Can you share your diverse and enriching journey from IIT Kharagpur to founding Umbrella Legal. What inspired you to transition from a technical background to a career in law and entrepreneurship?
Thank you Superlawyer Team for this opportunity and I feel very lucky to be approached and interviewed for the second time in my legal career. To begin with, I am a first-generation lawyer who, in my third year of engineering, made the decision to shift gears. Throughout 4 years of engineering college, I participated in various extracurricular and events, which gradually led me to realize my passion and aptitude for law. During the final year of my engineering studies, subjects such as introduction to patents and technology transfer solidified my resolve to pursue law after engineering, with the aim of integrating knowledge from both fields to tackle complex issues. So, at the end of 4 years of engineering college, I opted for a three-year law program specialized for individuals with a technical background at RGSOIPL, IIT Kharagpur, instead of pursuing MTech or joining a corporate job. I had wonderful cohorts and friends at law school, who added to the need to challenge myself for learning and gaining experience.
Following campus recruitment at IIT Kharagpur, I joined Hero MotoCorp’s R&D setup as part of their IP cell, gaining valuable experience in handling patent-related matters. After a tenure of 2.5 years at Hero, I transitioned to TCS as an IP analyst, where I delved into core IP issues and gained extensive exposure to domestic and international IP laws, particularly in the software domain. While recognized as a valuable asset at TCS, I felt the urge to broaden my legal expertise, leading me to join Bajaj Electricals as Manager-Legal and IP. In this role, I provided comprehensive legal support across various departments, refining my leadership skills and navigating complex legal challenges across multiple business verticals over a span of 2.5 years. Subsequently, I moved to ATC Tires Private Limited, further expanding my legal exposure and expertise in handling legal and compliance matters.
The transition from an in-house counsel role to an entrepreneurial position is not abrupt but rather rooted in a steadfast aspiration that began during law school to establish my own firm. Through exposure and accumulated experience in the legal field, I eventually reached the point where I felt confident enough to leave my corporate position and embark on this entrepreneurial journey.
Starting Umbrella Legal must have been an exciting yet daunting venture. What were some of the initial challenges you faced, and how did you overcome them to establish a successful legal practice?
I think the decision to leave my position as Senior Manager-Legal in 2022 to start my own firm has been the biggest challenge. The magnitude of this challenge becomes evident when starting without an existing client base, despite a decade of experience. Over time, I learned to cultivate relationships and instil trust with clients gradually. My background as an in-house counsel proved invaluable in comprehending the intricacies of transactions from both business and legal perspectives, affording me a distinct advantage in handling certain complex matters.
Your involvement with teaching and providing legal exposure to students at NMIMS Mumbai and IIM Bodhgaya is commendable. What drives you to impart knowledge and mentorship, and how do you believe it contributes to the legal profession?
My father, a teacher himself, instilled in me the value of imparting knowledge and contributing to the community. I have a fondness for teaching, and whenever the opportunity arises, I am committed to delivering my best as a faculty member. As a legal professional, I actively engage in continuous learning, staying updated on emerging trends in law, and giving back to the legal community through knowledge sharing, mentorship programs, and academic collaborations.
I had the pleasure of teaching two modules of the executive law program at IIM Bodhgaya, where participants engaged in discussions on legal interpretation, case studies, and shared their experiences in addressing similar issues within their organizations. Teaching law, to me, is about more than just imparting knowledge; it’s also an opportunity to learn from diverse perspectives and experiences.
As someone deeply involved in the startup ecosystem, what do you believe are the key legal challenges that startups often overlook, and how can they proactively address them to ensure long-term success?
The legal challenges start from selection of entities to incorporate to finally implementing practices to mitigate legal risks. I remember having this discussion with a client wherein they were ready to deploy all measures to ensure that accounts become up and running from day 1 but when it was time for legal compliances, the reply was “is it absolutely necessary” and what would be the penalty, if not complied.
Certain startups fail to recognize the significance of completing legal paperwork, safeguarding intellectual property, establishing legal frameworks, and formalizing co-founder agreements and equity distribution plans. The initial action to tackle these matters involves engaging an attorney for in-depth discussions concerning your needs, financial constraints, and deadlines. Establishing a structured timeline ensures that all necessary steps are taken in a timely manner.
Becoming a registered patent agent is a significant achievement. Could you share with us your experience preparing for and passing the Indian Patent Agent Examination?
In 2013, while serving as Deputy Manager at Hero MotoCorp, I successfully passed the patent agent examination. In my role, I was tasked with various responsibilities such as conducting patent searches, drafting, filing, and providing related advisory services. Given the frequent engagement with patent-related matters, I found myself referring to the relevant laws and regulations multiple times a day, inadvertently preparing me for the examination. Moreover, drafting patent specifications as part of my duties involved comprehending the inventions conceived by inventors, further enhancing my preparation for the examination.
Your involvement in advising on software patents and navigating the complexities of international patent filings is impressive. What unique considerations or challenges arise when dealing with software-related inventions in the context of patents, and how do you address them?
My exposure to software patents and challenges around them began with my engagement with TCS, Mumbai. I joined TCS in January 2015 and just a few months before, the Alice vs. The CLS case was decided in the US Supreme Court and every software company was concerned with the verdict. In that case, it was held that patent claims granted for computer-implemented electronic escrow services were directed to abstract ideas and not patentable subject matter. This case had a profound impact on the way of examination of software patents and laid out two step analysis. India patent office on the other hand was busy drafting CRI guidelines for examination of computer related inventions but there were a lot of comments and recommendations given by industry players upon release of those guidelines due to clarity and interpretation issues. One of the biggest challenges after the Alice case was to overcome the 101 rejections in the US with limited support available from pre-Alice patent specification.
You’ve mentioned handling complex transactions during your tenure with some of India’s biggest companies. Can you share some strategies or approaches you utilized when faced with particularly challenging cases, such as those involving intricate IP issues or high-stakes legal matters?
Navigating transactions entangled in numerous legal complexities demands meticulous strategic planning, clear communication with the business team, and scrupulous attention to detail when reviewing documents and disclosures. In the initial stages, it’s crucial to engage in thorough discussions with relevant teams, delving into the nature, rationale, and expected outcomes, while also conveying expectations and providing regular updates.
At the outset of such intricate transactions, establishing a risk matrix is imperative, allowing for the identification of potential risks and the implementation of mitigation measures to secure a favourable outcome. Complex transactions often involve unanticipated challenges and it becomes important to strategize and work to ensure that you do not deviate significantly while revisiting and adjusting the transaction structure.
Your journey from a deputy manager at Hero MotoCorp to founding Umbrella Legal is quite inspiring. What lessons or experiences from your early career do you carry with you today, and how have they influenced your professional growth?
Thank you for your kind words. I appreciate your kind sentiments. Transitioning from my role as deputy manager at Hero MotoCorp to establishing my own firm has been a journey rich in valuable lessons and experiences, supported by the guidance of family, friends, and mentors at various stages of my career. One paramount lesson I’ve embraced and applied is that there are no shortcuts to professional advancement, and there’s no justification for compromising on the highest standards of professionalism and quality.
Balancing a career as a legal entrepreneur and being a strategic legal advisor requires excellent time management skills. What are some strategies or habits that you’ve found effective in maintaining this balance and staying productive?
In today’s fast-paced professional landscape, many individuals encounter the dual challenges of time management and maintaining a healthy work-life balance. Within the legal profession, given the demanding nature of the work and long hours, it becomes essential to implement strategies for effective time management. One particularly beneficial approach is establishing clear priorities and developing the skill of delegation.
In the past, I struggled with setting boundaries regarding personal time, often allowing work-related matters to encroach upon my personal life. However, I gradually altered these habits. Now, I prioritize carving out dedicated time for my personal life to prevent burnout and ensure rejuvenation. This shift has been instrumental in enhancing my overall well-being and productivity.
Can you walk us through your career journey from starting as a junior advocate to your current role as Zonal Head – Legal (North) at Allcargo Gati Limited? How did you transition from criminal practice to corporate law?
Well, it has been a splendid journey throughout the career since its inception with lots of hiccups and challenges which I overcame. I started visiting the district level courts of West Bengal adjoining the Kolkata district. I had always a dream to pursue my career as a pleading Counsel, which every budding lawyer dreams. I developed the knack of practicing criminal law and am fortunate to get the opportunity to learn about the broad aspects of criminal jurisprudence under the guidance of the one of the eminent criminal lawyer of West Bengal and other states of eastern region, Mr. Tamal Kanti Mukherjee, Advocate of Alipore Judges Court, Kolkata and developed the skills of filing of police complaint thereafter conversion of the same to FIR, summoning, framing of charges till trail stage. During the initial days after the bar enrollment, you are hardly able to foresee the career path in this vast legal domain, wherein you get inadequate information from friends, colleagues including pressure from the family members to establish yourself . Predominantly appropriate legal connections are the main keys that every first-generation lawyer lacks, which I personally felt.
In order to get the flavor of the civil jurisprudence and in this vast universe of civil law(s) including but not limited to Laws of Constitution and Code of Civil Procedure 1908 & other law(s), I got the opportunity to work with one of the leading Law & Solicitor’s Firm of Kolkata viz. Sandersons And Morgans, as a Junior Advocate. I have appeared in different courts like Ld. District Consumer Dispute Redressal Forum, Hon’ble State Consumer Forum, Ld. City Civil Court, Ld. District Court, other Tribunal(s) and Hon’ble Calcutta High Court Original and Appellate side jurisdiction etc.
In addition to the proficient domain knowledge and skills, one of the most important aspects and invariably a bitter truth of the independent legal practice and specializing in the legal matters for one should be making a sound connection and developing new client networks through resources. Whilst during those struggling days of building my own brand of a recognized lawyer through the process of continuous learning, I got a call from the HR department of the most trusted footwear retailer brand Khadim’sand that really made my day and I got selected for the position of Senior Executive – Legal on the very first day of my interview. Now, I can gracefully state that I was the first ever candidate those days from my college batch being selected for the job opportunity in the corporate legal department.
It is apposite to mention that I got immense support and guidance from my college mate cum best friend, a competent lawyer specialized in constitutional bench matters of Hon’ble Calcutta High Court Ms. Mimi Mondal, BA.LLB turned to be my better half and mother of my only child Master Smayan Roy.
What were your key responsibilities and accomplishments during your tenure at Khadim India Limited and Ambuja Group ? Could you share some insights into the projects you handled and the challenges you encountered?
The first corporate job in Khadim’s really worked like a “bolt from the blue” and I got the exposure to understand the framework of the corporate legal department, learned corporate ethics, drafting of in-house company policies, labour related compliances, corporate litigation, retail acquisition, land matters along with company secretary and related affairs.
I was always best known for delivering smart results within a highly competitive environment by analyzing the situation/ complexities from broad legal perspective and suggesting practical action plans.
During my days of employment with Ambuja Group, a group renowned for its City Centre Malls in Kolkata, Raipur, Bihar and one of the top Builders in eastern India, I was a part of the corporate legal team and assisted the Head Legal in scrutinizing the Legal documents in respect of the proposed commercial and residential projects of the Company. I have independently & successfully closed contracts for new store leasing / licensing contracts of more than 150+ brands for new mall openings and elevated to the next level within a span of six months of joining the organization.
Moving to Delhi and taking on the legal function for the North & East regions at Shoppers Stop Ltd. must have presented unique challenges. Could you elaborate on some of these challenges, especially in navigating the legal landscape and stakeholder management in a new city?
Yes, indeed it was a little bit of a challenge for the initial days in terms of the geographical periphery and the peoples around you are concerned. Obviously the language plays a very important role in the legal domain but I have only one philosophy when it comes to work, every piece of work, regardless of size has to be done on time and in the right manner irrespective of barriers.
I had always had a dream of joining a big brand and a pioneer in the field of retail industry and I got the opportunity to work with “Shoppers Stop”, known for its superior quality products and services. During my period of employment with Shoppers Stop, I had conducted due Diligence of properties for retail and commercial development, closed documentation and due diligence of high street and Mall Anchor stores in the FY 2015-16 on pan India basis and have also developed company policies on industry-specific issues and corporate governance.
The biggest USP of my role with Shoppers Stop was that I was already a seasoned corporate lawyer having sound exposure of dealing with brand related agreements either from the Developer’s side as well as Retailer’s side, which really acted like a cherry on the cake for this role.
The biggest challenge during those days, I felt coordinating with the local lawyers on the rural side. While as we all know that it is a common practice of sending weekly/monthly reports to the top management with the complete update on the particular day of hearing of the matter, it becomes a tedious task when the calls/ messages to the local counsels always remain unanswerable. Hopefully with the digitization of the e-courts facilities and the confonet website for consumer matters, the struggle towards obtaining the updates and the orders of the lower court matters have been marginally decreased.
As part of the legal team at Dish TV, you were deeply involved in compliance, contracts, arbitration, and consumer litigation. What lessons did you learn from this role, particularly in terms of managing complex legal matters and driving successful outcomes?
As I have said earlier, my years of experience in the legal field is something that can truly contribute to the company’s success and my sense of dedication in every task that I handle is definitely a big plus.
As a part of the legal team of Dish TV, I have successfully spearheaded projects and generated huge cost savings for the company by implementing innovative initiatives and providing tactical business solutions and closure of high business contracts including the timely compliance of the regulatory affairs of TRAI and other regulatory body(ies) from time to time.
As a part of the company’s mission of acquiring the largest consumer base in providing the DTH services and to become the front-runner in service provider’s community, I have joined hands with the business team members and closed several contracts for different business verticals. My domain knowledge and hold over the customer base made a big contribution in resolving consumer matters of high stake including celebrities engaged for brand endorsement. I have really enjoyed the challenge of closing and successfully defending high ticket arbitration, commercial suits, trademark disputes. It is noteworthy to mention that I was a core team member of the Merger & Acquisition (M&A) team for acquisition of Videocon D2H by Dish TV and handled pre acquisition compliance and documentation from legal perspective
Your experience indicates involvement in trademark infringement and brand protection. Can you discuss how you tackled these issues in your previous organizations and any strategies you employed to safeguard intellectual property rights?
As we all know that registration of trademark provides a legal protection against the misuse or copying of a company’s name or logo, which is often a company’s most valuable asset. I have been always actively involved in the trademark and related affairs since the inception of my career in every organization I have worked. The key role and have tackled the trademark related issues by : –
Filing of trademark & copyright applications on time and continuously following up till registration along with timely renewal,
Nabbing the counterfeiters illegally using the brand name by sending Cease & Desist Notices on a timely manner,
Filing of Trademark infringement suits in respect of the counterfeit good(s) appointment of local commissioners by the appropriate Court of Law.
Filing of police complaints for TM & copyright infringement and intimation to the state / central tax authorities,
Advising the organization on the possible consequences and advantages regarding the registration of Trademarks, Copyrights and other Intellectual Property Rights.
I have also designed an effective online system with the help of the third party developer for management of Intellectual Property resources of the company.
Independently represented the company on the trademark litigation filed against the Infringers in “passing off” suit filed at Hon’ble High Court at Delhi and the Hon’ble Court has passed John Doe and Anton Pillar orders in respect of the trademark of the company.
How does the legal landscape in the logistics industry compare to the other industries you’ve worked in? What are the unique challenges and key areas of focus for legal professionals in the logistics sector?
The logistics industry is subject to a web of regulations and customs procedures, which varies significantly from one region to another. Navigating this complex landscape can lead to delays, fines, and compliance issues. The logistics sector including road industry are always prone to ongoing legal hassles including timely compliance, safety, export and import compliance; vehicle detention by administrative, quasi judicial authorities etc., GST and other tax impositions, hazardous materials safety, handling, transportation and storage, MACT, road transport issues, vehicle caught incidences under NDPS Act or any other statute.
You need to monitor and update management on every change of laws and regulations from time to time and ensure compliance thereof.
We have acted as an enabler to business team on proactive suggestions on legal matters on various business related issues on 24*7 bases round the year.
Throughout your career, you’ve likely achieved numerous milestones. Could you highlight one of your most significant accomplishments, either in your past roles or your current position at Allcargo Gati Limited?
I try to achieve the set goals and work hard as much as I can, I try to reach those goals and achieve the desired outcome. I had always recognized myself as someone with a progressive attitude who does his best and gives 100% to attain goals. To me success is not just my personal achievements but also by the efforts of the people around me and my team.
I have been always been a top performer in almost all the organizations I got the opportunity to work and in this current organization Allcargo Group, I am awarded with the “CEO Award” – FY – 2022-23 and “Best Zonal Head – Legal” – FY 2023-24 for my exemplary performance and contribution to the legal team.
Finally, drawing from your rich and diverse experience, what advice would you offer to law graduates aspiring to transition into corporate legal departments? What key insights or lessons would you share with them as they embark on their careers in the legal field?
Working as a corporate lawyer could be a very rewarding and profitable career path. One should blindly follow the vogue “Practice – Perseverance – Perfection” for the initial days of the career.
Corporate Legal Specialist is a relatively new discipline and the expansion and career options are ample. In the present day, company legal professionals are employed in loads of top-notch organizations and therefore this discipline of the legal profession is opening up choices in careers and professions for young law aspirants.
Henry Ford says, “Anyone who stops learning is old, whether at twenty or eighty. Anyone who keeps learning stays young. The greatest thing in life is to keep your mind young.”
So learning and developing skills is the mandatory tool for the aspirants, so be ready for exhausting work and sacrifice. If you want to get certified and acquire expertise, work harder and become a specialist in corporate law. Good Luck to all young law aspirants!!!
Could you please share your journey and the pivotal moments that led you to pursue a career in law, particularly in the field of entertainment and media law?
As a teenager, I possessed a skill of questioning and having healthy negotiations at home and with teachers in school towards studies and life. Parents always wanted me to become a doctor or an engineer, however due to my low maths score I couldn’t qualify in either of the fields. Whilst growing up there were property related issues in the family, thus at a very young age I had started reading the legal notices and their responses. The legal language mentioned in such notices was very intriguing for me and as such I was always curious to know the nitty-gritties involved in various types of laws which governed our country. Consequently, before I could complete my 10th grade she had decided to become a lawyer. Also, law does not require any maths or complex chemical calculations. Throughout my school life always had a good command over spoken and written English language and could memorise vast portions of her school syllabus along with general knowledge gained by reading newspapers, these basic skills were enough to have a zeal to become a lawyer and to get into a good law school.
Thus, after completing school in 1999, I got into commerce stream and completed my basic graduation from Mumbai wherein she got to learn about business management and economics. Post that in 2004 I got admission into the 3 year Law Course from Jitendra Chauhan College of Law, Mumbai. In those 3 years I was also interning at a reputed law firm wherein I obtained hands-on experience of drafting the legal language, visiting the High Court of Bombay, meeting counsels, reviewing the agreements, drafting legal notices. Over the period of 3 years my teenage dream of drafting and executing legal documents unfolded and by the end of the internship and law college in 2007 Persis was ready to take on the legal fraternity with her skills of drafting, negotiating and executing legal documents.
On a personal front, during my childhood, my parents used to take me to watch Hindi films in the theatres at Mumbai and thus as a child I always had this thought that someday my name should appear on that big theatre screen in the capacity of a lawyer. Unknown to how life after 2007 would open avenues for me in the media and entertainment sector.
Thus in 2007 after completion of B.com and LLB graduation, I was very aggressive in search of a legal job in the market. As destiny would have it, I secured a job as a Legal Executive in Adlabs Films, Filmcity Mumbai in October 2007. In her tenure of 3 years there, she got hands-on experience in drafting, negotiating and executing all the Film production, distribution agreements. Not only I worked in the legal side of the company but was also fortunate enough to learn the technical side of converting the final film footage into a digital cinema print and distributing the same worldwide. In this tenure I also got a chance of reviewing and negotiating the business conducting agreements wherein the single screen and multiplex cinema chains owners were giving their old cinemas to be refurbished and run under the brand name of Big Cinemas in India. On the other hand, the benefit of working in the entertainment sector was that I got a chance to see and meet many film actors and was also invited to a lot of film screenings and parties. Overall during the entire tenure I had a holistic approach of how the Film fraternity functions and gained the legal and commercial knowledge of each and every aspect involved in the Filmmaking business in India.
Thus by the year 2010 I was sure that I would pursue a career in my lifetime in the Media and Entertainment industry as it was very challenging and vulnerable. Being very hard working and a person who is open to learning new things happening in the industry along with multitasking and managing numerous verticals in the company made me an all-rounder in the media and entertainment industry. All this was possible due to the support of my seniors and friends which I had made whilst working in Adlabs Films.
Given your diverse educational background, how have your experiences at Southwestern Law School, NALSAR University and Mumbai University contributed to shaping your legal career, especially in the entertainment sector?
I graduated in Law from Mumbai in the year 2007 wherein my major subject was Intellectual Property. At that time I thought that field was much more exciting and challenging to be a part of. Back then, the Entertainment and Media Industry in India was not as structured as it is today and people worked with each other based on the relations amongst them. However, it was later that this industry evolved with the agreements and contracts and commercial deal structures. Hence there was a need to further study the market and the laws in depth to cater to this industry. Hence, I later went to pursue her Post Graduate Diploma from Nalsar University, Hyderabad.
In this PGD Course I got a chance to study the laws governing the content which is circulated through cable and radio in India along with the advertisement codes applicable on brands. This was an in-depth study of the laws and real life examples prevailing in the media and entertainment industry. Thus, I completed the course in 2011.
However, post that when I was working for another media company in Mumbai which was dealing with Hollywood studios in Los Angeles, I realized the importance of learning the nuances of the legal framework prevailing in the US entertainment and media industry. Whilst working, I also wanted to learn about the various commercial aspects which are required in structuring the deals internationally.
Thus in the year 2012 I came across a law school named Southwestern Law School, Los Angeles which was providing a masters level 24 credits program in filmmaking, copyright law and commercial deal structuring in the media and entertainment sector. This was an 18 months course for international students who qualify to become a part of this course after passing the TOEFL exam and seeking the requisite score. After a long struggle of another year, I got myself enrolled into the course which commenced on/from January 2014 and graduated in May 2015.
During this course I have learnt and mastered the art and skill of drafting and executing agreements prevailing in the international media and entertainment market along with US Copyright Law. In this course I have learnt the nuisances of the Content Curating Industry. It was during this course that I learned to raise red flags in the script, train the production team and conduct due diligence of the underlying works of any original content and draft commercial agreements towards exploitation of each and every right which are embedded in the content.
Hence, by 2015 I had my qualifications and skills and abilities to take on the legal and commercial work in the media and entertainment industry in Mumbai. In the year 2016 India was also shaping up to acquire a lot of content to make films and/or web-series based on books, remake films into Hindi languages, commercially exploit and earn revenues through sale of theatrical and non-theatrical rights of the Film in India and worldwide. I had not only acquired all the knowledge through my education but also had hands-on experience by working as an In House lawyer for many companies, more particularly studios which were primarily into film making and distribution.
You’ve held key legal positions at prominent entertainment companies such as Eros International, Reliance Big Entertainment, and Phantom Films. Could you highlight some of the unique challenges you faced in negotiating and executing agreements in the dynamic world of film production, distribution, and intellectual property rights?
As an In House Counsel working for the Media & Entertainment Studios it is mandatory to firstly acquire all the intellectual property in the form of copyright embedded in the literary, musical, sound recordings and dance works from the original author of the work. The structuring of the deals are done in such a way that each and every person working on the content is engaged by the producer on work made for hire basis and in lieu thereof the producers have to pay off the monies to these cast and crew people.
On an average we as lawyers have to draft, review and execute more than 100 agreements and contracts on one film or web-series. Most of the crew i.e. the below the line agreements consisting of secondary cast, production artists are templatised and are on automated mode, thus executing them is always a fast track process. On the other hand writer, director and actor agreements are extremely critical to draft and execute as there are numerous clauses to be drafted in the same. The clause needs to ensure that all the intellectual property in terms of copyright and trademark are firstly acquired by the producer and then safeguarded in a diligent manner. Whilst drafting these agreements we as the lawyers representing the producer ensure that the intellectual property existing not only now but in future is also acquired for exploitation. These agreements are more than 15 pages which capture clauses like name, recitals, obligations, consideration, credits, termination, consequences of termination, representation and warranties, indemnity, miscellaneous etc. along with the annexures.
The unique challenges to close these agreements are to get all the lawyers representing the respective talents on the same page and align with the business understandings of the project. Most of the clauses are not acceptable by the producers as the demands from the talents are much more which are beyond the given approved budgets. Hence we either get on con-calls or sit across the table with the lawyers of the actors, writers, directors and musicians to arrive at a consensus wherein all the parties can amicably agree with each other and get the clauses drafted accordingly. Once all the parties have given their approval on all the clauses then the final approved version of the document is circulated amongst all the parties for confirmation and then proceeded towards execution thereof.
The other challenge is that a lot of time goes in negotiating these clauses and commercial understanding of the deal with the lawyers of these talents. We have spent at times more than 10 human hours in a single day negotiating these agreements and turning it around for execution within the next 36 hours. These are the times when our skills and abilities to deliver our work along with people handling skills are being put to test. At no point in time can we afford to lose our patience or get aggressive with the opposite party lawyers as media and entertainment is a very close knit industry and we have to work with such people time and again.
As a Partner at JP Legal Corp, you’re deeply involved in content production agreements and project viability assessments. How do you navigate the delicate balance between creative freedom and legal constraints in the entertainment industry?
JP Legal is best known for providing its clients end-to end services i.e. from Script to Screen.
JP Legal provides personalised services to its clientele wherein its involved in the processes of content making right from the time the literary works for such content is being developed by the writer which is engaged by the Producer.
Once the first draft of the script is being developed JP Legal reads the same and points out the red flags i.e. if there are any names of real persons mentioned in the script, branded products are showcased in the story line, any third party copyrighted materials (i.e. paintings, news footages, photos, music) are used in the script. This is done to ensure that none of the third-party copyrights are infringed in the script. Further in the event any footage, paintings, music is forming a part of the story line, then JP Legal initiates the License Agreements with the copyright owner and producer of the content and legally acquires the license to showcase such third-party material in the content.
Once the final draft of the script along with the above necessary changes suggested by JP Legal is locked by the Producer, then JP Legal trains the production team about the Dos and Don’ts to be followed whilst actual filming of the content to avoid any third-party copyright infringement issues.
In the meantime, whilst the script is getting locked and pre-production period of the content is under process, JP Legal drafts, reviews and executes all the Above the Line Agreements (i.e. Agreements for the Writers, Actors, Director, Head of Departments) and Below the Line Agreements (i.e. remaining crew) and hands it over to the production house. Under these agreements the obligations, representations and warranties of each cast and crew is detailed in depth and all the intellectual property is acquired by the Producer from them in universal perpetuity in lieu of the agreed consideration.
Since Producer can be the assignor of the exploitation rights of the Content, JP Legal also drafts, reviews and executes agreements for Theatrical Distribution Rights of the Film, Non-Theatrical Distribution Rights Agreements like Satellite Rights, OTT Rights, Music Rights etc. with third parties. All these agreements ensure that the content is commercially exploited on every available window worldwide.
The new area of focus and revenue generating window for any content produced is the over-the-top platform. In the year 2020 when the world was hit due to the Covid19 Pandemic OTT’s role became more significant in India as the audience had no other source of entertainment sitting at home.
The top 3 OTT Players are Prime Video, Disney Hotstar and Netflix, other Indian OTT players are Zee5, SonyLiv, Voot, JioTV, Alt Balaji and many others. On an average these OTT platforms require a new show every fortnight of the month in order to cater to the audience of every genre quenching their viewing thirst and keeping them engaged and holding on to the respective content available on the OTT platform.
Most of the OTT players prefer to have content which is based either on the books, real life stories, old TV shows etc. So, the OTT platforms acquire the requisite rights for developing these web-shows from the book publishers, real persons on whom the show is being made or from the satellite companies with whom the old TV show rights are acquired accordingly. If the OTT platforms have any slightest doubt about any underlying rights not being cleared then they will not showcase such content.
Most of the clientele of JP Legal are now inclined towards making content for the OTT platforms, hence at each stage JP Legal is involved with their clients to produce the content as required by the OTT Platforms in accordance with their rules and regulations. In order to be a support system to the clients towards production of the content for OTT Platforms, JP Legal has to from time to time be abreast with the applicable laws of the land and the current market scenario as we not only are a legal function but extend our support to commercial aspects of the content to ensure that the producer earns maximum revenues from the production of such content.
In the Indian content creation industry, a writer is usually considered the most important person to create intellectual property in literary works. Thus, when an audio-visual content piece is developed, JP Legal ensures that a writer’s agreement (s) is elaborately drafted and executed to ensure that the writer has written the original script for the audio-visual content. But, of course, unless the script/story is an adaptation from a book or is a derivative work developed based on original content, then such aspects are in depth captured in the writer’s agreement. Similarly, music composers who create musical works, directors directing the content and the actors who are also part of embodying artistic works are important copyright owners of the works. Thus JP Legal ensures all the assignment of the intellectual property rights stemming from their work is assigned to the Producer.
In the event any of our client is interested in producing a content based on the published Book or remake the content in another language, then we at JP Legal conduct a thorough due diligence of the chain of title on all the underlying materials of the original content is clear from any third-party infringement ensuring that all the intellectual property rights are flowing well from the original author/creator to the final exploiter/producer. Thus, to ensure the same, JP Legal will draft and execute numerous rights acquisition agreements to acquire the original rights from the original copyright owner or author.
As mentioned above JP Legal is appreciated by all their clients because there is JP Legal’s legal and commercial in-depth involvement in each and every content which is created by its client, unlike other law firms who only provide a production pack to their clients. This really sets JP Legal apart from all the other law firms.
Whilst JP Legal ensures that the creative bend of the director is always safeguarded with the legal implications and regulations to ensure that there are no future litigations on the project and all rights of the project are safeguarded and well exploited in universal perpetuity by the producer and recoup all the investments made towards the content in a diligent and timely manner.
Throughout your career, you’ve received several awards, including being recognized as the Best IP Lawyer among 100 Female Lawyers in India. Can you share the significance of these accolades and how they have impacted your approach to your legal work?
I have been very obliged and humbled to every fraternity for rewarding her the awards and accolades for the work done by me in the media and entertainment industry over the last 17 years. From 2019 when I was an In house Senior Manager at Phantom Films and later at Reliance Entertainment Limited, I have been a speaker at many Intellectual Property Forums in India and also had made submissions of my yearly work done to the respective fraternity to qualify for such awards. Thus to be a speaker on the panel the person has to have in-depth subject matter knowledge and confidence to speak on the stage. With the help of my seniors at work and colleagues I had gathered the strength to be on the panel with other renowned IP lawyers. These fraternities conduct a deep research about my profile and work and my speaking skills and then qualify my profile for the awards.
In the year 2023 I was also awarded the 40 under 40 Rising Star Award by Legal Era forum, JP Legal Corp. have been awarded the Lex Falcon Award in Dubai and many more. These awards and accolades always push a person to work hard and achieve their dreams and take a step towards success and get recognition amongst the legal fraternity.
This year has given me an immense pleasure as Legal500 has once again ranked me as a Leading Individual in the TMT Category – India – Mumbai Focus, this ranking means a lot to me as after extensive research and scrutiny this title is being given to a lawyer. Further JP Legal Corp. has also been ranked in the Tier 2 – TMT category & Tier 3 for IP category for India – Mumbai focus for the year 2024. The Legal500 accolade is considered as epitome for me as it elevates me and the law firm over and above other existing firms.
Your social media presence is quite extensive. How has leveraging platforms like LinkedIn contributed to your professional growth, networking, and perhaps even attracting opportunities in the legal and entertainment domain?
In today’s day and age social media is a blessing for all the lawyers as the pace at which they can connect with the legal fraternity and clients is immense. On Linkedin we also reach out to lawyers who are working in the intellectual property area like trademark, patents and seek their advice as and when required for our projects. Also through LinkedIn we come to know about the current employment opportunities prevailing in the legal fraternity and if we have a candidate for the same then we surely reach out and put in a word for the candidate with the employer.
Further, through the LinkedIn portal, I have been very fortunate enough to connect with the various forums or groups who conduct intellectual property seminars across India. Once connected with these forums subject to my availability and the topics being discussed at the seminars, I participated as a panelist for one of the sessions hosted by these forums. Also time and again my profile has been shortlisted for many accolades and awards which through the LinkedIn portal is being publicised and known to the world.
A few reputed law firms practising intellectual property rights and these law firms on a weekly or fortnightly basis issue magazines which mentions about prevailing laws, latest judgements and litigations prevailing in the media and entertainment industry and they also upload the same on Linkedin. I also follow most of these law firms on LinkedIn and keep myself updated about the media and entertainment industry.
Lastly, over the years I have been conducting numerous legal and business workshops in the law schools at Mumbai, Hyderabad and have taught the students about copyright law, drafting agreements and nuances of media and entertainment business. Through the LinkedIn chat box these students also get a chance to interact with me and ask their concerns and seek career guidance for themselves. I surely respond to each one of them as and when time persists.
Thus LinkedIn is a great social media platform for professionals to showcase their career progress, achievements, accolades and seek information on various related topics. I make sure that my LinkedIn profile is well updated and intact with the latest information and news related to herself and JP Legal Corp.
Considering your achievements and experiences, what advice would you give to recent law graduates aspiring to make a mark in the field of entertainment and media law, or law in general?
Today’s generation has a lot of advantages of having access to a lot of social media platforms which provides them with a lot of knowledge and current information. Over the period of years and working experience I have realized that a person has to be evolving with the time and have a complete control and know-how of its surroundings along with current legal and technical knowledge of gadgets.
When I conduct the workshops in the law schools, I emphasize and encourage the students who want to pursue media and entertainment law to firstly study contract act and copyright act in depth, along with that have a fair idea about trademarks and patents. These students should be inclined towards drafting, vetting, negotiating and executing agreements prevailing in the media and entertainment sector. If a student wants to join a studio or production house, firstly that student should acquire knowledge about the businesses conducted by such a company and have a hands down experience in knowing the different types of agreements which will be executed for a particular deal.
In the media and entertainment sector the law students should understand that more than legal knowledge this industry functions based on mutual trust and confirmation between the parties and also respect and value the sentiments of the persons creatively involved in the process of content making, thus firstly the student should have people’s management skill within themselves. Also this industry is very volatile and growing thus the student should be open to learning the new aspects of the business and be able to cater to the same.
Lastly, this industry has no fixed working hours, hence the student should be completely passionate about the industry to work for long hours. Students should have knowledge about the business and have zeal towards working in the industry. To their seniors this will showcase their sustainability in the industry. Also this industry requires a lot of hard work and one should be ready to give their best towards the legal work. Always keep yourself updated with the latest judgements, industry know-how, local laws, commercial deals happening across the industry all this will provide skills and abilities to negotiate the deals in better manner and get the best commercials for the clients.
Can you share the pivotal moments or experiences that led you to pursue a career in law, specifically specializing in Intellectual Property Laws?
It is said that every person has their own destiny. I had come to Delhi to crack Civil Services. Failure to crack civil services pushed me to try law. It is also true that the interest of the students in particular subjects depend upon the teacher teaching the subject. While pursuing law in Campus Law Centre, University of Delhi the discussions and interactions were very interesting, engaging and different from all the other subjects. That is what piqued my interest in the IP laws and how I decided to pursue my career in IP. My interest further grew when I started PG Diploma in Intellectual Property from Indian Law Institute and then I saw how important it was to protect ideas and creations. This realization further motivated me to explore IP laws.
This journey has not only shaped my career goals but also fueled my passion for advocating the significance of intellectual property. I am eager to use my legal skills to support and defend the innovations that drive our society forward.
Given your extensive experience in handling more than 200 litigations, could you highlight a case that significantly shaped your approach to legal practice or left a lasting impression on you?
One time, during the early days of my career, I was appearing before a Single Judge of Hon’ble Delhi High Court in an appeal against the order of the Copyright Board. I was assisting my senior who was to argue the matter and was thoroughly prepared with the matter myself. However, when the matter was called, my senior was before another court appearing in another matter. The Passover request was declined by the court and I was asked to argue the matter. I was a bit nervous but presented the facts of the case with energy. However, the Ld. Judge wanted to hear from me the application of ‘Principle of Comity’ to the case which I was unable to. The Ld. Judge then not took the time to explain the principle but also taught the same to me like a teacher. The Ld. Judge definitely sympathized with a junior caught off-guard but that experience taught me that it is not sufficient to only know the facts of your case. It is also important to know how the law applies to those facts and that there is a manner in which laws and facts should be presented before the court for understanding of the judge. I have never forgotten the ‘Principle of Comity’ since and have applied the judgment passed by the Ld. Judge in my favour in various cases handled thereafter.
You’ve been involved in various contentions cases related to trademarks, copyright, and designs. What drew you to these specific areas within Intellectual Property, and how have you seen these fields evolve over your 15 years of practice?
I was drawn to specializing in trademarks, copyright, and design within intellectual property because of their dynamic nature and the real-world impact they have on businesses and creativity. These areas require a delicate balance between protecting original ideas and allowing for innovation and competition.
Over my 15 years of practice, I’ve witnessed significant evolution in these fields. The advent of the digital age has transformed the landscape of IP laws. During my journey, just as an example, I have seen issues about exhaustion of rights in physical sale of products raised for the first time. We then reached an era of online sales and issues such as those of intermediaries and jurisdiction in cases of online sales etc. cropped up before the courts and now, we are discussing the impact of AI in all domains. The changes are not only with respect to the law but also the procedures before the courts. The advent of Commercial courts, special IP Division, digital filings etc. have also made litigation for litigators and litigants hassle-free.
The ever-changing technological and business landscape continually presents new challenges, making it imperative to stay at the forefront of legal developments. I find it both professionally rewarding and intellectually stimulating to navigate these complexities and contribute to the evolving dialogue within IP laws.
Being a regular guest on All India Radio and a guest faculty at the Indian Law Institute, can you tell us about the role of education and public outreach in your legal career and how it contributes to your professional growth?
Being a regular guest on All India Radio and serving as a guest faculty at the Indian Law Institute apart from various other Universities has been instrumental in shaping my legal career.
Engaging with the public through All India Radio allowed me to simplify legal concepts and make them accessible to a broader audience. My appearances at the AIR were not only limited to talking about IP Laws but also on various other laws which are relevant for socio-economic conditions of society.
As a guest faculty at universities, I have the opportunity to interact with aspiring legal professionals. Teaching not only allows me to share my practical experiences but also keeps me abreast of the latest developments in legal academia. The exchange of ideas with students fosters a two-way learning process, enhancing my own understanding of legal principles.
These educational and outreach activities complement legal practice providing a unique perspective about various issues and challenges faced by students and members of the public which I might not have the opportunity to otherwise encounter.
You’ve been a panelist at the Conclave of Dharmashastra National Law University on the topic of AI and Intellectual Property. How do you see emerging technologies impacting the field of law, specifically in Intellectual Property, and what challenges and opportunities do you foresee?
As a panelist at the Conclave of Dharmashastra National Law University on AI and Intellectual Property, I had the privilege of discussing the impact that emerging technologies have on the field of law, particularly IP. The intersection of AI and IP presents both challenges and opportunities.
The advent of AI has streamlined certain aspects of IP processes, such as patent searches and prior art analysis, significantly enhancing efficiency. However, it also raises challenges in addressing issues like AI-generated creations and the attribution of intellectual property rights.
Opportunities lie in leveraging AI for more robust IP protection mechanisms and the development of innovative solutions to combat piracy and infringement. Additionally, the use of AI in data analysis has proven invaluable in identifying patterns of IP violations.
On the flip side, challenges include the need for updated regulations to address the unique aspects of AI-generated content and the ethical considerations surrounding AI in the legal landscape. Striking a balance between fostering innovation and safeguarding IP rights in this evolving technological landscape is a complex but essential task.
Overall, embracing these technological advancements is crucial for the evolution of IP law, and navigating these challenges presents an exciting opportunity to shape a more resilient and adaptive legal framework.
Having conducted numerous civil and criminal raids, can you share a particularly challenging enforcement situation you encountered and how you navigated through it?
There was a civil raid in Meerut in around 2014 which comes to my mind. I along with a court appointed Commissioner was visiting a wholesaler engaged in the sale of infringing coffee. Initially, we went to the police station wherein we were declined assistance. However, considering the Commissioner had orders from the Court and there were chances of goods being removed now, since we had given information to the Police, we reached the premises directly. The entire process was obstructed and delayed by the female family members of the shop owner and during that period several nearby shopkeepers and market leaders gathered. We were surrounded by around 80-100 people who all turned aggressive and did not allow us to conduct the seizure or even go back to our car. I then spoke to the president of the market association who was leading the mob and explained to him that the infringing activity that the wholesaler was involved in was not only harming the reputation of the client but the low quality products being sold by the party was also being consumed by the public including the families of various members of the mob. After some explaining and a cool temper kept by us throughout, the mob allowed us to invent the stock, prepare a report and leave without seizing the products.
Though I must add, not all civil and criminal raids have such interesting stories. While this story does not paint a pretty picture of how sometimes civil or criminal actions turn out, this also reminds me of how a calm mind, quick thinking and easy communication can help you overcome challenging situations.
As a lawyer with strengths in team management, litigation, and public speaking, how do you balance these diverse skills in your day-to-day practice, and which aspect do you find most fulfilling?
As a lawyer and working with an esteemed organization one learns to strike a balance between these and various other aspects of being a professional. In my view, the job of a lawyer demands an all-round capability and one is tested everyday with challenges on these fronts. It is not only required of me to manage the team or prepare for various court cases or attend public speaking sessions but also to participate in other activities such as management of the Firm, attending conferences for business development etc.
Delegating responsibilities, ensuring clear communication, and fostering a collaborative environment are all aspects of managing a team which will run as a well-oiled machine. This allows me to streamline workflows and gives me the chance to undertake other works and projects. In order to achieve the same, a robust motivated team is a must. It is my philosophy that my team should pass on the complete knowledge which I possess in all fields, and that is one of the most fulfilling experiences as a professional. I also ensure that my team is motivated and properly trained to effectively complete the delegated works which not only allows me time for other endeavors but also allows them to grow independently.
Litigation requires meticulous preparation, attention to detail, and the ability to think on my feet. Prioritizing tasks, managing timelines efficiently, and staying adaptable to the evolving nature of legal proceedings are the pillars of effective advocacy. On the other hand, public speaking allows me to not only advocate for my clients but also contribute to legal education and public understanding of the law.
Looking back at your journey from law school to moderating a topic at INTA in Atlanta in 2024, what advice would you give to fresh law graduates aspiring to specialize in Intellectual Property or follow a similar path in their legal careers?
My advice to the fresh law graduates aspiring to specialize in IP or pursuing a similar path would be to (i) Build a Strong Foundation by focusing on learning and gaining practical experience in initial years of practice; (ii) Keep yourself updated with the latest legal developments and familiarize yourself with technological tools used in the legal field; (iii) Develop Communication Skills as effective communication, both written and verbal, is crucial for a lawyer. This also includes honing your networking skills which open up various opportunities for one; (iv) Be flexible to adapt to the demanding situations and conditions of the profession.
Remember, each step contributes to your growth, and perseverance is key in building a successful career.
