Super Lawyer

Category: Founder

  • I believe Corporate Commercial, Real Estate, Criminal and Estate law practices would continue to be rewarding in the future- Gaurav Singh Bhatti, Partner – Dhillon & Bhatti Lawyers Professional Corporation

    I believe Corporate Commercial, Real Estate, Criminal and Estate law practices would continue to be rewarding in the future- Gaurav Singh Bhatti, Partner – Dhillon & Bhatti Lawyers Professional Corporation

    This interview has been published by  Priyanka Karwa and The SuperLawyer Team

    Hi Gaurav! Before getting into the big details, can you tell us why you chose law as a career? Has it been a lingering childhood ambition?

    Since childhood I had a natural inclination towards law as both my parents are in the legal profession. I have always been motivated seeing their commitment towards law and administration of justice. Practice of law is such that in one matter a lawyer would be assisting clients in complex civil or transactional matters and in another matter a lawyer would be instrumental in protecting the lives and liberties of individuals. I am of the belief that as lawyers we can make a positive impact in our society at large and this motivated me to pursue a career in law.   

    Can you throw light on your practice pertaining to Commercial and Residential Real Estate transactions and Corporate-Commercial Practice?

    Our Real Estate practice revolves around acting on behalf of clients in acquisitions of land, developmental projects, commercial properties, multi-unit and single-family dwelling units. We also represent clients in institutional and private financing transactions.

    As a part of our Corporate-Commercial practice, we assist our corporate clients in the acquisition and disposition of shares/ assets, franchise agreements and business purchases. We also advise health care providers on matters ranging from acquisition of existing medial practices, incorporations, partnership agreements and regulatory and licensing matters.

    As we grow, we are also expanding our practice areas to include Immigration Law specific matters as well.

    Many budding law graduates intend to pursue LLM abroad. Can you describe your journey from Army Institute of Law (Affiliated to Punjabi University) to Osgoode Hall Law School, Toronto. What motivated you to pursue your LLM in Canada?

    During my time at law school, more and more law graduates began to pursue higher education abroad. With most of my internships and past experiences centered around litigation and adversarial system of law in India, the premise of gaining experience on how law is practiced in foreign jurisdictions seemed exciting to me. When I did my research, I was intrigued to learn how pursuing Masters at reputed universities would enable candidates to learn how law is practiced and applied in foreign jurisdictions.

    With that in mind, I applied to two Canadian Universities. I received an offer from Osgoode Hall Law School (York University, Toronto), which is the second oldest law school in Canada and because of the stimulating academic environment and diverse course offerings of the graduate program, Osgoode had always been my first preference.

    How did your education and internship experiences in India play a role in shaping your career as a lawyer now in Canada?

    During law school, I interned at the Punjab & Haryana High Court and District Courts to learn how litigation practices are managed. I also interned at a tier-1 law firm in Delhi in their General Corporate practice to get an insight on how legal support services are provided to corporate clients. I believe experience in both litigation and corporate setup is essential to ascertain one’s true calling in law.

    These days most of the premier law institutions abroad prefer candidates with prior work experience for admissions to graduate program. When I applied, it was not the norm but candidates with prior experience were preferred. My family and faculty at Army Institute of Law encouraged me to take a leap of faith and apply. In my statement of purpose to the foreign universities, I explained how my internship experiences enhanced my understanding and application of law in theory and in practice.

    Can you give our readers a glimpse of your experiences as an Articling Law Student at Mississauga?

    In Ontario, the Law Society mandates that prior to being admitted as a Barrister & Solicitor, licensing candidates need to work under the supervision of a lawyer for around 10 months (articling) or complete a law practice program. I articled at a boutique law firm in Mississauga focusing on Real Estate, Corporate and Immigration Law. During my time at the firm, I gained hands-on experience on how to manage files and develop a resolution-oriented approach.

    What do you think are best areas of practice for Indian law graduates seeking to establish themselves as lawyers and solicitors abroad?

    In most western countries, lawyers usually practice as specialists of one or two areas of law. General law practices are prevalent but not very common. I am of firm belief that one must choose an area of practice based on what they are passionate about. I believe Corporate Commercial, Real Estate, Criminal and Estate law practices would continue to be rewarding in the future.

    Can you describe how your normal work day would be like at Dhillon & Bhatti Lawyers Professional Corporation?

    Our firm is open on weekdays from 9 AM to 5:30 PM. We are a team of two lawyers with support staff. We usually start our day by attending to tasks that require immediate attention. Client meetings, appearances and important deadlines are marked in our digital calendar. I make it a point to go through my schedule for the next day one day in advance so that I am able to manage work seamlessly the next day. Depending on workload, sometimes we need to work on weekends and afterhours on weekdays. Most of our work has crucial deadlines and time is of the essence in corporate and real estate transactions. We usually host team lunches on Friday evenings to end the work week on a lighter note.

    What are the qualities and talents you would look out for in an intern or fresher you would recruit for Dhillon & Bhatti Lawyers Professional Corporation?

    I believe strong analytical skills and resolution-oriented approach is essential. Our clients are either billed hourly or a flat fee retainer is settled. In either case, time management skills are of value as lawyers usually work on multiple matters in a day.

    Can you share your advice and words of wisdom to young budding lawyers aiming to set up their legal careers across borders?

    Persistence is key and there’s no substitute to hard work. In our line of work, for continuing professional development, devoting time every week towards reading and keeping abreast with new developments in law is absolutely necessary. When it comes to practice of law, a healthy balance must be maintained when it comes to being empathetic and motivated towards the clients cause and a lawyers duty towards the courts in administration of justice.

    Get in touch with Gaurav Singh Bhatti-

  • Struggle is a constant phenomenon and there is no escaping it- Shreya Sircar, Partner at Luthra and Luthra Law Offices

    Struggle is a constant phenomenon and there is no escaping it- Shreya Sircar, Partner at Luthra and Luthra Law Offices

    This interview has been published by  Priyanka Karwa and The SuperLawyer Team

    To give this conversation a start, can you tell us about your background and how you became a multi-disciplinary dispute resolution practitioner and an experienced litigator?

    After my bachelor’s degree from Lady Shri Ram College, I pursued Law from Faculty of Law University of Delhi and master’s from New York University School of Law. I started my career with the Chamber of Ms. Geeta Luthra, Senior Advocate, and had the good fortune of working with the office of Mr. Lalit Bhasin, Amarchand Mangaldas Suresh A. Shroff & Co., SAM Co., and Bharucha & Partners. Presently, I am a dispute resolution practitioner and Partner at Luthra & Luthra Law Offices.

    About a decade & more ago, dispute resolution practice was more of a generalist stream where clients approached civil lawyers for any commercial dispute that needed resolution. As a corollary, being multi-disciplinary was the norm and less of a calculated choice. Specialized practice areas/verticals and boutique firms are a relatively recent phenomenon.

    As for your question of being an ‘experienced litigator’, a lawyer practicing dispute resolution, ought to be a litigator who can ably put forth the client’s case before Court and safeguard client’s best interests.

    What are some of the industries you have worked with, and how have you helped them navigate through regulatory and compliance matters?

    My industry experience includes infrastructure, construction, manufacturing, oil & natural gas, the rolling stock industry, engineering equipment, and hydropower projects, amongst others. I, along with my team assist clients to steer a mandate from start to finish. This involves advising and representing clients on all ancillary aspects including advisory, regulatory approvals, and on-going compliance matters. We adopt an integrated approach, working with multiple practice experts to identify the optimal strategy and structure for a client.

    You specialize in shareholder disputes and contractual claims. Could you please tell us more about the challenges of working on these types of cases, and how you overcome them?

    One of the challenges in handling shareholders or contractual disputes is to mitigate the risk of negative impact on performance, operation, and the business of the company. Occasionally, these disputes can also cause reputational loss, consequently, impacting its profitability and growth.

    I routinely advise clients to ensure that agreements are well drafted to narrow the scope for future disputes. Expressly written, unambiguous contractual clauses are essential to ensure that shareholder and contractual disputes are timely managed and effectively resolved, with minimal adverse effect on the business. The aim is to device strategies to prevent potential disputes while balancing shareholder interests.

    Another aspect to consider especially in shareholder disputes is to set out the mechanism for treatment of individual shares in case of a deadlock. This enables shareholders to offer to buy shares of another shareholder at a determined rate or sell shares to the other shareholders, thereby ensuring that conflicting shareholders exit the company without causing undue harm either to the shareholders’ or the company’s interest. 

    You have represented clients in various courts and tribunals, including quasi-judicial authorities and commissions. Can you share with us a particularly challenging case you worked on, and how you managed to achieve a favorable outcome?

    One of my most challenging cases has been the one that was easiest on facts and merits. While there were excellent supporting documents and what seemed like a straightforward case in our favour, took years and several rounds of litigation to conclude. This was primarily because we were opposing a party in person. Such cases become challenging as they are largely driven by emotions and less by logic, facts, and law. Be that as it may, ultimately court orders and outcomes of cases are premised on evidence and correct application of the extant law and that held us in good stead.

    What are some of the emerging trends in dispute resolution and arbitration that you think will shape the industry in the coming years?

    Use of technology and increased digitisation have permeated most aspects of life and dispute resolution is no exception to it. There are some developing trends even in dispute resolution, with one such trend being, electronic discovery of documents and records. With many businesses being conducted digitally, the process of collecting and reviewing digital data in litigation and arbitration has increased manifold. Our courts are also increasingly relying on technology such as video conferencing, e-filing systems, live streaming of cases etc., to improve efficiency and ensure greater accessibility to the legal system.

    More particularly, in consumer transactions and services, we have witnessed an increase in class actions. Groups of people with similar claims are increasingly joining hands to consolidate their bargaining power to initiate legal action against bigwigs.

    I have also noticed a shift in the volume of work that was previously outsourced to law firms, as opposed to how much is now being accomplished in-house. While there may have been a reduction in the quantum of work being outsourced, dispute resolution practitioners are now also being approached for their expertise in evolving strategies for pre-litigation risk mitigation & related advisory.

    Can you tell us about an experience that had an impact on your career as a lawyer?

    Every case has taught me something new, but this question particularly reminds of an incident in my initial days as a litigator. I was assisting my senior on a matter and during the hearing, I found myself miserably underprepared. After the hearing, I received a well-deserved dressing down from my senior. That episode was my first and last, at being unprepared for a matter. I have since then, been extra cautious at being prepared for a day in Court. I learnt that as a litigator, preparation is the key. While one may develop court craft and gain confidence over the years, one needs to know one’s files thoroughly, from day one.

    Could you please tell us about your future plans, and how do you see your practice evolving in the future?

    The plan is to keep working now, and in the future; try to tap into opportunities of good civil commercial work and strive to get better at it. That is career progression as I see it.

    Lastly, what would you like to say to all the legal professionals out there who are struggling in their initial years?

    Struggle is a constant phenomenon and there is no escaping it. Only the nature and magnitude of struggle change with each career milestone. That said, my two pence worth of advice to young professionals is to keep working hard with utmost integrity, and in these times of instant gratification, give oneself time to progress, because progress takes time. There is no instant switch to success, which term itself, is relative.

    Get in touch with Shreya Sircar-

  • Increasing awareness about IP rights is crucial because it helps individuals and businesses understand the value of their Intellectual Property and how to protect it- Omesh Puri, Partner, LEXORBIS

    Increasing awareness about IP rights is crucial because it helps individuals and businesses understand the value of their Intellectual Property and how to protect it- Omesh Puri, Partner, LEXORBIS

    This interview has been published by  Priyanka Karwa and The SuperLawyer Team

    Sir, to start this interview, please tell our audience about how did you come into the legal profession?

    In my final year of graduation in Commerce, I developed a keen interest in the legal field. My fascination with law began as I studied Company law, Tax and Banking Regulations during my graduation. During my time at Law School, I found myself particularly drawn to criminal law, tax and intellectual property law.

    After completing my studies, I began my career as a Criminal lawyer, focussing mainly on bail matters and appearing primarily before Patiala House Court and Delhi High Court. However, after two years in Criminal law, I was presented with an opportunity to work in the field of Intellectual Property Law, which also included Information Technology, Advertising, IP transactions, and Cross-border IP issues. This new direction allowed me to broaden my knowledge and skills in the legal profession, and I found it to be a fulfilling and challenging experience primarily due to my likeness for Intellectual Property.

    Can you tell us about your experience in representing clients before different IP offices and courts in India? What are some of the most challenging changes you’ve witnessed?

    Throughout my career, I have advised and represented clients on a wide range of intellectual property (IP) protection and enforcement issues. Over the past 14 years, I have observed significant changes in the way IP offices and courts operate. Today, clients are more actively involved, and businesses are increasingly aware of the importance of intangible assets. As a result, lawyers are expected to possess a deep understanding of how a particular business operates and what kind of support they require from outside Counsel. It is essential to stay up-to-date with the latest Case laws, especially in the field of Intellectual Property (IP), where disputes are rapidly evolving, and the interpretation of Law is becoming complex.

    To resolve disputes, new avenues are being explored, and the increased use of technology has been particularly helpful in improving the IP Ecosystem. As a result, IP owners now have greater trust in India’s IP protection and enforcement mechanisms.

    Lawyers are generally less receptive to technology, and I too struggled in accepting new technology during the early years of my practice. However, given the rapidly changing technological landscape, it has become increasingly important for lawyers to be well-versed in the latest technologies to provide the best possible services to clients. As a result, lawyers are now expected to be more technologically sound than before. At LexOrbis, we promote the use of technology among our lawyers/patent agents and paralegals to streamline their workload.

    You’ve worked with clients across a variety of industries, including pharmaceuticals, food and beverages, fashion, and automobiles. Are there any industry-specific challenges you face when it comes to protecting and enforcing IP rights?

    Each industry presents unique challenges when it comes to protecting and enforcing Intellectual Property (IP) rights. In the past, we had more clients from traditional businesses, but in recent years, we have seen an increase in clients from the more sophisticated technical and innovative sectors. Every day, new businesses emerge that require guidance from IP lawyers, and this is one of the most exciting aspects of the job – learning about innovative and unique products and services.

    Collaborating with various industries can expand your knowledge and perspective. For example my experience working with clients in the pharmaceutical industry has highlighted the importance of innovation and public health issues in regulated industries. Similarly, my work with clients in the food and beverage industry has taught me about the significance of branding and consumer trends. Through my involvement in the fashion industry, I have come to recognize the industry’s rapid pace and the constant demand for innovation. Similarly, my time working in the automobile industry has emphasized the significance of sustainability and technology.

    Overall, my work with clients across diverse industries has equipped me with a well-rounded perspective and adaptable problem-solving skills that can be applied to a wide range of business challenges. I believe that as lawyers, our first approach should be to understand our clients’ businesses and the disputes at hand, and then draw upon our experience to resolve them. It is essential to have a deep understanding of each industry’s specific needs to provide effective legal solutions that are in sync with the business requirements.

    In addition to your legal work, you’re also involved in IP rights awareness campaigns with government organizations. Why is it important to increase awareness about IP rights, and what are some of the most common misconceptions you’ve encountered?

    Increasing awareness about IP rights is crucial because it helps individuals and businesses understand the value of their Intellectual Property and how to protect it and in case of violation, what all actions can be taken. Many people have misconceptions about IP law, such as believing that everything can be freely used and shared on the internet or that copying someone else’s work is acceptable as long as it’s not for commercial purposes. These misconceptions are so rampant and therefore it’s crucial to educate the public about IP law.

    You’ve authored several articles on IP law and regularly speak on IP issues at various forums. Can you tell us about a recent development or trend in IP law that you find particularly interesting or impactful?

    Intellectual Property matters are constantly evolving, as businesses continue to develop and encounter fresh issues that require attention. An intriguing trend that has emerged recently is the increased demand for Intellectual Property protection in emerging markets such as the Metaverse, NFT, and Artificial Intelligence markets. The companies are confronting challenges in safeguarding and enforcing their intellectual property rights in these new sectors, and I believe that legal professionals specializing in Intellectual Property must broaden their focus in order to effectively protect their clients’ interests.

    Coming towards the end of this conversation, please give tell our audience about the most valuable lesson of your life.

    The most significant lesson that I’ve learned is to remain curious and to never stop learning like a child in the school. As a legal professional, it’s crucial to stay abreast with the latest developments in Law and Business since they are ever changing. I believe that ongoing expansion of my knowledge and skill set enables me to provide superior legal guidance to my clients and keeps me excited and involved in my job. It’s critical to keep up with recent Court decisions and intellectual Property Office practices. Additionally, I prioritize my interests outside of work as well, such as playing Cricket and riding motorcycle over the weekends.

    Get in touch with Omesh Puri-

  • Be true to what you do, even if you know that what you are doing is temporary- Padma Sinha, Group Head-Technology Law at Fox Mandal

    Be true to what you do, even if you know that what you are doing is temporary- Padma Sinha, Group Head-Technology Law at Fox Mandal

    This interview has been published by  Priyanka Karwa and The SuperLawyer Team

    Ma’am, in order to start this conversation, please let us know what motivated you to be in the legal profession? 

    Law is a dynamic story for me. I do not come from a family of lawyers but have always revered the profession as a justice-serving device. Fundamental values such as moral conviction and public good (even if that is an unpopular choice) always triggered me. Legal egalitarianism leading to social equality and defending civil rights always triggered me.

    Let’s say Atticus Finch motivated me to be in the legal profession.

    Kindly share your experience of studying LLM at the Queen Mary-university?

    I did my LLB in India in a very different teaching environment. When I started my LL.M, at Queen Mary, it came as a surprise- I mean, a pleasant surprise. The teaching methodology was absolutely distinct in ways I didn’t know existed- always highly interactive. A whole hour in each class would be spent discussing the topic of the day, exchange ideas peer-to-peer; so more often than not, after classes we all will be hanging out somewhere discussing and debating on the day’s topics.

    QMUL also gave me plethora of opportunities to write & edit magazines, participate in legal clinics, visit the UN in Geneva, attend insightful seminars, participate in election & Brexit campaigns and a huge lot of other things which I will treasure forever.

    I value my degree certificate a lot; But what I value more is the one year that opened my mind incredibly.    

    IT law professionals are rare in sight, so what motivated you to take up this very specific field of law? 

    Advancement in technology is inevitable. The pace at which technology is developing is unparalleled. I feel there is a need to ensure that the pace of advancement matches the legal safeguards. This is a non-traditional area of law which I see is burgeoning as new technologies emerge. I wanted to be a part of this- By understanding the new techs and thereafter being part of history creating the legal armour to protect ourselves from not only current issues on digital space but also much complex technology issues, yet to come, that may have profound impact on almost every aspect of our lives.

    How do you analyse the freedom of speech over the internet and the restrictions placed upon the same?

    Freedom of speech and expression is a guaranteed constitutional right and the fundamental premise of democracy. As it has been said, a democratic society stands fundamentally upon unfettered debate, discussion, and open dialogue, as it acts as the sole “corrective of government action” – that’s the genesis of any discussion on it.

    The digital era suddenly opened floodgates of information easily accessible to a large section of the society. The outreach of voices now transcended physical boundaries. It however brought with it new risks and challenges to democracy. Many authoritarian populism across the world used internet to propagate disinformation and hate speech. Problem is that people now do not only have different opinion, they have different facts. Like various sets of information to choose form and as per their convenience deem such information as ‘fact’ on the basis of which they form opinion. Therefore, deciding whether a particular speech is worthy of protection, or not, is a slippery slope.

    The ‘harm principle’ and the ‘offense principle’ are often designated as the guardians of social harmony. Our Constitution also provides for reasonable restrictions. But the irony however is with the judgement of what may form ‘reasonable’ – that has a changing face and sometimes an infectious ‘over-sensitivity’ syndrome, leading to dissident voices punished and the freedom curbed.

    The current IT Rules amendment on fact-check can be an example. With the power as this amendment provides to the government, the checks & balances provided by the media & civil society would be affected adversely. The answer therefore does not lie in government taking more control to censor unpalatable criticism. That’s dangerous for a democratic, civil society.

    Ma’am, please let us know what keeps you motivated to deliver the best in your field?

    Motivation comes in various ways. Amongst other things, I think working in a law firm gives you a diverse scope. Adding to it, technology law is a very dynamic area where there is always a new advancement that needs a legal explaining to the client. Honestly speaking there are always some areas where you need research, interpretation and brain-storming. This constant need to get answers and communicate so to the satisfaction of your clients- keeps me motivated. I feel very motivated each time I explain something to a client and they sound very convinced.

    What qualities do you think an IT law professional must possess?

    • Updated on trends in technology is a must
    • Understanding the client’s needs (including client’s products/ services)
    • Thereafter, legal risk assessment and managing them
    • Not just for IT law professionals, but generally drafting and communication skills are important.

    We would like to know more about the current role in the TMT legal team of Fox Mandal.

    I work as Group Head in the Technology team. My Role includes providing a wide range of advisory to clients in the technology space on data privacy, data breach and security, drafting, advising and negotiating various technology contracts.

    In order to wrap this conversation up, kindly provide us with the piece of advice you would like to give to all the budding legal professionals.

    • Be true to what you do, even if you know that what you are doing is temporary. Do not be impatient. I feel law is an area of learning for the rest of our lives. So be patient.  
    • Also, learning is a very important thing to do, as a legal professional, not just technology lawyer. It’s important to constantly un-learn and re-learn. Every person you interact with, in the profession, senior-junior-peer is our learning tool.

    Get in touch with Padma Sinha-

  • Participation in competitions and conferences enhances the networking among likeminded professionals- Krusch Pathippallil Antony, Partner, Arbitration at King Stubb & Kasiva, Advocates & Attorneys

    This interview has been published by Priyanka Karwa and The SuperLawyer Team

    What led you to pursue a career in law and alternative dispute resolution (ADR)?

    To be a part of justice delivery mechanism, and to uphold the constitution of India, I took law as a professional career. Peace-making efforts, and to build a global career, ADR is the best choice. Practising negotiation, mediation and arbitration, with the emergence of ODR is the path for professional advancement to me.

    Could you tell us about your educational background and how it has contributed to your career in law and ADR?

    I am a Law Graduate from Govt. Law College, Ernakulum, under the M.G. University, Kottayam, Kerala. Masters in Business Laws from NLSIU, Bangalore; and MA in Economics from GIPE, Pune. The mix of Economics and Commerce, as the base education, with further certifications in Arbitration / Mediation and Negotiations helped me to concentrate on commercial disputes and resolutions.

    You have been practicing law and ADR for over two decades. How has your experience evolved over the years?

    Over the years I gained more exposure in negotiations, conciliations, mediations and Arbitrations. The more exposures in Banking and Finance as a Corporate In-house counsel helped me to become a professional in Corporate Laws, Debt Counselling cum Mediations and Arbitrations.

    Could you explain your role as an Associate Arbitrator at the Chartered Institute of Arbitration (ACIArb), U.K? How has this position influenced your work in ADR?

    The association with CIArb helped to get sufficient exposure in International Arbitration, and more particularly as to writing of Arbitration Award. This helped me get enough confidence in handling Arbitrations, as a sole arbitrator, and ultimately to get branded as a dispute resolution practitioner.

    You are an accredited arbitrator and mediator at the Indian Institute of Arbitration and Mediation (IIAM). How has this accreditation impacted your career in ADR?

    The accreditation further helped me to get branded as a DISPUTE RESOLUTION EXPERT in the Indian ADR Market; and got associations with National Law Schools and Law Colleges, in various capacities like Guest Faculty, Judges for International Mediation , Negotiation and Arbitration competitions, conferences and symposiums e.t.c.,

    You have also been involved in several international law school competitions as a panel judge for arbitration and mediation. What motivated you to participate in these competitions, and what have been your experiences?

    Participation in competitions and conferences enhances the networking among likeminded professionals. Moreover, we understand the progress of the law and ADR through the young minds in law schools, and emerging practices in ODR & AI.

    As a partner at King Stubb & Kasiva, Advocates & Solicitors, you practice arbitration and litigation across three cities in India. What inspired you to establish this partnership, and how has it contributed to your work as a legal expert?

    Association with King Stubb & Kasiva, Advocates & Solicitors, opened the doors for practice of International and National Arbitration litigations of prominent corporates. Exposure through such association is unique and inspiring, and enhanced my legal expertise.

    You are a member of several ADR societies, including the Asian Institute of Alternative Dispute Resolutions (AIADR), Kuala Lumpur, and the Nani Palkhivala Arbitration Centre in Chennai. How have these societies contributed to your work in ADR?

    Association and membership with credible ADR institutions in India and abroad is crucial in developing ADR as a professional career, and I gained immense knowledge, information and networking through the same.

    You have completed several training courses in arbitration law and practice, including the Advanced Course on Arbitration & Mediation Procedure under WIPO Rules – WIPO Academy. How have these courses helped you grow as a legal expert in ADR?

    IPR and ADR is an emerging field with international scope in practice. WIPO Academy standards of ADR in the domain field of IPR is unique, and the ultimate course of global reputations; and further the course gives opportunity for international networking of IPR professionals and ADR Experts.

    Get in touch with-

  • It is very crucial for a lawyer to have a reasonable understanding of workings of court(s) of first instance, especially procedural law(s)- Satyam Thareja, Founding Partner, TNC, Advocate-on-Record at Supreme Court of India

    It is very crucial for a lawyer to have a reasonable understanding of workings of court(s) of first instance, especially procedural law(s)- Satyam Thareja, Founding Partner, TNC, Advocate-on-Record at Supreme Court of India

    This interview has been published by Priyanka Karwa and The SuperLawyer Team

    To start this conversation, please tell us about your decision to pursue law.

    I finished schooling in 2007, not so long after my father’s retirement from judicial service and right after enrolment of my brother with Bar Council of Delhi. I got to see both of them in invigorating discussions over nitty-gritties of law. This influenced me considerably in making my mind to pursue law. Also, I realised that graduation in law can be foundation for various vocations.

    Can you tell us about your experience as a Law-Clerk-cum-Research Assistant in Supreme Court of India? How did this experience shape your career in law?

    In 2012, few month before my graduation from National Law University, Jodhpur, I got the opportunity to intern with Retd. Justice Dalveer Bhandari, Former Judge of Supreme Court of India. This experience encouraged me to seek engagement as a Law Clerk-cum-Research Assistant. At that time, Supreme Court of India conducted interviews for selection to pool of graduates for post of Law Clerk-cum-Research Assistant. After I was selected, I got assigned to the office of Retd. Justice RM Lodha, Former Chief Justice of India. He was a very hard task-master and very disciplined. However, he was very kind to allow me to pursue LL.M. while working in his office. My experience as a Law Clerk-cum-Research Assistant enabled me to have a better understanding of jurisdictions of different court(s) and tribunal(s) as paper-book filed in Supreme Court of India are comprehensive vis-à-vis question of law / issue. After my term as Law Clerk-cum-Research Assistant got over, I got the opportunity to work as an associate in office of Mr. Sidharth Luthra, Senior Advocate & Former Addl. Solicitor General of India.

    What inspired you to start independent practice and focus on trial court work?

    I got to learn a great deal about working of superior courts in office of Mr. Sidharth Luthra, Senior Advocate. During my time at his office, I realised that when one is young in the profession, judges, senior members of bar & court staff accommodate & condone mistakes to enable a learning curve. However, similar treatment is not easily offered to someone who has some experience at the bar.

    Over the period of more than 7 years, since I have been independently practicing, I have made my own set of mistakes and I have learned from them. A large part of my learning curve, in trial court, is influenced by my stint as panel lawyer for Magisterial Courts with Delhi State Legal Services Authority and by rendering assistance to my father with his work.

    In my opinion, it is very crucial for a lawyer to have a reasonable understanding of workings of court(s) of first instance, especially procedural law(s). It also helps in having a better understanding of the legal issues while working in appellate courts.

    Would you share a cross-examination technique or approach?

    I do not think that art of cross-examination can be taught. It is developed organically by every lawyer through his / her own experiences.

    I have garnered some experience to identify certain crucial concepts. For example, I have seen many witnesses falling prey to confirmation bias. As a lawyer, while doing cross-examination, it is imperative to identify the potential confirmation bias in the testimony of witness and exploit it to raise doubts on credibility of testimony of the witness

    In 2020, you got enrolled in the Supreme Court of India as an Advocate-on-Record. Why did you choose to enrol since you focused on trial court work?

    While working in trial court, I got many indigent clients whose case had merit for them to be argued before superior courts. I could continue providing legal services in the High Court of Delhi but not in Supreme Court of India since I could not do filing there. I got enrolled as an Advocate-on-Record to become eligible to file and pursue such matters before the Supreme Court of India which, in my opinion, need consideration qua individual right of such litigant or have a larger impact.

    Can you tell us about a particularly challenging case you worked on and how you overcame the challenge?

    One of the challenging cases I got to work upon was a medico negligence case. I represented the interest of complainant who, who was otherwise suffering from a terminal / chronic illness, having been advised for a particular surgery, had undergone surgery which did not have a favourable outcome. The complainant chose to contest the matter before State Consumer Commission asserting medical negligence against the surgeon / doctor and the hospital. During the pendency of the matter, upon order of State Consumer Commission, an opinion of medical board from a reputed hospital was taken which recorded that there was no medical negligence. However, eventually, the State Consumer Commission declined jurisdiction as compensation sought was beyond its pecuniary jurisdiction.

    Thereafter, complainant approached me to pursue the matter before National Consumer Disputes Redressal Commission. Upon seeing the file, I advised the complainant to pursue the complaint before the National Consumer Disputes Redressal Commission on the grounds of lack of informed consent and deficiency in service as complainants’ consent form was a standardised pre-printed form. The National Consumer Disputes Redressal Commission, in its judgment, though dismissed the complaint but acknowledged that the usage of pre-printed forms for consent, by the hospital, was administrative arbitrariness and one-sided high handedness and imposed heavy cost on the hospital.

    You have also worked on notable cases such as Rajesh Tyagi v. Jaibir Singh, FAO No. 842 / 2003 before Hon’ble High Court of Delhi. Can you tell us about it?

    The Hon’ble High Court of Delhi in matter titled Rajesh Tyagi v. Jaibir Singh, FAO No. 842 / 2003, dealt with procedural issues faced by Motor Accident Claims Tribunal(s) having jurisdiction in Delhi. The Hon’ble High Court of Delhi directed for Modified Claims Tribunal Agreed Procedure to be followed by all Motor Accident Claims Tribunal(s) which are subordinate to Hon’ble High Court of Delhi and for filing of Detailed Accident Report by investigation agency before concerned Motor Accident Claims Tribunal. These directions have alleviated a large number of concerns faced by Motor Accident Claims Tribunal(s) such as irregular averments in claim petitions, delay in production of documents like proof of income, investigation documents, insurance documents etc., time consumed qua first appearance of parties etc. This has, consequently, resulted in reduction of time span between the date of incident / accident and passing of award.

    I got involved in this matter as an associate to Mr. Sidharth Luthra, Senior Advocate who was appointed as an Amicus Curiae. However, after lapse of some time, I got the opportunity to assist the Hon’ble High Court of Delhi in my own capacity.

    Get in touch with Satyam Thareja-

  • No dispute settlement mechanism is free from problems or misconceptions that surround them, and international commercial arbitration has not been immune from that- Tamal Mandal, Partner, Luthra and Luthra

    No dispute settlement mechanism is free from problems or misconceptions that surround them, and international commercial arbitration has not been immune from that- Tamal Mandal, Partner, Luthra and Luthra

    This interview has been published by Priyanka Karwa and The SuperLawyer Team

    To start this conversation, please tell us your motivation behind pursuing law.

    I am from that era when engineering or medicine were the preferred career choices. Hailing from Kharagpur, with the IIT KGP – a stone throw away – the expectation was that I would sit for the JEE. However, it was a chance discussion before the Class 12 board examination with a friend who wanted to pursue law as a career option that piqued my interest in the field.  

    From there, I started my internet research and mind you, at that time around 2004, there were only a handful of National Law Schools (five to be precise). I narrowed down on NUJS, Kolkata and NLSIU, Bangalore. As compared to now, there was not much information available online or offline regarding career options after graduating or even what to expect in the 5 years that I was going to devote in studying and hopefully enjoying my university life. Having decided to become a first-generation lawyer, I took the plunge and appeared for the NUJS entrance test in January 2004 and then the NLSIU test over the summer. To my surprise, I made it to NUJS and the result filtered in just prior to writing my final paper of the ISC (Class 12) board examination. There has been no turning back since then.

    You have extensive experience in international and domestic arbitration, WTO dispute settlement, and commercial litigation. Could you tell us about a case that you found particularly challenging and how you managed to resolve it?

    To my mind, the best part of being a disputes lawyer is the wide array of dispute related work that I have done over the years. Whether it is litigation or arbitration or WTO dispute settlement or investor-state dispute, I can safely say that the core premises more or less remain the same.

    That said, if I have to choose one challenging case that I have worked on in the last 14 years, it has to be an arbitration dispute where I had a tough ask to resist the enforcement of a foreign award rendered in Singapore in an international commercial arbitration from being enforced in India. The client having failed in getting the award set aside in Singapore (which was the seat of the arbitration and whose courts had jurisdiction in setting side proceedings) wanted to contest the enforcement petition filed before the Delhi High Court. I had to work with very limited grounds as Part II of the Arbitration & Conciliation Act, 1996 does not provide a wide latitude when it comes to opposing the enforcement of a foreign award. Nonetheless, basis research on the party who had filed for enforcement, some novel arguments on contravention of public policy were formulated and advanced as that party’s (i.e., the claimant in this case) name had been struck of the register of companies by the Registrar prior to the filing of the enforcement petition. In other words, the argument was that an enforcement petition could not have been filed by a non-existent entity and granting enforcement would be contrary to the public policy of India. This is turn led that party to file an application for restoration of the name of the company in which my client filed an application as an intervenor. Eventually, with all the lawyering and proceedings, both the parties opened talks with a view to negotiate a settlement.

    What are some common misconceptions people have about international commercial arbitration? How would you address these misconceptions?

    Arbitration as a mode of dispute settlement has been well received since the days of the Alabama arbitration in 1872. I don’t think there are many disagreements as to the value and efficacy of the process given the amount of party autonomy that is vested and from the fact that a wide variety of disputes (commercial, investment, trade, maritime, etc.) have been resolved using arbitration.  

    That said, no dispute settlement mechanism is free from problems or misconceptions that surround them, and international commercial arbitration has not been immune from that. To my mind, the most common recent criticism or misconception (if I may equate the two) concerns the costs of running with an arbitration. From the arbitrators fees to counsel fees to institution fees, it is true that there has been an uptick in the cost that a party has to bear in choosing to arbitrate a dispute. However, I believe that the cost aspect is often offset by the efficiency of the process which can lead to an arbitral award in a much shorter time frame compared to national court proceedings. Second, “well managing” an arbitration is partly in the hands of the parties and their counsels, and this can bring down costs, for example, agreeing and respecting timelines, having a document only arbitration when the claims are simple and evidence is not required, etc.

    Another common misconception is that a party nominated arbitrator means you have someone on your side. The fact that arbitrators, whether it is the presiding arbitrator or the party nominees, have to be impartial and neutral is the bedrock of arbitration and to expect anything to the contrary is equivalent to discrediting the process itself.

    Lastly, the so-called “standard” arbitration clauses from the past are fast losing their relevance. With the blinding evolution of the laws and processes in international commercial arbitration, having a tailor-made arbitration clause in a contract/agreement that is being negotiated is a must to not only safeguard a party’s right but also add to the efficiency of the process when a dispute materialises later from the performance or non-performance of that contract/agreement.    

    You have worked with the WTO as a Dispute Settlement Lawyer in the Appellate Body Secretariat. Could you explain to us the role of the Appellate Body and how it works within the WTO dispute settlement system?

    The World Trade Organization (WTO), as many of the readers may know, is an intergovernmental organization based in Geneva, Switzerland that was established in 1995 and deals with rules of global trade. While one function of the WTO is to negotiate new rules on global trade, the other main function is to resolve disputes between Member States arising from the interpretation and application of the WTO treaties.

    In a first of its kind in the international arena, dispute settlement at the WTO was designed as a two-tiered system. To begin with, if a dispute is not resolved amicably in consultations, a panel of experts (simply called a panel) then decides the dispute that is brought by one WTO Member against another WTO Member alleging that the latter has violated or acted inconsistently with the treaty obligations it took upon itself. A panel issues a ruling which is called the Panel Report. The losing WTO Member has the right to appeal a Panel Report to a standing body of 7 experts who comprise the Appellate Body which at the time of its creation was termed as the jewel in the crown of the WTO. Each Appellate Body Member is appointed for an initial term of 4 years and can be extended for a second 4-year term.  

    The Appellate Body is therefore the final arbiter of disputes between WTO Member States and hands down decisions that are binding upon the litigants. The Appellate Body has the power to consider questions of law raised in an appeal and then to uphold or reverse or modify the panel’s ruling. Each appeal before the Appellate Body is handled by a division of 3 Appellate Body Members in accordance with the timelines prescribed in the WTO Dispute Settlement Understanding. The Appellate Body Members are ably assisted by the Appellate Body Secretariat comprised of lawyers and support staff.

    However, since late 2019, the Appellate Body is no longer functional owing to the United States blocking the appointment of Appellate Body Members. Talks are continuing in Geneva on how to resolve this crisis that requires consensus of all WTO Member States. In the meantime, for those who are wondering as to what is happening to any appeal that is filed, sadly panel reports that have been appealed since 2020 are lying still without any adjudication.  

    You are skilled in providing input into policy framing, strategic planning, and decision making. What are some of the challenges you have faced when advising clients on these matters?

    Much of it depends on who the client is. For instance, when the client is a sovereign government, the considerations and challenges are slightly different. In advising Ministers and policy officials who may want a particular policy to be in place, one has to carefully balance articulating the magnitude of legal risk in having such a policy and what could happen if the policy was to be successfully challenged. In such instances, while there may be commercial considerations, the other important consideration is to carefully consider the larger public interest as well reputational risks in having such a policy in place. Thus, there is an inherent balancing act that a lawyer has to perform between, on the one hand legal risks and, on the other, the policy rationale.

    When I have to do the same for a private client, commercial and reputational considerations become the key. And then I have to be upfront about the uncertainty of what may result from litigating/arbitrating a matter vis-à-vis costs of pursuing it, commercially as well as reputation wise. Let me give you an example, while arbitrating a dispute can result in an award relatively quickly, one has to also consider how best to enforce that award, where to enforce that award and how long will that process take. When such considerations are put forth before clients, they appreciate and take that on board and more often than not involve the layer in making a final decision.      

    You have a Master of Laws (LL.M) in International Dispute Settlement. What inspired you to pursue this field of study, and how has it influenced your career?

    From my early days in NUJS, I was pretty certain that I wanted to be a disputes lawyer. So, when I started out with the dispute resolution team at the erstwhile Amarchand & Mangaldas in 2009, I was exposed to a wide variety of proceedings before different forums – from the Supreme Court to district courts, from arbitration to mediation sessions, criminal proceedings, etc. And these varied experiences set off a spark in me to explore the field of international dispute settlement, like proceedings before the International Court of Justice (ICJ), state-to-state dispute settlement at the WTO, investment treaty arbitrations, etc.

    Thus, the MIDS or the LL.M. in International Dispute Settlement offered jointly by the University of Geneva and Graduate Institute of International and Development Studies became the natural choice given the stellar teaching cast and its location in the heart of the practice of international law and diplomacy.

    Be it public or private international law, MIDS provided me with an unparalleled experience in the field of international disputes. The MIDS was pivotal in my subsequent journey as an international disputes lawyer. It provided me with the platform to pursue an internship with the Appellate Body Secretariat which later materialised into a full-time position as a dispute settlement lawyer. My time at the Appellate Body Secretariat was thoroughly exciting given the types and kinds of disputes that came up for consideration at the WTO in addition to the lifelong friends I made while working there. The WTO stint in turn set me up for a position with the UK Government in London to work on UK’s international disputes engagements prior to my return to India where I am currently a Partner in Luthra and Luthra’s dispute resolution practice.

    Lastly, what advice would you give to young lawyers interested in pursuing a career in international trade law and dispute resolution?

    From my experience thus far, I can perhaps offer a couple of insights: first, do try and pursue higher studies from an institution and subject of your liking whether it is in the United States, the UK or mainland Europe or anywhere for that matter. I found my year of reading the LL.M. to be fulfilling not only in terms of what I learnt but also in terms of meeting new people, making new friends and getting to know different cultures especially when batchmates come from across the globe.

    The second piece of insight I have to offer to young lawyers is not to super specialise early on in your legal career. If somebody is interested in dispute resolution, try working on as many aspects of it that you can i.e., do court litigation, do an ad hoc arbitration, do an institutional arbitration, try your hand at tribunal litigation (for example before the CESTAT, NCLT) and better still work on a criminal law matter before the trial courts. Take my case, over the years, I have been lucky do all of the above and that’s why I always consider myself to be a generalist disputes lawyer which I believe has helped me tremendously in the varying roles that I have taken up the last 14 years.

    Get in touch with Tamal Mandal-

  • I believe that more minds need to understand and work on laws to govern emergency technology – Lynn Lazaro, Partner and Head of IP, Kochhar & Co., Bangalore

    I believe that more minds need to understand and work on laws to govern emergency technology – Lynn Lazaro, Partner and Head of IP, Kochhar & Co., Bangalore

    This interview has been published by Priyanka Karwa and The SuperLawyer Team

    Ma’am, as a conversation starter, please tell us reason behind you choosing law as a career? 

    I don’t come from a family of lawyers, so choosing law as a profession wasn’t the typical choice at the time. Law as a career played to my strengths. I was generally a curious child and I enjoyed reading, with a strong sense of self and wanting to do what’s right. Being a lawyer seemed like something I would enjoy for the rest of my life, and I still do 17 years later.

    Could you please elaborate your role as a cross border IP transactional attorney? 

    I assist foreign businesses that want to protect their IP in India, from identifying their IP assets to developing a strategy on how to protect this IP. This could range from a simple trademark or patent filing to a complex contentious dispute. In the transactional space, I assist international companies doing business in India by helping them negotiate the purchase or license of their IP assets. IP law in India has certain nuances that differ from other jurisdictions, particularly with the transfer of IP assets from one entity to another. My experience with these types of transactions has allowed me to provide very specific advice to companies where innovation is part of their business structure.

    How was your experience as a teaching assistant at La Trobe University? And what were your learnings from the same? 

    While I did my masters at university in Melbourne, I got a part time job as a teaching assistant in the same university. The role was to teach third year business students the Australian Corporations Law module. I would take the class with around 100 students in groups of 10-15 a class and go over their class work. It was pretty apparent from the start that these business students had no interest in law and were compelled to take the class as part of their business studies. So, I would set them interactive assignments, like play acting the cases that I needed them to remember. It was the most fun job I’ve had in my life. My biggest learning was not to take life too seriously and that work can be lots of fun.

    What keeps you motivated at work? 

    Motivating oneself is simply perspective. You can look at it as long shifts and mental exhaustion or you can feel the satisfaction of helping a client or winning a case. I choose the latter and that motivates me to put my best foot forward every day. Another huge motivation for me is to explore areas of law that many are afraid to touch, like the Metaverse and AI related concerns. This isn’t brand new; I’ve been watching and learning about this space for a few years now. I believe that more minds need to understand and work on laws to govern emergency technology. I’m very excited for the future.

    How do you spend your time off? 

    Like any other working parent, most of my time off is spent with my kids and their activities. It’s a balance of doing chores and spending time with the family. I have two daughters who will grow up to join other powerful women in the workforce. I am reminded daily of my duty to ensure that I lead by example.

    Coming to last question, any advise you would like to give to the budding lawyer out there?

    I’ve noticed lately that new graduates want jobs in one specific field of law right out of law school. Real world experience is needed for overall growth as a lawyer so my advice to new graduates would be to explore working in different fields of law initially before choosing to specialize in one or the other. Corporate law, in particular, is interconnected and an M&A lawyer with IP experience or a employment lawyer with some M&A experience would have an added advantage.

    Get in touch with Lynn Lazaro-

  • Personally, as a senior lawyer at the firm, I feel a great sense of responsibility towards training and mentoring younger lawyers- Akshay Sachthey, Associate Partner, Phoenix Legal

    Personally, as a senior lawyer at the firm, I feel a great sense of responsibility towards training and mentoring younger lawyers- Akshay Sachthey, Associate Partner, Phoenix Legal

    This interview has been published by Priyanka Karwa and The SuperLawyer Team

    To start the conversation, please tell us about your decision to pursue law. You graduated with an Honours in Economics. What made you choose the legal profession?

    Pursuing law was somewhat of a passive decision. My grandfather and uncle were both Senior Advocates of the Supreme Court. Although I did not have much first-hand exposure to the profession with them, given that law runs in the family, it was always in the mix for me. So when I completed my Economics degree and was considering my next move, naturally, law was one of the options. My father nudged me to enrol at the Faculty of Law at Delhi University and that was that.   

    What drew you to corporate law instead of litigation?

    I did intern with a few litigation chambers but most of my time was spent with corporate firms, the longest stint being at Phoenix Legal. I was instantly drawn to the extremely professional set up of the firm and the finesse and sophistication with which the firm’s lawyers were able to advise businesses. I was also fascinated by how corporate law allows you to have an insight into the entire workings of a business. A corporate lawyer plays a key role in advising a business through its entire life cycle – from setting up, operationalizing and carrying on day-to-day activities to shutting shop.

    You have been with Phoenix Legal since you started practising and have risen up the ranks at the Firm. You have also earned accolades from global ranking agencies. According to you, what does it take to make a successful corporate lawyer?

    I have been rather fortunate, having had the right guidance, exposure and support from my colleagues and clients and I think these factors go a long way in shaping the career of a young  lawyer. Having said that, the usual ingredients of hard work, focus and dedication are pre-requisites in our professional without a doubt. Clients expect their lawyers to be professional, responsible and reliable. The journey can be a grueling one and so it is important to hold on to something that keeps you driven and motivated. This could be anything – a knack for problem solving, a competitive streak or something else.

    How important is it for young lawyers to have a mentor to guide them and look up to?

    Extremely. I have been privileged to have been surrounded by accomplished and well-rounded professionals from the start of my career and have drawn guidance and inspiration from them. So personally, I feel a great sense of responsibility towards training and mentoring younger lawyers. In my view, this is key to building a strong ecosystem and a successful corporate practice. A young lawyer’s formative years can be gruelling and it is important for them to have the right guidance. I believe it is also important for leaders and senior lawyers to build an EQ. Something that is surprisingly uncommon in our profession.

    You have diverse experience in different areas of corporate laws. What are your thoughts on the generalist vs. specialist debate?

    Given the pace at which the legal and regulatory environment is evolving in our country, the specialist lawyer undeniably has relevance today. But for me personally, being a generalist has been what I enjoy most about my practice and I’ve been fortunate enough to have had that exposure from ground zero. From advising on an M&A deal one day to dealing with a tax or regulatory proceeding the next, it keeps me on my toes. I am constantly exposed to new areas and issues of law which I feel has given me a well-rounded perspective. I feel that clients do see value in a professional who is able to provide a holistic take on a business problem.

    What do you find most rewarding about your work?

    The satisfaction that comes with resolving a business problem for a client. This could involve something as big as achieving a successful outcome in an M&A transaction or legal proceeding or something as small as providing a clear response to a client’s query.


    Where do you think the practice of corporate and commercial law is headed in the years to come? How do you see things evolving?

    I think legal as a function is being viewed more and more by businesses as a business-enabler rather than a cost centre. There is a flurry of regulatory activity across the country and businesses are more compliance conscious than ever before. In-house legal teams have grown in size and are increasingly active. AI and legal tech already has heads turning and will undeniably make an impact. At a macro level, I feel that a lot of the inefficiency that exists in the system will be weeded out. My sense is that clients and businesses will tend to look more for strategic and high-level advice and corporate advisory as a practice will grow. This brings a big smile to the face of a corporate advisory lawyer like me.

    As a corporate lawyer in private practice, you must have a busy schedule. Please tell us how you maintain a work life balance. 

    That’s simple – I don’t ! But on a serious note, ‘pockets of time’ has been my mantra. You will often hear me throwing around this term with a younger lot of lawyers. As corporate lawyers, we are constantly struggling to find the right balance. I feel that both during the busy phases and lighter ones, it is important to find and utilize those pockets of time, however fleeting they may be, to recharge. What works best for me is listening to music, playing the guitar, taking time out for a run or spending time with my family. With a bit of planning, efficiency and a supportive team, this is achievable in most situations.

    Finally, what advice do you have for our audience of young lawyers eager to make careers in corporate law?

    Take ownership of your work. Deal with every task as if you alone are responsible for it. Think like a Partner from day one. This is one the best pieces of advice I’ve received. My own two bits you ask? Work hard but also work smart. You will deal with a variety of clients and colleagues and different things will make them tick. Be adaptable and perceptive.

    Get in touch with Akshay Sachthey-

  • I’ve always been fascinated by the legal profession and the way it shapes society- Marinos Cleanthous, IP Attorney (EU) – Founder of IP CYPRUS – Appointed Member by the Cyprus Government of the Cyprus IP Committee

    I’ve always been fascinated by the legal profession and the way it shapes society- Marinos Cleanthous, IP Attorney (EU) – Founder of IP CYPRUS – Appointed Member by the Cyprus Government of the Cyprus IP Committee

    This interview has been published by Priyanka Karwa and The SuperLawyer Team

    Sir, can you share with our readers what specifically inspired you to take up a career in law? How did you drill down among various fields of law and chose IP as your area of expertise?

    I’ve always been fascinated by the legal profession and the way it shapes society. What drew me to law specifically was the opportunity to help people and make a positive impact in their lives. I was initially attracted to the idea of becoming a litigator, but as I learned more about the different areas of law, I became particularly interested in intellectual property (IP).

    I found IP to be a compelling area of law because it involves the protection and enforcement of intangible assets like ideas, inventions, and creative works. As someone who has always been interested in technology and innovation, IP law presented an opportunity to work with cutting-edge companies and help them safeguard their intellectual property rights.

    To drill down further and choose IP as my area of expertise, I began researching and speaking with professionals in the field. I was particularly drawn to the complexity of the subject matter and the constant evolution of technology and the law. It’s a field that requires a deep understanding of both legal principles and scientific concepts, which appealed to my analytical and problem-solving skills.

    Overall, I believe that a career in IP law is incredibly rewarding and allows me to combine my passion for technology with my desire to help others.

    What steps did you take when you were back at law school to become the successful IP attorney, you are now? Tell you us briefly about your career path.

    When I was in law school, I focused on courses that were relevant to IP law, such as patents, trademarks, copyrights, and trade secrets. I also sought out internships and clerkships with law firms that specialized in IP law to gain practical experience and exposure to the field.

    After graduation, I joined a law firm as an associate and worked on a wide range of IP matters, including EU and Cyprus trademark and designs cases. I learned a great deal from my colleagues and gained valuable experience in managing client relationships and  drafting legal documents.

    Over time, I developed a reputation in the IP community and began to receive more complex and high-profile cases. As my career progressed, I also became involved in teaching and mentoring younger attorneys interested in IP law. I have lectured at Nicosia University Law School and industry events, and have served as a mentor to several young lawyers starting their careers in this field.

    Looking back, I believe that if you want to be a successful  IP attorney you need to combine hard work, dedication, and a willingness to learn and grow. I never stopped seeking out new challenges or opportunities to expand my knowledge and skills.

    How important do you think IP strategizing is for start-up companies? Most start-ups are not high on investments, therefore what are must-dos for start-up companies from an IP perspective?

    Intellectual Property (IP) strategizing is crucial for start-up companies, regardless of their size and investment capacity. Protecting their ideas, inventions, and brand is essential for their long-term success and competitiveness in the market.

    Here are some must-dos for start-up companies from an IP perspective:

    Conduct a thorough IP search: Before starting any IP filings, it is important to conduct a thorough search to ensure that your idea/invention/brand is not already patented or trademarked. This will help you avoid any potential infringement issues and unnecessary expenses.

    File for patents and trademarks: Once you have established that your idea/invention/brand is unique, it is important to file for patents and trademarks to protect your IP. This will help prevent others from copying, using or selling your invention/brand without your permission.

    Draft non-disclosure agreements (NDAs): NDAs can protect your confidential information and prevent others from stealing or copying your idea/invention/brand. It is important to ensure that anyone you share your idea/invention/brand with signs an NDA before doing so.

    Build an IP portfolio: As your start-up grows, it is important to continue to build your IP portfolio. This will not only help protect your existing IP but also enable you to develop and protect new ideas/inventions/brands as your business evolves.

    Monitor your competitors: It is important to monitor your competitors to ensure that they are not infringing on your IP rights. If you suspect infringement, it is important to take prompt action to protect your IP.

    In conclusion, IP strategizing is a critical component of any start-up company’s success. By taking the necessary steps to protect their ideas, inventions, and brands, start-ups can increase their chances of long-term success in the market.

    Sir, despite your busy schedule as an IP attorney, you are an eminent multi-tasker. You have been listed as the “leading individual” in the field of IP law in Cyprus (LEGAL 500) and you have also acted as the Intellectual Property and Creativity Mentor in many Cypriot Institutions. Can you tell our readers how to go a mile ahead and contribute to the legal fraternity?

    Thank you for your kind words. Indeed, as an IP attorney, I have been fortunate to be recognized as a leading individual in the field of IP law in Cyprus. And I am also grateful for the opportunities I have had to serve as an Intellectual Property and Creativity Mentor in various Cypriot institutions.

    When it comes to contributing to the legal fraternity, my advice would be to focus on two key areas: expertise and community involvement.

    Firstly, it is essential to strive for excellence in your area of expertise. This means investing time and effort to develop a deep understanding of the law and its practical application. It also means staying up-to-date with the latest developments in your field, such as new legislation, case law, and industry trends.

    Secondly, it is equally important to be involved in your local legal community. This can involve participating in professional organizations, attending conferences and seminars, and volunteering your time and expertise to support legal aid programs and other initiatives that benefit the wider community.

    By combining these two areas, you can not only advance your own career but also make a meaningful contribution to the legal fraternity. I believe that we all have a responsibility to use our skills and expertise to give back to society and help build a better future for all.

    You are a member of several active Intellectual Property Organizations, like INTA (International Trademark Association), PTMG (Pharmaceutical Trademarks Group), AIPPI (International Association for the Protection of Intellectual Property), and Silicon Valley IP Law Association. How do you think active participation in these forums helps IP professionals to enhance their careers?

    Active participation in those Organizations can be incredibly beneficial for IP professionals in many ways. Here are a few reasons why:

    Professional Development: These organizations offer numerous opportunities for IP professionals to enhance their knowledge and skills through various workshops, seminars, conferences, and training programs. Such events provide insights into the latest developments and trends in IP law, which can help professionals stay up-to-date with the ever-changing legal landscape.

    Networking: Participating in these forums offers a great opportunity for IP professionals to network with peers, clients, and experts in their respective fields. Such connections can lead to potential business opportunities, new clients, and even job offers.

    Exposure: By participating in these organizations, IP professionals can gain exposure to the international community, which can help expand their reach and potentially lead to global opportunities.

    Professional Recognition: Active participation in such organizations can help IP professionals establish themselves as thought leaders in their respective fields. By sharing their expertise and contributing to discussions, they can gain recognition and respect from their peers and potential clients.

    Access to Resources: These organizations offer access to a vast range of resources like legal databases, research papers, and other tools that can help professionals stay informed and efficient

    Sir, in your opinion, how do you think AI like ChatGpt would impact one’s IP rights?

    AI is increasingly being used in various industries to improve productivity, efficiency, and accuracy. While AI can undoubtedly contribute to innovation, there is also a concern that it may lead to a potential lack of creativity. For example, AI-generated content may lack the nuance and uniqueness that human-generated content can bring.

    Regarding IP rights, AI-generated content and inventions can still be protected under current patent, trademark, and copyright laws. However, the question of who owns the IP rights for AI-generated works can be more complex. Typically, the person or entity who creates the AI or employs the AI would hold the IP rights. However, there are situations where AI may generate an invention without human intervention, and in those cases, the AI may be considered the inventor.

    Despite the potential challenges, AI has the potential to create new patents and IP rights that were not previously possible. For example, AI algorithms can identify patterns and correlations that humans may not recognize, leading to new inventions and innovations.

    In conclusion, the impact of AI on IP rights is a complex issue that will require ongoing attention and analysis as AI continues to advance. Nonetheless, it is clear that AI has the potential to both enhance and disrupt the current IP landscape.

    Sir, what would be your advice for young law graduates who intend to set their career in IP Practice?

    Firstly, I would suggest that you keep yourself updated on the latest technological advancements as technology plays a crucial role in IP practice. With the rise of Artificial Intelligence, Blockchain, and other emerging technologies, it is essential to stay up-to-date with the latest developments in these areas. This knowledge will help you better understand the legal and practical aspects of IP protection and enforcement.

    Secondly, networking is crucial for building a successful career in IP practice. Attend conferences, seminars, and workshops to connect with other professionals in the field. Build a professional network, seek out mentors, and engage in discussions with experts to stay updated on the latest industry trends and legal developments.

      Get in touch with Marinos Cleanthous-