This interview has been published by Namrata Singh and The SuperLawyer Team
Can you share with us how your journey in the field of law began after graduating from the Army Institute of Law, Mohali? What initially drew you to Intellectual Property law? And we would also love to know what inspired you to make a career in Law.
I graduated from the Army Institute of Law in 2012 and began my career at S.S. Rana and Associates that same year, working under the guidance of Mr. Vikrant Rana. Mr. Rana’s extensive knowledge and experience in intellectual property law left a lasting impression on me. Although my work initially focused on the opposition department, I gained valuable insights into strategy, meticulous drafting, and vetting of written pleadings from him and my dearest colleague, Ms. Meenal Khurana. What I cherished most during my time at the firm were the friendships I formed, many of which I still hold dear. They say the friends you make at your first workplace remain for life, and in my case, it holds.
Law wasn’t my first career choice; I dreamt of becoming a chef. Life, however, had different plans. I’ve always been the type to question things, to ask too many questions, as those who know me can attest. So, naturally, law felt like the perfect fit for someone like me. Plus, I’ve developed a knack for delving into the nitty-gritty details, over-researching, and finding solutions – it just clicked.
Entering the field of intellectual property law was a stroke of luck. I developed a passion for IP during my college years, but it wasn’t until I joined S.S. Rana that I truly fell in love with it. The dynamic nature of IP law presents new challenges and opportunities for learning every day. They say, “Every day is an opportunity to learn something new. Embrace it, cherish it, and let it inspire you.”
You spent eight years at Saikrishna and Associates working with the Trade Marks Prosecution Team. What are some of the most significant cases or projects you worked on during this period? Also could you please share insights on your time at Saikrishna & Associates?
After a rewarding tenure of less than two years with S.S. Rana, I joined Saikrishna and Associates in 2014, where I had the privilege of working under the exceptional guidance of Mr. Pushpam Jha. Mr. Jha’s profound knowledge and unwavering support in prosecution practice were instrumental in my professional growth. Under his mentorship, I gained comprehensive exposure to trade mark, copyright, and design prosecution.
Initially joining as an Associate, I was promoted to Senior Associate in 2018 and remained with the firm until 2022. During this period, I worked with a diverse clientele across various sectors, including media and entertainment, FMCG, beauty, and pharmaceuticals.
One of the most memorable experiences was managing a significant portfolio for a cosmetic client grappling with extensive infringements. This involved addressing identical applications not only within the core class but also across multiple other classes. I played a pivotal role in strategizing, clearing the Trade Marks Register, and maintaining vigilant oversight of potential infringements. This experience was incredibly enriching, providing me with profound insights into portfolio management and strategic enforcement.
Another notable project involved an international portfolio in the automobile sector, encompassing over 800 marks. When the portfolio was handed over to me, it was fraught with challenges. My team and I dedicated several months to addressing and resolving these issues, ultimately streamlining the portfolio and enhancing its global compliance. This endeavour significantly bolstered my confidence and broadened my understanding of international trademark laws.
At Ashwathh Legal, your expertise expanded to include media, entertainment, and publishing. How have you navigated these new domains, and what unique challenges have you encountered?
With nearly a decade of experience in intellectual property prosecution, I recognized the importance of evolving and broadening my professional horizons. The vast expanse of knowledge in the field offers endless opportunities for growth and development.
Building on my background in IP, I have ventured into advising production houses on potential projects and representing authors to safeguard their rights. This transition has not only extended my professional reach but also enriched my understanding of the industry. Engaging with these new facets of IP has provided me with a broader perspective and a more comprehensive skill set, allowing me to contribute effectively across diverse areas within the field.
Given your experience with global trademark prosecution, what are some of the biggest challenges you face with cross-border IP issues, and how do you address them?
One of the most significant challenges we encounter in international trademark practice arises from differing jurisdictional principles, particularly between “first-to-file” and “first-to-use” systems.
In India, which follows a common law tradition, the “first-to-use” principle prevails. This means that if you can provide evidence of the first use of a trademark, you generally hold superior rights to that mark. In contrast, many countries operate on a “first-to-file” basis. In these jurisdictions, the right to a trademark is granted to the first party to apply, regardless of who used the mark first.
This discrepancy often leads to difficulties, especially in jurisdictions like China and Nepal, where “first-to-file” rules can pose substantial challenges. If another individual or entity files for your trademark in such countries, it becomes significantly more difficult to secure registration or to expunge the mark.
To mitigate these challenges, I always advise my clients to allocate a separate budget for these jurisdictions. This proactive approach helps in managing potential risks and safeguarding their trademark rights effectively.
Can you share any specific strategies or practices you use to maintain a healthy work-life integration, particularly as a working mother in a demanding profession?
Balancing a demanding career as a lawyer with the responsibilities of being a parent is an incredibly complex challenge, and finding a true equilibrium can be elusive. The nature of legal work often requires long hours and flexibility, and this can be especially difficult when unexpected situations arise, such as a child’s illness or urgent court deadlines.
Becoming a mother has deepened my understanding of the difficulties involved, which are often only fully appreciated once experienced firsthand. While it’s easy to acknowledge the challenges from the outside, living them is a different reality.
As a lawyer, the work often lacks clear timelines or boundaries, making it a continuous commitment. I am still navigating this balance and learning to prioritize effectively. Each day presents new challenges, and the key is to focus on what is most important at any given moment.
Being a single parent adds another layer of complexity, making the balancing act even more demanding. Despite the difficulties, I am committed to managing both roles as best as I can, continually adapting to meet both professional and personal priorities.
As a leader and mentor in your firm, what qualities do you believe are essential for nurturing the next generation of lawyers? Additionally, what specific qualities do you look for in interns or fresh graduates when selecting them to join your team?
As a mentor and leader, I believe that patience is essential, especially when guiding new team members and interns. It is important to provide them with the time and support they need to learn and grasp concepts thoroughly. I also encourage them to cultivate their own patience and to approach their learning with a focus on accuracy and understanding.
Equally important is the ability to listen to colleagues and to ask questions whenever something is unclear or seems amiss. Learning is a continuous process, and there may be aspects that even I am not fully aware of. Encouraging a culture where questioning is welcomed and valued helps everyone grow.
I seek individuals who are not only eager to learn but also possess the courage to challenge the status quo and think outside the box. A willingness to question and innovate is essential for both personal and professional development.
What are some personal and professional milestones that you are particularly proud of, and how did you achieve them? Also what are your aspirations for your career and for the growth and development of Ashwathh Legal?
Personal Milestones: I take immense pride in having the strength to stand up for myself and make the difficult decision to leave a broken marriage. Choosing to create a better environment for my child, away from a fractured home, was a significant step toward ensuring her well-being and future.
Professional Milestones: For me, success isn’t defined by awards or titles. Instead, I measure my growth by the knowledge I’ve accumulated and the respect I earn from my peers. If colleagues and former associates feel comfortable reaching out to me for guidance and value my input, that signifies true success. Knowing that I am approachable and that positive things are said about me behind my back reaffirms my belief that humility and respect are the real markers of achievement.
I am proud of the professional reputation I’ve built and strive to continue being this person—one who values knowledge, approachability, and mutual respect.
Have you been involved in any pro bono work or community service related to your field, and if so, can you share some experiences and their impact on you and the community?
I often provide free advice on trademarks, whether to paying clients or those who may not be in a position to engage my services financially. My primary goal is to offer accurate and helpful guidance rather than focusing solely on monetary compensation. I believe that the value of my experience and knowledge extends beyond just earning money.
Sometimes, it’s more important to be a good person and contribute meaningfully to others’ understanding than to prioritize financial gain. By consistently offering sound advice and support, I uphold the true purpose of my expertise and maintain a commitment to helping others.
How do you balance the traditional aspects of Intellectual Property law with the increasing importance of digital IP, such as domain names, online content, and digital media rights? Also Can you share any innovative practices or approaches you’ve implemented in your work?
Balancing traditional aspects of IP law—such as trademarks, copyrights, and patents—with the growing significance of digital IP involves integrating both domains into a cohesive strategy. Traditional IP rights provide the foundation for protecting brand identities, innovations, and creative works, while digital IP covers newer challenges related to online content, domain names, and digital media rights.
Unified Strategy: I maintain a comprehensive IP strategy that includes both traditional and digital elements. For instance, when handling trademarks, I ensure that registration and protection extend to relevant digital platforms, including social media and domain names.
Cross-Disciplinary Knowledge: Staying updated on the latest digital trends and legal developments is crucial. I continuously educate myself on emerging issues such as digital rights management (DRM), online content distribution, and cybersecurity to address new challenges effectively.
Integrated Approach: In practice, I integrate traditional IP protection with digital strategies. For example, I may combine trademark registration with domain name monitoring and enforcement to ensure a client’s brand is safeguarded across both physical and digital spaces.
Innovative Practices and Approaches:
Digital Monitoring Tools: Implementing advanced digital monitoring tools has been a game-changer. These tools help in tracking unauthorized use of trademarks, domain name squatting, and infringement of digital content across various platforms. Real-time alerts and analytics enable prompt action and mitigation.
Block chain for IP Protection: Exploring block chain technology for IP protection has been an innovative approach. Block chain can offer secure and transparent records for copyright ownership and transactions, reducing the risk of piracy and unauthorized distribution.
Collaborative Platforms: Utilizing collaborative platforms and legal tech tools for IP management enhances efficiency. These platforms streamline processes for managing IP portfolios, conducting due diligence, and coordinating with international counsel.
Educational Workshops and Webinars: Conducting workshops and webinars for clients and colleagues on digital IP issues helps in raising awareness and providing practical insights. These sessions cover topics such as digital rights management, social media IP enforcement, and best practices for protecting online content.
Customized IP Solutions: Offering tailored IP solutions that address both traditional and digital aspects ensure comprehensive protection. For instance, creating specific strategies for digital content creators, e-commerce businesses, or tech startups helps in addressing their unique needs and challenges.
When developing Intellectual Property strategies for clients, what factors do you consider to ensure their brands are not only protected but also positioned for growth and sustainability?
Understanding Client Objectives and Market Position:
Business Goals: Align the IP strategy with the client’s overall business objectives. Whether they aim for market expansion, product innovation, or brand differentiation, the IP strategy should support these goals.
Market Analysis: Conduct a thorough analysis of the client’s industry, competitors, and market trends. Understanding where the client stands and where they aim to go is crucial for crafting a strategy that supports growth.
Comprehensive IP Protection:
Trademarks: Ensure that trademarks are registered in all relevant jurisdictions and classes to cover the client’s products or services. Consider protecting variations and related brand elements to avoid potential conflicts.
Patents: For clients with innovative products or technologies, secure patent protection to safeguard their inventions. This includes evaluating patentability, conducting freedom-to-operate analyses, and considering international patent filings if applicable.
Copyrights: For creative works such as software, literature, or artistic content, ensure proper copyright registration and enforcement strategies to protect against unauthorized use and infringement.
Designs: Protect unique product designs through design patents or industrial design rights as appropriate.
Digital and Online Presence:
Domain Names: Register relevant domain names, including variations and common misspellings, to secure the client’s online identity and prevent cybersquatting.
Social Media: Develop a strategy for protecting the brand across social media platforms. This includes monitoring for unauthorized use and addressing potential conflicts promptly.
Digital Rights Management (DRM): Implement DRM strategies to safeguard digital content and ensure compliance with licensing agreements.
Growth and Expansion Planning:
Geographic Expansion: Consider the client’s plans for international expansion and ensure IP protection strategies are adaptable to new markets. This may involve registering trademarks, patents, and copyrights in additional jurisdictions.
Product Line Diversification: Plan for future product or service diversification by evaluating and protecting new innovations or brand extensions. This helps in maintaining a strong IP portfolio as the business evolves.
Risk Management and Enforcement:
Monitoring and Enforcement: Implement monitoring systems to track potential IP infringements and unauthorized use. Develop enforcement strategies to address violations effectively, including legal actions if necessary.
IP Audits: Regularly conduct IP audits to assess the strength and coverage of the IP portfolio. This helps in identifying potential gaps and ensuring that IP assets are managed effectively.
Leveraging IP for Business Development:
Licensing and Partnerships: Explore opportunities for licensing IP assets or forming strategic partnerships. Licensing agreements can generate revenue and expand market reach, while partnerships can enhance brand visibility and growth.
IP Valuation: Assess the value of IP assets for purposes such as fundraising, mergers, or acquisitions. Understanding the economic value of IP can support strategic business decisions.
Compliance and Ethical Considerations:
Legal Compliance: Ensure that the IP strategy complies with local, national, and international IP laws and regulations. This includes adhering to legal requirements for IP registration and protection.
Ethical Practices: Maintain ethical standards in IP enforcement and management. Avoid aggressive litigation tactics and focus on constructive resolution of disputes.
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