This interview has been published by Namrata Singh and The SuperLawyer Team
You began your legal journey under the mentorship of Advocate Radhakrishnan. How did that experience shape your foundational years, and how have those early lessons influenced your practice today? Could you please walk us through your journey?
To say the truth, I am fortunate to have two learned seniors who have mentored me. As soon as I passed out of law school, I was propelled by a passion for justice and was initially attracted towards Criminal law practise. My first Senior Late Advocate R. Radhakrishnan used to say that, though I may not continue my law practise in Cuddalore, a district headquarters in the State of Tamilnadu and will eventually move out to Madras High Court, nevertheless, the short stint of Law practise in District and lower courts where one will learn basic advocacy, nuances of conducting a trial and client handling, will help me in the long run career of an advocate. Today I realise the foresightedness of my Senior, when I practically see that I have an edge over others while conducting the trials.
My first senior helped me understand the art of choosing the right questions to be asked in cross-examination by identifying the loopholes in the evidence given by a witness and drawing a comparison with the documents and statements made by them. Further, I learnt from him the exercise of mentally charting the course of a cross-examination rather than writing it on a piece of paper in question format, unlike most practitioners.
I used to keenly observe the trials he conducted in criminal cases, wherein he would walk the witness through simple questions based on accepted facts and slowly make the witness comfortable. At this point, he will lead the witness to walk into the trap of reliability where the witness will become at his ease and real self. Subsequently, he will gradually shift the gear and ask about the pertinent contradictions in his statement to elucidate the truth of the witness. Though in criminal cases it worked well I was very sceptical as to how it would work in civil or commercial cases, but to my astonishment, it has worked very well and notably even in a few of my cases the opposite party whom I have cross-examined, has immediately after the cross-examination has proposed for a settlement and the matters have been settled.
I started my second innings of advocacy under my Senior PS Surana before the Madras High Court in the year 2004 focussing on Intellectual Property law practice. My second senior not only taught me the nitty-gritty of civil litigation, but also the importance of attention to detail and essential qualities to become a successful lawyer. On the personal front, he is also my spiritual guide who has made a significant awakening in realising my inner potential, by practically living through the values of detachment, fearlessness and minimal materialistic needs. For example, though he could afford a luxurious car, he used to always have value-for-money cars. These observations made me realise that there are bigger and better achievements in one’s life rather than going for materialistic comfort.
As someone who transitioned between academia and active practice, what unique insights did you gain from teaching law, and how did it enhance your approach to complex cases later in your career?
Though I was to resume my Court Practice, after the completion of my Master’s in Law, I was pulled into teaching, by my mentor in the NLSIU, Professor Dr. N L Mitra who was not only an academician of excellence but also a Jurist with profound thinking and deep understanding of commercial laws. Just after completing my master’s from NLS, I was offered a teaching job by Professor Mitra at the newly found National Law University, Jodhpur in the year 2003. This was his dream project where for the first time in India courses including BSc LLB and BCom LLB were offered in addition to the traditional BA LLB.
I was offered to teach the law of Torts and Commercial Transactions for undergraduate students and Trademark and Copyright laws for Post Graduate students. Though I have taught only for a short stint of 18 months, it was a great experience for me and those students whom I taught are still fond of me and maintain a good relationship with me even today. In my opinion, the teaching profession has still not received its due recognition with lucrative pay and societal respect, which in turn will attract the best talent. It is noteworthy to mention the commendable move by the Bar Council of India to relax its rules in making leading practitioners’ contributions to academia, by way of recognising ‘Professors of Practice’. This transition is only a beginning, and I strongly believe that we still have a long way to go.
My first takeaway from my teaching experience comes from my exposure to International Jurisprudence, especially the evolution of law from the American courts and the English courts, which immensely helps me to trace the evolution and march of law in a particular subject. This understanding gives me a better perspective, which when presented before our Courts aids them, in interpreting the law more convincingly.
My second takeaway from the teaching experience is the learning of effective use of case law research tools and the habit of being updated with current legal events. In the era of the internet and the availability of an enormous amount of knowledge in any given field from online resources to students, modern Teachers of law must use these online tools.
Further, I always feel that ‘Teaching is one of the best ways to learn’.
Your pro bono work, such as the case advocating for the retrospective regularization of a Tamil Nadu government driver, is commendable. What lessons did this case teach you about the power of law in changing individual lives?
There are two driving forces I get as a lawyer, when I do pro bono works. Firstly, I get the satisfaction that by using my legal knowledge and acumen, I can get a relief for a person whose rights have been affected by the system since he is not able to defend himself or get the services of a lawyer due to his economic and/or social background. This also comes from my brought up, where my mother always supports the underdogs in any given situation. The next level of satisfaction arising out of pro bono work is when I attempt to challenge a particular law or proposition of law propounded by a case law which in general perception is not conformity with the equity and good conscience.
My first pro bono case was for a driver, who was working in Government of Tamil Nadu and has worked under my father, when he was in service. He came to meet my father knowing that I have become an advocate, and he wanted my help to fight his case, as he is not a financial position to engage a lawyer. I fought that service matter for retrospective regularisation from the date of his joining in the service and got a successful order before the Madras High Court.
I realised the power of the Court especially the Constitutional Courts, to alter a person’s destiny when I handled a case in 2011. A second-year student from Madras Dental college approached me saying that she has scored 200/200 in physics and chemistry and 196 in Biology but was not able to secure an admission in MBBS and therefore got admitted in BDS in Madras Dental College. Subsequently the TN Govt had brought in a G.O wherein any student studying in a professional course and has Witten an improvement exam conducted by TN Higher Secondary Board gets an improved score , then he/she can secure admission in a better professional course on merits as per his/her choice, without having any impediment of studying in another professional course. In that student’s case, she gave the improvement exam and scored an improved score of 200/200 in Biology also. She then applied for MBBS, and she was called for counselling to get admitted in Madras Medical college for MBBS. In the middle of counselling, her candidature was cancelled, based on an order passed by the First Bench of Madras High Court quashing the said Govt. Order as unconstitutional. I was able to relate myself personally to this as I myself joined an engineering course but had to forcefully discontinue that when I wanted to pursue medicine, as the law at that point stated that one has to discontinue a professional course before the commencement of the semester exam, if they wish to pursue another professional course or one has to wait for 3years after the completion of the first professional course to pursue the 2nd professional course.
The rationale given in support of this rule is that if anyone discontinues a professional course in the middle of the Course then that seat cannot be filled and goes waste. Further, another argument put forth was that Government spends a considerable amount to make any student study a professional course and by quitting in the middle, the student is wasting the money spent on his/her studies by the Government.
However, the said GO, Government had relaxed that rule and allowed any students to discontinue in the middle of his/her first professional course to join or pursue another professional course of his/her choice if he/she is otherwise eligible. However, the First Bench of the Madras High Court believed that GO was unconstitutional and struck it as violative of Article 14 of the Constitution of India.
The student was not keen on challenging as she was already into BDS and bet the odds-on uncertainty. Therefore, I took up the matter as pro bono and convinced my friend Mr. Senthil Jagadeesan who was an AOR then, now a designated Senior Counsel in Supreme Court, and engaged Retired Justice Nageshwar Rao, then a designated Senior Counsel to appear in this matter. We were able to convince the then Chief Justice of India Justice K.G. Balakrishnan, on the point that if a person is determined to study a particular professional course, then he/she would anyway do it after the mandatory cooling off period and therefore such restriction does not seem to be rationale and serve any purpose.
This particular case was an eye opener for me and I realised the enormous power vested by the Constitution on the High Courts and Supreme Court to mould a suitable relief to the deserving, which made me realise the power of the court to alter a person’s destiny and in which along with the judge, a lawyer also gets to plays a small but vital role.
Serving on the Intellectual Property Appellate Board (IPAB), you played a key role in landmark decisions, including setting royalty rates for music composers and lyricists. How did these decisions impact the intellectual property landscape in India, and what challenges did you face during such high-profile cases?
Intellectual Property Appellate Board served as a specialized tribunal to adjudicate matters pertaining to intellectual property laws and as an appellate body it provided for appeals against decisions of IP offices. I served under Hon’ble Mr. Justice Manmohan Singh of the Delhi High Court (Retd) and gained a significant experience in contributing the bench towards the effective adjudication of complex intellectual property issues. In my tenure of 8 months, was part of the bench deciding on the rate of royalty and the right of claiming it by the IPRS in respect of the broadcast of lyrics and music underlying sound recordings by FM Radio Stations in India. The hearings took place continuously for 28 days and all leading Senior counsels like Mr. Mukhul Rohtagi, Mr. Abhishek Manu Singhvi, Mr. Neeraj Kishan Kaul among others, appeared for the parties to present their arguments. We have judiciously examined their legal arguments, analysed the case laws stated and interpreted the legal provisions pertaining to copyright licensing in India and delivered an order recognising the rights of lyricists and music composers to claim royalties based on the 2012 amendments to the Copyright Act, 1957. I am glad that the Chairman of IPAB had allowed me to pronounce the order.
As a Copyright member of IPAB, we were mandated to fix the Royalty rates by 31-12-2021, before the expiry of the rates fixed by Copyright Board. During that exercise, under the able guidance of Hon’ble Mr. Justice Manmohan Singh, Chairman of the Board, we have not only fixed the royalty rates but also applied the position of law as it stood by recognising the right of the music composers and lyricists through the Copyright Amendment Act 2012. Notably, this order was subjected to judicial scrutiny by way of writ petitions before the High Courts of Bombay and Delhi and subsequently has received affirmations from these Hon’ble courts attesting to the soundness of the decisions made by the IPAB.
While adjudicating as a member of IPAB, though for a shorter period, I felt that I have a strong sense of justice and a desire to play a direct role in upholding justice and ensuring the fair application of the law. Though as a member of the bar, I made my earning for my living and contributed my bit to the society and legal fraternity, I have not got the fullest personal satisfaction of making a positive impact on society when compared to my sitting as a part of the Bench.
Your work has touched both legal practitioners and the broader community. How do you believe your role as a litigator and advisor contributes to helping businesses and individuals protect their intellectual property while fostering innovation?
As IP practitioner, my foremost duty is to sensitise my client on the value of creating an IP, the significance of lawfully protecting it and to reap the benefits out of it. As it is a negative right, creating a limited monopoly rights for one’s intellectual efforts, it is also my bounden duty to give a fair warning to my client, not to abuse such power by trying to create an absolute monopoly out of it. This delicate balance must be imbibed in the minds of an IP creator/client to fully utilise the IP laws to its letter and spirit. This is the role of an advisor played by me towards my client for fostering innovation and strategic growth in their business.
Once, my client’s IP right has been rightfully oriented under the existing IP regime, thereafter my role as a litigator begins in guarding the IP of my client at all possible ways. In my experience, either at the Cease-and-Desist stage or at the Pre suit mediation stage (as mandated by Section 12 A of the Commercial Courts Act) itself matters have resulted in settlement due to the rightful presentation of facts on how the infringer is infringing my client’s IP.
With the current generation of legal professionals seeking to specialize in areas like intellectual property, what key skills and knowledge areas do you think are crucial for their success in this domain?
According to me, specialising in an area like IP needs a broader perspective and an in-depth understanding of the laws. Further, IP laws constantly evolve due to the ongoing International Trade talks through WTO and subsequent normalisation of IP laws in addition to the emerging jurisprudence of IP due to the interpretation by Courts in accordance with the Countries’ specific needs.
As a practitioner, one must subscribe to latest journals or website which keeps updating the latest jurisprudential developments along with commentary or viewpoints of the eminent authors. One should also organise/attend conferences and seminars where peers in the field are given a platform to share and brainstorm ideas that have evolved in IP practise.
As a legal expert in intellectual property law, how do you see IPR playing a critical role in today’s business landscape, especially in India’s growing tech and innovation sectors?
Intellectual Property Rights (IPR) plays a crucial role in shaping the business landscape, especially in a rapidly growing economy like India. Here are some key points highlighting the importance of IPR in India’s technology and innovation sectors. IP laws encourage innovations by providing legal protection for inventions and innovations, which incentivizes individuals and companies to invest in research and development. This is particularly significant in sectors like Information Technology, Biotechnology, Health care and Renewable Energy.
A robust IPR regime is essential for the growth of startups and small and medium-sized enterprises (SMEs). SMEs play a vital role in stimulating the economic growth, providing employment opportunities for large number of people and promoting grass root level innovations which normally results in lot of products which will ease our living and improve our comfort. This potential of the SMEs as a trigger for economic boom is realised by the Government and has the Govt taken lot of measures to promote and support MSME’s at the State and the Central level through various policies and implementation of beneficial schemes.
By harnessing Intellectual Property and protecting it, companies can have a competitive edge over others in the market. A strong IP culture in their organisation is essential for Indian companies that are looking to leave their footprint Globally and to compete with the MNC giants.
When we talk about IPR regime and IPR enforcement they are two parts of the same structure. While India has made significant strides in strengthening its IPR regime, challenges remain in terms of enforcement and awareness. A sound strategy to address the issue of enforcement can further enhance the effectiveness of the IPR regime in India, which in turn will attract FDI that will result in economic boost leading to creation of high value jobs.
Introduction of commercial courts is one such bold step taken by the Government of India to bring in an effective and efficacious dispute resolution mechanism for the business disputes including IPR related disputes. In my opinion, India’s evolving Commercial Court’s litigation and practice is a strategic move that will promote an environment of growth for technology and innovation sectors. As the country continues to grow, a robust IPR system with proper enforcing mechanism, will be pivotal in sustaining this momentum and ensuring long-term economic prosperity.
With such a dynamic and demanding legal career, how do you unwind in your personal time, and what hobbies or activities do you pursue to maintain balance and recharge?
I unwind by watching movies regularly on weekends, mostly humour or action genre. I also have the habit of listening to music on the way to home and office. Once in 3 or 4 months, I venture out for Trekking, Hiking or biking which rejuvenates me. I have completed the Leh to Manali bike expedition with my wife in 2006 and alone in 2023, which I would say one of most enchanting as well as enduring trip. I have also travelled by car from Chennai to Chardhams with my Parents for a 22-day long pilgrimage tour covering many temples on the way including the famous Siddheswara temple, Kashi, etc. I have climbed multiple times Chaturagiri hills, Agasthya hills, Parvatha malai, Velliangiri hills, Tirupathi hills etc. to name a few.
Trekking allows you to connect with nature, experience diverse flora and fauna, and enjoy breathtaking view and reminds us about the destruction mankind has done to mother nature in the name of unsustainable development and growth. The serene and picturesque environment of hill stations can significantly reduce stress and anxiety. Being in the nature and breathing the fresh air, boosts mental clarity, improve the general mood and brings inner peace. Once you practise this regularly then you will develop a connection with the universe which will provide a deep sense of fulfilment which cannot be expressed by words until one experience it personally. From health perspective, trekking or hiking in hilly uneven terrains is equal to a tough work out and burns more calories and develop endurance the body. Trekking can be a family activity also, I used to go with my friends, niece and nephews. After marriage, my wife who is a pillar of strength and a guiding factor in all my activities either professional or personal, used to accompany me.
You’ve had the opportunity to interact with both senior legal luminaries and upcoming law students throughout your career. What common threads do you see between these generations of legal minds, and how do you think legal education should evolve to address future challenges?
Definitely, more sharper minds are coming into the profession after the emergence of 5 year Integrated professional course and National Law Schools. Common threads between these generations of legal minds are to protect the rights and defend the vulnerable section of the society. Legal Education also tries to modernise its curriculum to be more practical and legal practitioners should be brought in to interact with students to share their practical knowledge.
Compared to 30 years ago, when I completed law, the internship opportunities offered by universities today are more structured and systematic whereby it gives a plethora of exposure and versatile experiences. For example, nowadays universities provide a structured guidance wherein first year students are expected to do an internship with an NGO, second year students are expected to do an internship with companies and from 3rd year onwards they can intern with a lawyer or law firm, and they can intern twice a year. Universities should play a vital role in continuous legal education in collaboration with Bar Council/ Bar Association for a structured two-week course on specialised areas such as Arbitration Practise, IP Practise etc for the practising advocates to keep them updated in their respective fields. Further, just like how medical colleges have attached hospitals and patients treated by the final year house surgeons, Law Universities should also facilitate legal aid clinics in law colleges, in which under the guidance of professors, students can provide free legal aid.
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