 8, 2013.

Wrote research report "The Implementation of Exhaustion Policies: Lessons from National Experiences," for ICTSD, Geneva, Switzerland.

Wrote paper for Minnesota symposium on the Supreme Court decision in FTC v Actavis (2013).

Interviewed on Wisconsin Eye regarding Megaupload and cyberlocker sites: 

Appointed as Vice Chair for Committee University IP, ABA Section of Intellectual Property

Organized panel on Margaret Jane Radin's Boilerplate (Harvard 2012) at Law & Society Annual Meeting, Boston, May 2013.

Presented and prepared paper for Working Group on Sage Handbook of Intellectual Property, University of Durham Law Faculty, June 2013.

Organized and moderated panel on Legal Education and Legal Reform in South Asia, AALS Annual Meeting, to be published in Journal of Legal Education.

Presented and published paper on Comparative Institutional Analysis, Wisconsin Law Review:



Professor Ghosh brings a national and international reputation and over sixteen years of academic experience to University of Wisconsin, where he is Vilas Research Fellow & Professor of Law and George Young Bascom Pofessor of Business Law.   He has authored numerous scholarly articles and book chapters as well as several books in the fields of intellectual property, competition law and policy, international law, and legal theory.   His scholarship is among the most cited of the law school faculty. He is a member of the American Law Institute (ALI), American Antitrust Institute (AAI), American Intellectual Property Law Association (AIPLA), International Association for Advancement in Teaching and Research in Intellectual Property (ATRIP), past chair and co-founder of the AALS Section on Law & South Asian Studies, and member of the Executive Committee of the AALS Section on Internet and Computer Law.  He currently (2013) serves on a university committee reviewing UW System policy on copyright.  He also recently co-authored an amicus brief in support of Bowman in the case of Bowman v Monsanto, under review by the US Supreme Court.  He also spoke (via Skype) at the National Law School of Delhi on the Novartis decision of the Indian Supreme Court upholding the denial of an evergreened patent for a cancer drug. He is a member of the State Bar of California and of the United States Supreme Court Bar.

Professor Ghosh takes genuine teaching as seriously as he takes his research.  At UW, Professor Ghosh currently teaches Intellectual Property, Transactional Intellectual Property Seminar, and rotates among Patent, Copyright, and International Intellectual Property.  Professor Ghosh has taught the following courses:  Intellectual Property; Patent; Copyright; International Intellectual Property; Transactional Intellectual Property; Business Organizations; Antitrust; Law & Economics; and Torts.  He has held positions as a tenured full professor at SUNY-Buffalo Law School and SMU Dedman School of Law.   He is engaged as an active scholar and teacher and has also served as a consultant on several intellectual property and antitrust cases with national law firms, such as Weil, Gotschall & Manges; The Orrick Law Firm; Haynes & Boone; Bickel & Brewer; Caddell & Chapman.  Professor Ghosh has also worked with the World Intellectual Property Organization on the relationship between traditional knowledge and legal systems.  He has also provided legal commentary for SquawkBox, The New York Times, The Washington Post, The Wall Street Journal, Marketplace on NPR, Financial Times, and other media publications.

Professor Ghosh's publications include student-edited law reviews and peer-reviewed publications.  He has published in Illinois Law Review, AIPLA Law Journal (peer reviewed publication of the American Intellectual Property Law Association); King's College Law Review (peer reviewed publication by King's College, London); Queen Mary's Journal of Intellectual Property (peer reviewed publication by Queen Mary's University, London); International Review of Law and Economics (peer reviewed); UC Davis Law Review; Harvard Journal of Law and Technology; Case Western Reserve Law Review; Tulane Law Review; University of Pennsylvania Journal of International Business Law; Florida Law Review; Berkeley Journal of Law and Technology; Columbia Journal of Asian Law; Journal of the Copyright Society of the USA; San Diego Law Review; and other leading law reviews.  He has published books and book chapters with Thomson-West, Lexis-Nexis, and Cambridge University Press.  He has given invited lectures and seminar presentations at Stanford Law School, Oxford Intellectual Property Centre, Oxford Center for Internet Law, University of Edinburgh Faculty of Law, University of Toronto Faculty of Law, National Law School of India University in Bangalore, NALSAR (Hyderabad),  Boston University Law School, University of Dayton Law School, Emory Law School, Georgetown Law Center, University of Florida Law School, Yale Law School, Harvard Law School, University of St Thomas (Minneapolis) Law School, and other leading universities.

Professor Ghosh's book "Identity and Invention" (focusing on human genome patenting and personalized medicine) was published by Cambridge University Press in 2012. Here are links to talks on the book at Yale Law School, at Harvard Law School:, and at Stanford Law School

 He has been researching a second book project comparing copyright and patent law in colonial India with developments in ccopyright and patent law since Independence in 1947.  The book project is being considered for publication by Oxford University Press.   He is also completing an article on data commercialization and First Amendment in the United States after the  Supreme Court's 2011 decision in IMS v Sorrell, published by Utah Law Review. In the past two years, he has completed and published articles or book chapters on the First Sale Doctrine in intellectual property law; the intellectual property protection of performances and processes with application to videogaming; the Economic Espionage Act of 1996 and its effect on the global mobility of labor; a comparison of covenants not to compete in the United States and Germany; intergenerational equity and intellectual property policy; and transactional intellectual property.

Professor Ghosh is an author of numerous casebooks and teaching materials.  Here is a video of his discussing the 2nd Edition of Transactional Intellectual Property (Lexis-Nexis 2012):

Sample publications and working papers:


Sample Books:

Global Issues in Patent Law (Global Issues (West))Intellectual Property, Private Rights, the Public Interest, and the Regulation of Creative Activity, 2d (American Casebook)


Creativity, Law and Entrepreneurship (Elgar Law and Entrepreneurship)Understanding Knowledge as a Commons: From Theory to Practice


Acing Tort Law (Acing (Thomson West))Identity, Invention, and the Culture of Personalized Medicine Patenting

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