Super Lawyer

Tag: Intellectual Property

  • “The legal profession has allowed me to channel my strengths and values into a career that is both challenging and rewarding.” – Prachi Gupta, Founding Partner at P.A.M.S. LEGAL.

    “The legal profession has allowed me to channel my strengths and values into a career that is both challenging and rewarding.” – Prachi Gupta, Founding Partner at P.A.M.S. LEGAL.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    With over a decade of experience in the legal field, what initially inspired you to pursue law as a profession? What were the key factors that influenced your decision to enter this career path?

    From a young age, I found myself deeply intrigued by the concepts of justice and fairness. The initial spark that inspired me to pursue law came from observing how the law could be a powerful tool to bring about positive change and ensure that everyone’s voice is heard. I remember watching courtroom dramas in old Hindi movies and reading about the interesting cases that shaped history. These moments left a lasting impression on me and fuelled my desire to become a part of that world.

    Several key factors guided my decision to enter the legal field:

    Growing up, I always felt a strong sense of justice and a desire to stand up for others. The thought of helping individuals navigate the complexities of the legal system and fight for their rights was incredibly motivating.

    Law offers a unique blend of intellectual rigour and continuous learning. I was drawn to the challenge of analyzing complex issues, crafting persuasive arguments, and staying updated with ever-evolving legal precedents. The idea of using my analytical skills to solve real-world problems was both exciting and fulfilling.

    At the core of my decision was a genuine desire to make a positive impact on society. Whether through litigation, policy-making, or community outreach, I wanted to contribute to creating a fairer and more just world. The ability to influence meaningful change and help those in need was a driving force behind my career choice.

    Throughout my journey, I was fortunate to have mentors and role models who embodied the values I aspired to uphold. Their dedication, integrity, and unwavering commitment to justice inspired me to follow in their footsteps. Their guidance and encouragement played a pivotal role in shaping my path.

    Ultimately, my decision to pursue law was a combination of personal passion, intellectual curiosity, and a heartfelt commitment to making a difference. The legal profession has allowed me to channel my strengths and values into a career that is both challenging and rewarding.

    During the early stages of your career, you had the opportunity to work with several esteemed advocates and law firms. What were some of the most formative experiences from this time that shaped your practice, and are there any particular moments or lessons that continue to inspire you today?

    Working with esteemed advocates and prominent law offices in the early stages of my career was an incredible learning experience that profoundly shaped my practice. One of the most formative experiences was my time at Anand & Associates, where I had the privilege to work on very interesting cases under the guidance of Mr. Sanjeev Anand, Senior Advocate and Mrs. Kajal Chandra, Advocate. Such experiences taught me the importance of meticulous preparation and attention to detail. Watching seasoned advocates dissect complex legal issues and craft compelling arguments was truly inspiring.

    Another pivotal moment was when I collaborated with Mr. Narendera M. Sharma, Advocate, a renowned figure in International Commercial Arbitration Laws. His mentorship and guidance were invaluable. He instilled in me the significance of ethical conduct and the need to uphold the principles of justice at all times. He often reminded me that behind every legal matter lies a person with real emotions and struggles, and it is our duty to represent them with compassion and integrity.

    Additionally, working with a diverse group of talented individuals, each bringing their unique perspectives and expertise, reinforced the idea that the best solutions are often the result of collective effort. This experience taught me the value of effective communication, mutual respect, and the power of a united team.

    Overall, these experiences have instilled in me the values of diligence, empathy, teamwork, and a steadfast commitment to justice. They continue to inspire and guide my practice, reminding me of the profound responsibility and privilege it is to be a legal professional.

    After gaining experience with various law firms and professionals, you chose to establish your own practice. What motivated you to take this step, and what were some of the key challenges you faced in building P.A.M.S. Legal?

    The decision to establish my own practice, P.A.M.S. Legal, was driven by a combination of personal ambition, professional growth, and a desire to create a firm that aligns with the values and vision of my other Partners of the Firm. After gaining valuable experience with various law firms and working alongside esteemed professionals, I felt a strong pull towards building something of my own—a place where I could fully integrate my principles, creativity, and client-centric approach. Key challenges included managing resources, establishing a reputation, handling administrative tasks, and attracting top talent. Despite these obstacles, building P.A.M.S. Legal has been incredibly rewarding and fulfilling.

    Given the diversity of cases you handle, including partition suits, trademark infringement, and contractual disputes, what are the critical issues you come across while handling cases related to trademark infringement?

    Handling trademark infringement cases involves several critical issues, including proving that the defendant’s use of the mark causes consumer confusion, ensuring the trademark is legally valid and registered, and gathering sufficient evidence of infringement. Defenses such as fair and bonafide use and prior use must be addressed, and it is essential to calculate and prove damages while seeking appropriate remedies. Navigating jurisdictional complexities and effectively enforcing trademark rights across various regions also pose significant challenges. These issues require a comprehensive and strategic approach to protect and uphold trademark rights effectively.

    In matters concerning oppression, mismanagement, and creditors’ winding-up procedures before the National Company Law Tribunal (NCLT), how do you approach these cases? Could you also share some of the more complex challenges you’ve encountered in Insolvency and Bankruptcy proceedings?

    When handling cases of oppression, mismanagement, and creditors’ winding-up procedures before the National Company Law Tribunal (NCLT), my approach is systematic and client-focused. I begin with a thorough analysis of the company’s financial health and gather detailed evidence to support claims. Crafting a robust legal strategy and ensuring clear communication with clients are essential steps. Effective negotiation and mediation skills are crucial to navigating these complex matters and achieving favourable outcomes.

    In Insolvency and Bankruptcy proceedings, we often encounter complex challenges such as accurate asset valuation, managing competing creditor claims, uncovering fraud and misconduct, and balancing the interests of various stakeholders. These challenges require a blend of legal expertise, strategic planning, and effective communication to navigate successfully.

    Could you share insights from some of the more intricate arbitration cases you have worked on, particularly those involving international or institutional arbitration? How do you manage challenges such as the enforcement of foreign arbitral awards? Additionally, as a trained mediator, what do you see as the future of Alternative Dispute Resolution (ADR) in India?

    Arbitration cases, especially those involving international or institutional arbitration, often present complexities such as jurisdiction issues, choice of law, and language barriers. Institutional arbitration requires adherence to specific rules and the careful selection of arbitrators, which can significantly influence outcomes. The enforcement of foreign arbitral awards is facilitated by the New York Convention, yet challenges persist with local court procedures and public policy considerations. 

    As a trained mediator, I envision a bright future for Alternative Dispute Resolution (ADR) in India. ADR methods, including mediation and arbitration, are gaining momentum due to the overburdened judiciary and the growing demand for quicker, cost-effective dispute resolution. In India, the growing popularity of ADR methods is driven by an overburdened judiciary and government initiatives aimed at promoting quicker, cost-effective dispute resolution. The future of ADR in India appears promising, with an increasing number of trained mediators and arbitrators and a focus on developing a more efficient and effective dispute resolution ecosystem. Government initiatives and legislative reforms are promoting ADR, with the Arbitration and Conciliation Act, 1996 (with recent amendments) and the Mediation Act, 2023, being a notable example.  

    Looking ahead, I foresee an increase in the number of trained mediators and arbitrators, which will enhance the efficiency and effectiveness of ADR processes. As ADR becomes more ingrained in the legal culture, it will provide parties with more amicable solutions and reduce the litigation backlog. Overall, the future of ADR in India is promising, with continued growth and improvement in the ADR ecosystem.

    What resources, tools, or methods do you use to stay informed about the latest developments in Intellectual Property Law, as well as in other areas such as civil and consumer law?

    To stay updated on Intellectual Property Law, civil law, and consumer law, I use:

    Legal Databases: Westlaw, LexisNexis, SCC Online, Manupatra, Casemine.

    Online Platforms: Bar & Bench, LiveLaw, SCC Online.

    Professional Networks: INTA, Bar Council of India.

    Government Websites: For legislative updates.

    Continuing Legal Education (CLE): Workshops, seminars.

    Social Media: Following legal experts and blogs.

    For law students or young professionals looking to specialize in Intellectual Property Law, what advice would you offer? What skills and qualities do you consider essential for success in this field?

    For law students or young professionals looking to specialize in Intellectual Property Law, I recommend building a solid foundation through relevant courses and practical experience, staying updated on legal developments, and engaging in professional networks. Essential skills include attention to detail, analytical thinking, research proficiency, strong communication, problem-solving abilities, technical knowledge (especially for patents), negotiation skills, and maintaining high ethical standards. These qualities will help you excel in the dynamic field of IP law.

    Get in touch with Prachi Gupta –

  • “To protect intellectual property in businesses, companies should adopt a proactive IP strategy that includes identifying the IP in various products, securing protection through timely registration of patents, trademarks, copyrights, and designs early on.” – Geetanjali Visvanathan, Partner at Ira Law.

    “To protect intellectual property in businesses, companies should adopt a proactive IP strategy that includes identifying the IP in various products, securing protection through timely registration of patents, trademarks, copyrights, and designs early on.” – Geetanjali Visvanathan, Partner at Ira Law.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    With nearly 16 years of distinguished experience in the legal field, what initially motivated you to pursue a career in law? Which aspects of the profession have resonated with you the most, and how did your time in law school contribute to shaping your legal journey?

    My taking up law as a career path was unexpected, considering that I had taken up science in 12th standard. While preparing for various entrance examinations, I was introduced to a book on law by my dad. The questions there sparked my curiosity, and I loved how everything was reason and logic based, which prompted me to pursue law.

    Law School provided a crucial foundation. I participated in moot courts during my college days, where I discovered the excitement of building a case, researching legal propositions, advocating and thinking from either side, and arguing the case before judges, which is ultimately what shaped my choices after law school. 

    Having completed your LL.M. at New York University with a focus on Competition, Innovation, and Information Law, what factors influenced your decision to choose this particular program and university? How has your experience at NYU shaped your career, and how has this advanced degree contributed to your professional growth?

    Having started my career in a top tier Intellectual Property Law firm, I always wanted to pursue an LL.M. in the same field. As NYU was offering an integrated course covering these subjects, I knew that was the right course for me given the new legal challenges that we face in the ecosystem of rapidly changing technologies. 

    My experience at NYU was extremely rewarding as it afforded me the opportunity to engage with lawyers from diverse backgrounds and jurisdictions. 

    At the outset of your career, you worked with a renowned firm. What were the key experiences during this time that significantly enhanced your understanding of the law, and how did these early experiences help shape your career trajectory? 

    I was fortunate to have had a diverse portfolio of matters early in my career which provided me with better and practical understanding of the various IP laws. Each case I worked on and every mistake I made were valuable learning experiences that contributed to my growth.

    I vividly remember my first case, which centered around infringement of an iconic and classic Bollywood film. Attention to detail in the documents proved pivotal in securing a favorable order for us – a learning that I have carried along till date. Similarly, each day in court is a new experience, which has helped me grow, and continues to teach me something new every single day. 

    With your extensive experience in negotiating and drafting music licensing agreements, how do you approach negotiations with international platforms such as Spotify, Apple Music, and TikTok? What challenges do varying jurisdictions present in these types of negotiations, and how do you navigate them?

    My approach to any negotiation, not just for music agreements, is to understand the four key elements of the deal and of the partners involved i.e. Who, What, Why, and How.

    First, identifying the ‘Who’ involves studying the counterparties and their role in the negotiation. For music licensing, this could be a music publisher, record label, or tech platform, each approaches a negotiation differently. 

    Next, understanding ‘What’ entails grasping the underlying technology or platform, including what the usage of music is like and what are the business needs and objectives of my client.

    The ‘Why’ pertains to why and for what purpose the legal rights are needed, such as copyright, mechanical rights, or sync or publishing licenses.

    Lastly, recognizing ‘How’ involves aligning the deal with your client’s business needs and objectives.

    By comprehensively addressing these factors, I have been able to navigate the complexities of music licensing negotiations.

    As a legal advisor to major media and entertainment clients like T-Series, how do you balance intellectual property protection with the evolving legal landscape surrounding IP in the entertainment sector?

    As outside counsel, it’s essential to align my thinking with the client’s objectives while ensuring compliance with the law. Technology is dynamic and constantly evolving and hence, the only solution is to deliver innovative, out-of-the-box solutions that bridge the gap between intellectual property law and the business needs of a client.

    Given your substantial expertise in advising clients on privacy and information technology laws, how do you evaluate the impact of India’s rapidly expanding digital economy on privacy regulations and intermediary liability issues?

    India’s growing digital economy presents both exciting opportunities and significant challenges in the areas of privacy and intermediary liability. As the country moves toward greater digitization, the sheer volume of personal data being generated and processed has increased multifold. This growth puts more pressure on privacy regulations to ensure that individuals’ personal information is adequately protected from misuse. There is also a greater need to ensure effective regulation in relation to collection, storage and sharing of personal information by various entities. The Digital Personal Data Protection Act, 2023 addresses some of these concerns on paper but only time will tell how the Act protects personal data.

    Regarding intermediary liability, digital platforms like social media, e-commerce, and content-sharing services face greater scrutiny nowadays on their role in regulating user-generated content. India’s digital economy requires privacy laws that are flexible and proactive, as well as clear guidelines on intermediary liability to ensure that platforms operate responsibly while fostering growth in the digital sector.

    With your experience in managing and leading teams of lawyers, what do you believe are the most essential qualities for driving strategic decision-making in complex legal matters, particularly those involving emerging technologies and cross-border negotiations? 

    The most essential qualities are a solid grounding in legal fundamentals, staying current with evolving laws and technologies, the ability to distill relevant facts from complexity, and strong teamwork and communication skills to align all stakeholders effectively.

    What advice would you offer to law students aspiring to build a career like yours, particularly in the fields of intellectual property and data protection? What skills or qualities do you consider crucial for success in these areas, and how can aspiring legal professionals best prepare for this path?

    My advice is to know the ABCs of the law you intend to practice. Don’t be afraid to make mistakes—just make sure you learn from them. Stay curious, not just about changes in Indian law but also global developments and never hesitate to ask questions. Attention to detail and analytical thinking are key. No one is perfect, but if you can harness these skills with consistency and a willingness to grow, you’ll be well on your way.

    Drawing from your extensive experience in resolving high-stakes litigation, what intellectual property strategies would you recommend to businesses particularly in the technology sector seeking to protect their IP while navigating the complex legal landscape in India?

    To protect intellectual property in businesses, companies should adopt a proactive IP strategy that includes identifying the IP in various products, securing protection through timely registration of patents, trademarks, copyrights, and designs early on. Having regular IP audits and clear licensing policies and systems in place and lastly, monitoring infringement including initiating swift enforcement actions. 

    Get in touch with Geetanjali Visvanathan –

  • “Success lies in understanding legal principles while addressing business complexities effectively.” – Rabindra Purohit, Vice President Legal, Compliance & Company Secretary at DFPCL.

    “Success lies in understanding legal principles while addressing business complexities effectively.” – Rabindra Purohit, Vice President Legal, Compliance & Company Secretary at DFPCL.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    What pivotal moments influenced your decision to become a lawyer and CS, and how did your early experiences of life shape your career path?

    The roots of this inspiring journey trace back to a tiny village in Odisha, nestled about 200 kilometres from Bhubaneswar. It was a place of simplicity and resilience, where school was held beneath the open sky, under the shade of a sprawling tree. When the rains came, they did not just wash the earth but also brought unexpected holidays, for there was no roof to shield the lessons. 

    Saturdays were special—they were days of collective effort and community spirit. The boys fetched water from nearby tanks, while the girls prepared the schoolyard, smoothing the earth with cow dung collected from the village. By Monday, the grounds were dry and ready to welcome another week of learning.

    In this setting, where challenges were woven into the fabric of daily life, a young dreamer’s path began to take shape. The journey from studying under a tree to standing in corporate boardrooms reflects a life sculpted by grit and determination, rooted deeply in those formative experiences.

    What inspired your decision to become a lawyer and CS, especially given your humble background? How did this journey shape your growth and influence those around you?

    From a small village in Odisha to a disciplined boarding school, the journey was a test of resilience and determination. Limited to education until class seven in the village, the young dreamer moved to a nearby town, adapting to the rigor of boarding school life—waking at 4 a.m., managing chores like grocery shopping, and balancing academics. These experiences instilled independence and discipline.

    Graduation brought a pivotal realization—the need to break free from constraints through education. This drive led to the bold decision of pursuing both company secretaryship and law simultaneously, an extraordinary feat accomplished with unwavering focus. Success transformed my life, taking me from humble beginnings to corporate boardrooms—a true testament to grit and ambition.

    How has your transition from independent CS practice to working at a law firm to serving as an in-house counsel shaped your career? What do you enjoy most about your role?

    My journey has been one of exploration and growth, shaped by diverse experiences across India. After completing my early education in Odisha, I moved to Chennai for my CS and later to Delhi to finish the course. These transitions exposed me to India’s rich diversity and built adaptability.

    I began as an independent practitioner CS in Delhi, handling IPOs, mergers, and corporate actions. This entrepreneurial phase was rewarding, but I sought to expand my horizons. Moving into corporate law firms, I leveraged my CS expertise to deliver client-centric solutions, which set me apart.

    My transition to in-house counsel began at Bharti Delmonte, working under inspiring mentors and gaining corporate strategy insights. Joining Vodafone during its historic acquisition of Hutchison was transformative, with a decade spent managing complex litigations, arbitrations, and large-scale challenges in telecom.

    then at NIVEA, FMCG leading legal functions for a global brand has been a dynamic and fulfilling chapter. Each role has enriched my perspective, blending entrepreneurial spirit, legal acumen, and strategic leadership.

    After two decades of experience working with major corporations, what significant changes have you observed in corporate legal practices, particularly in compliance frameworks and dispute resolution mechanisms?

    Over two decades, I’ve witnessed significant shifts in corporate legal practice, especially in compliance and dispute resolution. Companies like Vodafone demonstrated the importance of strong ethical foundations and robust compliance frameworks, aligning processes with a clear vision. Their dedication to excellence was reflected in hiring outstanding professionals and anticipating challenges years ahead.

    Recently, advancements in technology have streamlined compliance and dispute resolution mechanisms, improving transparency and efficiency. Coupled with a culture of ethics and governance, these developments have transformed the legal landscape. The combination of visionary leadership, structured policies, and exceptional talent remains the driving force behind corporate success today.

    How do global corporations, especially multinationals, approach dispute resolution differently?

    Litigation would always be the last resort for MNCs. It disrupts relationships and business continuity, so companies focus on resolving disputes amicably be it with governments, vendors, suppliers, or customers. 

    Multinationals emphasize customer-centric solutions. For instance, customer satisfaction was paramount. If a customer faced network issues, we responded with apologies or compensations rather than assigning blame. This empathy-first approach reflects their understanding that business thrives on happy customers.

    Globally, companies also prioritize efficient mechanisms like mediation and arbitration, ensuring conflicts are resolved swiftly while preserving relationships.

    Multinationals succeed not because of their global stature but because they create trusted brands, deliver value, and ensure compliance. It’s this forward-thinking, customer-first philosophy that drives their success with their leadership, empathy, and processes.

    How do you handle intellectual property and brand protection for a Global brand you served?

    Intellectual property is vital for innovation, identity and brand longevity, it begins with securing patents, trademarks, trade dress, and designs to convert creativity into valuable assets. Innovation drives product development, and legal measures ensure every aspect—from packaging to product shape—is meticulously protected.

    Proactive strategies, such as monitoring markets for counterfeiting and unauthorized use, are critical in preserving brand integrity. Collaborating with enforcement agencies and implementing stringent safeguards are key, especially in diverse markets like India were consumer dynamics demand vigilance. This approach ensures the longevity of the brand, upholding its reputation and trust across generations and geographies.

    Sir, how do you share your experience and impart education to new entrants in the legal field? What process do you follow to guide interns and inspire them to develop passion for the profession?

    Internships are essential for shaping future legal professionals. At our office, we actively host interns sent by law colleges, consistently engaging two to three interns each month. We assign them meaningful projects, encourage research, and foster collaboration, ensuring they gain practical insights that prepare them for successful careers.

    My advice to young lawyers is simple: the legal profession is a marathon, not a sprint. Patience, continuous learning, and adaptability are key. Success lies in understanding legal principles while addressing business complexities effectively. The challenge—and opportunity—is to merge theoretical knowledge with real-world solutions.

    Mentorship and exposure to seasoned professionals are invaluable in this process. Personally, working with stalwarts in multinational companies has shaped my journey, proving that growth comes through steady, purposeful learning and commitment over time.

    Sir, would you like to share some memorable achievements or recognitions from your career that had a significant impact on you and your approach to the kind of work that you have been doing?

    Ups and downs are part of every professional journey. Sometimes, despite your best efforts, outcomes may not favour you—like a lawyer who wins and loses cases or a doctor who saves lives but cannot save all.

    In my experience, one notable case involved a complex arbitration dispute. The matter escalated to the Supreme Court and back to arbitration, stretching over 15 years. For seven of those years, I was actively handling it, and by then, 30 crore rupees had already been spent on a 100-crore dispute. Such cases highlight the challenges and costs of prolonged litigation—it’s a fight that can go on endlessly if parties don’t seek resolution.

    On the other hand, there have been many rewarding moments. For instance, in a recent case, one of our competitors was disparaging our brand. We took them to court and secured a landmark order from the Delhi High Court, which stands as a testament to the power of focused legal strategy.

    My guiding principle, inspired by the Gita, is Kamrany vadhikaraste Ma Phaleshu Kada Chanan “Do your duty without worrying about the results”. The result is always a byproduct of consistent effort, dedication, and making the best use of available resources. Whether in tough challenges or noteworthy recognitions, this belief keeps me focused on delivering my best.

    You’ve pursued dual qualifications as a company secretary and a lawyer. How has this combination benefited your career, and what advice would you give to learners following the same path?

    The combination of being a company secretary and a lawyer is incredibly powerful. Company secretaryship provides deep insights into business operations, taxation, management, governance, and organizational behaviour. However, it doesn’t cover areas like civil law, criminal law, constitutional law, or jurisprudence—fields that are integral to legal practice. Law complements this by equipping you with a thorough understanding of the legal system.

    When you combine the two, you gain a unique ability to bridge business challenges with legal solutions. This synergy is highly valued by companies, especially those requiring professionals to manage both roles efficiently. Many organizations prefer hiring individuals with dual qualifications to meet regulatory requirements while optimizing resources.

    For learners, my advice is to see this combination as a long-term investment. It’s a strategic advantage that not only opens doors to versatile career opportunities but also helps you excel in leadership roles. The key is to approach your career with patience, commitment, and the understanding that success comes from integrating knowledge and applying it effectively over time. This is undoubtedly one of the best professional combinations for aspiring legal and corporate professionals.

    What unique legal challenges have you faced in the skincare industry, especially when transitioning from telecom to FMCG?

    Moving from telecom to skincare was a significant shift. Telecom revolves around services, technology, and infrastructure, like optical fibres and towers, while skincare is product-focused with manufacturing, supply chains, and distribution at its core.

    The regulatory landscape is vastly different. Telecom is governed by sector-specific regulators, whereas FMCG and cosmetics must adhere to the Drugs and Cosmetics Act and legal metrology rules. The skincare industry, often treated like pharmaceuticals, requires strict compliance to ensure product safety and consumer trust.

    Adapting to this new framework took time—about six months to fully absorb the nuances of manufacturing, distribution, and FMCG regulations. While some aspects like contracts and compliance were familiar, learning the specifics of product-centric laws and supply chain operations was essential.

    Skincare demands understanding Skin Science, rigorous compliance, strict adherence to regulatory standards, and a deep understanding of its unique challenges and competition landscape. With focus and adaptability, I’ve successfully navigated this dynamic environment, ensuring robust compliance and operational excellence.

    Outside of your professional life, what are some personal interests or hobbies that contribute to your overall well-being and work-life balance? How have you found that peaceful space for yourself?

    Earlier, I was passionate about cycling, but I had to stop due to safety concerns in Mumbai. I then shifted to yoga, which has been transformative for me over the past couple of years. Yoga, along with meditation, helps me unwind and maintain a sense of balance. Swimming is another activity I enjoy whenever I get the time—it’s both relaxing and energizing.

    Reading and listening to blogs are integral parts of my life as well. In our profession, staying informed is crucial, and I find reading to be both enriching and calming. When I have a longer break, I indulge my passion for travel—especially road trips. One of my most memorable adventures was driving from Mumbai to Ladakh; Mumbai to Kanyakumari by road with a GC friend, exploring India’s beauty by car.

    These hobbies—whether yoga, swimming, reading, or traveling—serve as my personal escape. They not only help me recharge but also motivate me, adding meaning and joy to my life beyond work.

    Get in touch with Rabindra Purohit –

  • “As India is aspiring to be one of the biggest economies in the world it needs to have effective dispute resolution mechanisms.” – Yashvardhan Singh, Co- Founder at KAY & Partners.

    “As India is aspiring to be one of the biggest economies in the world it needs to have effective dispute resolution mechanisms.” – Yashvardhan Singh, Co- Founder at KAY & Partners.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    Given your distinguished and extensive legal background, could you share what initially sparked your passion for the law? Was there a particular defining moment or experience that influenced your decision to pursue this path, or did your interest gradually develop over time? Additionally, how would you reflect on your time at NUSRL in shaping your legal journey?

    Just like any other student fresh out of school, I was clueless as to what to pursue as a career. In my family, everyone had pursued different areas of interest with Noah’s arc being my grandfather, Mr. Jaluram, who himself was a senior advocate and one of the founding members of the Rajasthan High Court Bar at Jodhpur. He started practicing law in the year 1956 along with legal luminaries and politicians like Nathuram Mirdha and many more. His reputations transcends generations and his social connectivity which initially inspired me to pursue law with added guidance by my elder brother Mr. Chakra Vardhan Singh who introduced me to CLAT. I think the decision to pursue law was innate in me as I always had curiosity to understand the logic behind legality and illegality, law enforcement and its interpretations and checks and balances of the Executive. This inquisitiveness with legacy factor always led my inclination towards pursuing the law. 

    Reflecting back on my legal journey and role at the National University of Study and Research in Law (NUSRL), Ranchi requires altogether a complete day. It was an exhilarating experience and complete college life I could have asked for. Those five years were not only the blessings but also gave full authority to be responsible and drive my life to the present day. During those five years, with the supportive faculties, we as one of the foundation batches had privilege and autonomy to pursue everything of our interest including Moot, MUNs, Debates, Research, field visits. Though we had privileges, we had our fair share of challenges as well including funds shortage of university, lack of permanent campus initially and ever changing hostel addresses, lack of alumni base and much more. During those five years, classmates became friends who are now family, had kept my interest in the law and to develop the same in times to come. I am so grateful and thankful for each and every one at NUSRL who have in their unique way contributed in the journey. Navigating those five years with such wonderful experiences has been a blessing for the lifetime and have paved my career path.      

    Following your graduation, you pursued a master’s degree in corporate and commercial law. What motivated you to specialize in this particular area, and how has this specialization influenced the trajectory of your career?

    Since I had decided to pursue litigation and more specifically in the field of corporate and commercial law it was imperative to further pursue a master’s degree in corporate and commercial law. Therefore it required special and technical skills, knowledge which would go along with my area of interest and also I joined master’s degree to live college life again. It was a very enriching experience to pursue master’s degree having practical knowledge in hand and at the same time active academic discussions with the faculties. It was also an experience through which I came across other like-minded people from different backgrounds who ultimately helped in getting diverse opinions on certain topics. I aspire for more academic pursuit in the times to come. 

    Looking back at the early stages of your career, particularly during your tenure as in-house counsel at Wipro, what key experiences significantly enriched your understanding of the law? How did these formative experiences shape the direction and trajectory of your professional journey?

    To find myself interning in Wipro with their Consumer Care and Lighting Division was true serendipity for law student like me. It had a very strong impact on trajectory of my career and if given the chance to repeat one experience, my first priority would be interning at Wipro. I had very supportive and informative sessions from legal team of Wipro including Mr. Sudipta Mukherjee (presently in legal counsel at Daimler-Mercedes), Mr. Amit Mathur (presently legal counsel at Amway), Ms. Rovena David (presently legal counsel at Titan), Mr. Vishal Mittal (presently consultant at Tattvika) and Mr. Manoj Jain (Ex- General Counsel – Wipro Enterprises). Admittedly, it was the perk of being the youngest in the team and fresh out of college that these mentors helped in shaping my career and enabling me to take independent decisions. 

    Each one of them provided me with the exposures at an early stage of my career by sharing their valuable experiences, enabling me to interact with top management and board meetings with a lot of guidance to navigate through the first and foremost phase of my career. Experiences at Wipro has led me to where I am today. 

    Having worked with several companies in an in-house capacity before co-founding your own firm, what prompted you to establish your own practice? Were there any particular challenges or hurdles you encountered during the initial stages of building your firm?

    Our law firm, KAY & Partners is not a result of a recent collaboration but the seeds of this project were planted back in his college days (intentionally or unintentionally). It is a dream of every college friend that they must start something together, so that the life we lived during the college days can be continued. Likewise, Akshay Uppal who was a financial planner for our teams during various intra-University league matches and foods fests also happens to be my business partner now. While the same Kushagra Srivastava who survived the terrors of the monkeys all across our Rishikesh trip is also a partner of the same venture. Harshit Singh Sisodia has been a silent but vigilant actor all around. So it is a college love story which has turned into a marriage for lifetime. 

    To start any project, everyone faces various challenges, we have had our fair share of challenges. The first and foremost challenge we faced was we all four were having been placed in different cities and it was difficult to initialize and plan the roadmap of the firm. Though it was a challenge but there was an opportunity to get together in hindsight. Another challenge we faced was recurring expenses and financial management, but thanks to the Clients we have they were right on time and till today we are holding onto our clients very close to us.  

    As an experienced litigator in commercial, civil, and criminal law, what have been the most challenging cases you’ve handled, particularly in the domain of intellectual property litigation and prosecution?

    In intellectual property matters, every matter is significant and has importance as such matters directly affects the businesses. IP litigations are technical in the sense that until and unless the lawyer does not understand the nuances of the business, it becomes very difficult to litigate in the IP litigations especially Trademark cases. Lower judiciary needs to be sensitised with IP laws as IP litigations are prominently dealt with by only a few High Courts. It becomes very difficult to explain the dynamic nature and concepts of IP laws at a lower judiciary level. 

    Apart from this acquisition of trademarks and IP is also one of the aspects which require careful due diligence and one over side may result into imperfect title in the IP rights it is equally important to have the preventive actions in place including trademark watches which should protect the trademark rights before it is being spilled over to another entity-in-interest. 

    To recall, one of the interesting yet challenging cases was during my stint at one of the companies wherein an allegation in respect of trade dress and design infringement coupled with comparative advertisement and trademark tarnishment was central issue in the litigation. As most of the IP litigations are critical and reputational matters for the marketing team, therefore I had to rigorously understand the marketing side of the case and marketing terminologies, concepts of marketing and financial implications of such litigations. At such a nascent stage of my career though it was exhilarating, I also had my restless moments because of the gravity and potential significant impact that such litigations can have on the businesses. Yet again I am thankful to my mentors who enabled me to navigate through such situations and prepare the matter for litigation.

    I would like to share another anecdote wherein an acquisition was on the verge of completion however it had come to our knowledge that the trademark that we were acquiring was an encumbered one. This information was missed by our advising reputed Indian law firm and foreign law firm. This information was of the nature which could have terminated the ongoing acquisition proceedings, but we were able to resolve the situation by taking an expeditious route of rectification of records to perfect the title. All in all I must say all experiences  and my mentors have taught me how to be  business friendly and be businesses’ lawyer rather than minding my lawyers business.

    In your experience handling insolvency proceedings, what alternative dispute resolution (ADR) mechanisms do you typically utilize to guide clients through these complex situations? Furthermore, how do you foresee the future of ADR evolving in the Indian legal landscape?

    In my opinion it is important to have an effective ADR mechanism in place in this present complex business conditions. It is imperative for a business to thrive in conducive conditions where quick and simplified dispute resolution mechanisms are placed in by the government. One of such ADR mechanisms which has been introduced by the government is under MSME Act, 2006. MSME Act provides for an MSME facilitation cell which can be very crucial for resolution of disputes pertaining to MSMEs. It is important that such mechanisms are effective only if it gets due attention and supervision from government and Higher Courts respectively. MSME facilitation council, if provided considerable support and due acknowledgement, can result in effective resolution of  commercial disputes which in effect decreases the burden of Courts which are otherwise engaged and overburdened with other litigations.   

    As India is aspiring to be one of the biggest economies in the world it needs to have effective dispute resolution mechanisms. Achieving such an ambitious yet needful goal, India must have lucrative, speedy and accessible dispute resolution mechanisms. If need arises, Presiding Officers and Arbitrators must be trained to hear and preside over the disputes of specific natures. Additionally, institutional arbitration can play a significant role in such scenarios. It is highly expected from the government and judiciary to promote and develop a conducive environment for evolution of arbitration and ADR mechanism and jurisprudence. Needless to say it would also require efforts from  entire legal fraternity including academicians, in house counsels, lawyers, government officers to promote and help in development of jurisprudence around ADR mechanisms in India

    What advice would you offer to aspiring law students who aim to follow a career path similar to yours? What skills or qualities do you believe are essential for success in this dynamic and increasingly important area of law?

    The first and foremost advice that I would like to give to inspiring law students aiming to follow or pursue a career path in corporate or as in house counsels in the present set of world would be to engage in the internships and training activities with them. It is equally important to make such internships count and have their presence felt in the organization through their work and dedication which should result in the recurring internship and ultimate engagement with the company. Corporates, law firms, lawyers do not expect thorough knowledge of law from a law student, however it is expected from them to be diligent, faithful and updated in respect of the area of law that they are dealing. In this dynamic and increasingly important area of law I believe and recommend for the young graduates and inspiring law students to stay updated, read and read a lot and first understand the business and the requirements of the business or their Clientele. Once they understand the requirement and the nature of the relief/opinion that they (business or Clientele) expect, gravity or urgency of such relief or opinion, it is important to deliver based on such a requirement to their expectation within the set timelines. In this dynamic and increasingly important economic environment it is equally important to deliver the legal services professionally and at par with global standards.

    Balancing a successful career with commitments to public service and education is no easy task. How do you maintain a healthy work-life balance, and what advice would you offer to others who seek to strike a similar balance between their professional ambitions and personal responsibilities?

    To be honest it becomes very difficult to maintain public services and personal responsibilities and professional ambitions together. As a lawyer one needs to have a healthy work life balance and at the same time be social. Though it differs from person to person what is their mantra for healthy work life balance, we at KAY and Partners have decided that we should not only offer a healthy work life balance to ourselves as the partners but also to each and everyone associated with the firm. It is equally important that due to such search decisions the interests of our clients are not hampered. Effective delegation and supportive team members at KAY & Partners is paramount to my healthy work life balance. I must thank all present and past teammates for their efforts and support to achieve what we have done today. 

    Thank you. 

    Get in touch with Yashvardhan Singh –

  • “I believe, in litigation, it is all about perseverance, focus and hard work. There is no short-cut to that.” – Tanvir Nayar, Advocate-on-Record at the Supreme Court of India.

    “I believe, in litigation, it is all about perseverance, focus and hard work. There is no short-cut to that.” – Tanvir Nayar, Advocate-on-Record at the Supreme Court of India.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    With such an impressive and diverse range of experience spanning constitutional, commercial, civil, and intellectual property rights matters, what initially inspired you to pursue a career in law? Were there any particular moments or experiences that had a significant impact on your decision to embark on this journey?

    I always found law intriguing. The way it stimulated my mind to find a logical answer to a particular solution, encouraged me to choose this profession. So, it was after my 10th CBSE Board examinations, that I actually made up my mind to have law as an option. Accordingly, I chose the subjects for 11th and 12th, which included history, political science, economics and maths. History gave me the background and political science the foundation to pursue law after my 12th. I was also a part of my School’s, DPS Mathura Road, cricket team, which used to play practice matches with the various teams viz. Delhi High Court Bar Association and Bar Council of India. Thereby, I got an opportunity to interact with Advocates who were in litigation. 

    Having started your career working on Civil, Consumer, Arbitration, Debt, and Criminal matters, what were some of the key learning experiences in the early stages that shaped your understanding of the law and helped pave the way for your remarkable career progression?

    Being a first-generation lawyer, and having no one in my immediate family in law to guide me, I was always open to learn and try everything which came my way. Right after law college, I had an offer to pursue my L.L.M from Kings College, London. However, I thought that without a clear path of which field I wanted to follow i.e. either corporate or litigation, I would have not been able to justify the course. Alternatively, since the placements in college were also not forthcoming, I actually ended up in litigation out of sheer luck. Then I got an opportunity to work under Mr. Sunil Goel, who also practiced in various courts viz. High Court, District Courts, Debt Recovery Tribunal and Consumer Courts. Whereby I got a flavour of different subjections and jurisdictions. However, since I was inclined to do corporate work, I joined a firm to do private equity and debt financing work. This gave me another perspective to law, esp. the commercial aspect. It also cleared my thought process, that litigation was what I wanted to do. Then I got the best opportunity or I would call the break-through, i.e. to work with Hon’ble Ms. Justice Indu Malhotra (prior to her elevation). From then onwards, with the tutelage of Justice Malhotra, the profession has been kind.

    Assisting the esteemed Hon’ble Ms. Justice Indu Malhotra in various legal domains such as constitutional law, arbitration, and public law must have been an invaluable experience. How did her approach to legal research and arguments influence your understanding of complex legal matters, and how has that shaped your own legal practice?

    Getting an opportunity to work under Hon’ble Ms. Justice Indu Malhotra, was the foundation I required as a first-generation lawyer. Despite her achievements, which are continuing even till date, there was no respite from her end. She was so through on facts and law, that it really opened my horizon and prepared me to handle complex matters. The answer was simple, be so well prepared on the facts and law, and to know the brief  from front to end and end to front. Thereafter, the way Justice Malhotra articulated the arguments, was another aspect to learn. Being good in law and also being a good orator, is the best combination any lawyer would wish for, and she had it all. Her relentless hard work is second to none. Watching and getting to learn all this close and first hand, has made me an advocate I am today.

    After gaining such extensive experience in diverse areas of law, what motivated you to establish your own independent practice? What challenges did you face along the way, and what strategies did you use to overcome them and build your firm?

    Starting an independent practice was also a decision, made partially out of choice and partially out of necessity. I would have liked to continue to hone my skills under Hon’ble Ms. Justice Indu Malhotra, for a few more years. However, her very well-deserved elevation to the Hon’ble Supreme Court, gave me the push I probably needed. At the same time, I prepared and gave the Advocate-on-Record examination. However, since the result is declared almost 9-10 months later, I started my practice on the original side as well. Thereby, I started going to District Courts in Delhi and also the Delhi High Court. Since I had a few clients to sustain my practice, I could concentrate on building my network. I was lucky that since I belong to Delhi and was staying with my parents, I did not have to worry about basic sustenance. Without this, probably, I may not have started my independent practice at that time. During the same time, my childhood friends – Samar Khan and Abhishek Bakshi had also started their independent practice and were doing criminal litigation. Their requirement for a person to handle civil and commercial litigation, and my need to increase my practice to other fields coincided. Hence, came the foundation and incorporation of M/s. Aecus Legal.  

    As an Advocate-on-Record at the Supreme Court of India, you’ve undoubtedly dealt with some highly complex constitutional and commercial issues. Could you share one of the most challenging cases you’ve worked on, and what steps do you take to thoroughly prepare for and research such high-stakes cases?

    There have been many notable cases I got an opportunity to be a part of. However, the four most notable cases would be the Vyapam Scam, Manesar land scam, Challenge to the vires of the bond condition signed by Doctors pursuing PG/ MD etc., and the challenge to the Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 from two judges up to the Constitution Bench. The simple answer to prepare any matter, being high-stake or not, is to be first well-versed with the facts and then to be through with research. Sometimes, even an issue which may seem small, can be the turning point. That can only be achieved, if one does in-depth research. At the end of the day, there is no short-cut to hard work.

    Given your vast experience representing clients in diverse legal forums, including the Supreme Court, District Courts, and NCLT, how do you tailor your litigation approach to suit the nature of each forum, be it constitutional, commercial, or quasi-criminal? Also, where do you see your firm, Aecus Legal, in the next 5-10 years?

    One does need a certain degree of knowledge, which can only be achieved with experience, to handle different jurisdictions. However, the basic is again to be prepared with the brief on facts. Then, one also needs to be updated on the recent judgments being passed on the said subject. Especially, with the advent of Insolvency and Bankruptcy Code 2016 and formation of NCLT and NCLAT, there is a new judgment on some aspect or the other, every week. Hence, one needs to keep oneself updated.

    Our firm has grown at a steady pace and gone onto represent many international clients, as well. However, in the next few years, we would be making more specialised teams on different subjects, and then also have a separate general litigation team.

    Clearing the Advocate-on-Record (AOR) examination is a remarkable achievement. What aspects of the exam did you find most challenging, and how did you prepare to successfully navigate this prestigious examination?

    Not undermining the hard work required, I must say that since I extensively practiced in the Supreme Court from 2015 onwards, so the basics were clear. I did not effectively take a break in my profession to prepare for it, but the month of May was primarily focussed on studying for the exam. The most challenging aspect is that one loses touch to write an exam within three hours. For that, I started preparing my notes by writing them, at least one month in advance. The second challenge was to read all the judgments. However, once you are in that zone of studying, slowly and steadily one can manage. It is also important to attend the lectures given by prominent Senior Advocates, some of them also set papers. But I am sure, the advocates who do not practice in Supreme Court on a regular basis, do find the exam challenging.

    Balancing a high-profile legal career with personal life is no easy feat. How do you manage to strike a balance between your professional responsibilities and personal well-being? What strategies do you use to maintain your health and overall well-being while managing such a fulfilling and demanding career?

    To be frank, it is really difficult to maintain a balance. Especially in the early years, and on starting an independent practice. The profession always keeps you on the toes, and it is easy to lose that balance. However, I believe in today’s time, it is required that one does take some time off to just clear one’s mind. Travelling or playing a sport is one way, which has worked for me to un-wind and re-energise. Secondly, I have set-up an office space in my residence as well. So, when the days are light, I work from the residence, which gives you the time to relax at home and also spend time with your family. All this is needed, as I said, it is easy to maintain the balance. On a lighter note, I am still learning.

    With your vast expertise across multiple legal domains, what advice would you give to young lawyers who aspire to have a diverse practice like yours? What key skills and qualities do you believe are essential for success in such competitive and multifaceted fields?

    I believe, in litigation, it is all about perseverance, focus and hard work. There is no short-cut to that. However, one does need some luck. Some of the luck one can make by networking and always  being open to learning. Also, client handling is one thing no one teaches, however is very important. Since lawyers cannot solicit, the best way to advertise is doing your best for your clients. I strongly believe that the profession is an Hon’ble one, and a person can really make a difference. 

    In today’s changing times, as mentioned above, networking has become an important aspect. Though I do not subscribe to the view of making videos on YouTube or Instagram. However, people do not realise that maximum work advocates give to each other, so making a good network of advocates also helps one to get new matters and clients.

    Get in touch with Tanvir Nayar –

  • “The cornerstone of a successful and fulfilling career in litigation lies in unwavering dedication, perseverance, and relentless hard work.” – Devashish Bhadauria, AOR at Supreme Court of India and Founder & Managing Partner at Bhadauria & Associates, Law Offices.

    “The cornerstone of a successful and fulfilling career in litigation lies in unwavering dedication, perseverance, and relentless hard work.” – Devashish Bhadauria, AOR at Supreme Court of India and Founder & Managing Partner at Bhadauria & Associates, Law Offices.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    Law is often considered both an intellectually stimulating and socially impactful profession. Could you share what initially inspired you to pursue law as a career? Was there a defining moment or a personal experience that deeply influenced your decision to enter this field? Furthermore, how did your early experiences during law school help shape your long-term career goals and aspirations?

    After completing my senior secondary education in 2010, my father encouraged me to pursue a career as a Chartered Accountant, given my background in Commerce. However, I was drawn to the legal profession, which I regard as one of the most esteemed and impactful fields. The study of law not only offers an opportunity to contribute meaningfully to society but also provides a comprehensive understanding of its various facets. 

    I pursued a five-year integrated B.A., LL.B. (Hons.) degree from Amity Law School, Delhi, affiliated with Guru Gobind Singh Indraprastha University, Delhi and my academic journey was enriched by the institution’s distinguished faculty, participation in inter-college competitions, and engagement in various legal seminars. Additionally, I undertook internships every year, gaining substantial practical exposure by working with Advocates and Law Firms across diverse practice areas. These experiences were instrumental in shaping my professional aspirations and provided valuable insights into the legal profession.

    I firmly believe that internships play a pivotal role in a law student’s career. Exposure to different legal domains and organizational structures is essential in making informed career decisions. Without such practical experience, it would be challenging for a student to identify the most suitable area of practice.

    After completing your law degree, you worked with several senior advocates, law offices, and law firms. During the initial phase of your career, when you were just starting out, what were some of the key learning experiences or challenges that left a lasting impact on you? How did these early professional encounters enhance your understanding of the law and propel your career trajectory forward?

    After gaining diverse experience through internships at various law offices and firms, I decided in the final year of my legal studies to pursue a career in litigation with the ultimate goal of establishing myself as an independent practitioner.

    In August 2015, I commenced my professional journey at the Law Office of Mr. Vibhor Verdhan, Advocate, and Mr. Shwetank Sailakwal, Advocate-on-Record, based in Jangpura Extension, New Delhi. As their first and sole Associate at the time, I had the privilege of receiving extensive exposure to litigation practice. Subsequently, I joined the chambers of Mr. Manohar Malik, Advocate, where I once again worked as the only Associate, gaining significant hands-on experience in different fields of law.

    In 2018, I transitioned to a full-service Law Firm, Sondhi Narula Dalal & Associates, Law Offices, where I worked under the guidance of the Firm’s Partners – Mr. Sunil Dalal, Ms. Sangeeta Sondhi and Ms. Ruchi Gour Narula. During my tenure, I was actively involved in handling complex and high profile litigations, further honing my legal acumen.

    In 2021, following the designation of Sunil Sir as a Senior Advocate, I had the distinct opportunity to assist him and continued working in his office for an additional year.

    I remain deeply grateful to all my seniors for their invaluable mentorship, trust, and the opportunities they provided, which have significantly contributed to my professional growth and shaped me into the legal practitioner I am today.

    As the Founder and Managing Partner of Bhadauria & Associates, Law Offices, what motivated you to establish your own legal practice? Were there any specific challenges or obstacles you faced in the initial stages of setting up the firm? What is your long-term vision for the firm, and how do you plan to navigate its growth and success?

    From the outset of my legal career, I aspired to establish my own law practice after gaining substantial experience in litigation. In pursuit of this goal, I commenced my independent practice in April 2022 and co-founded a Law Firm in East of Kailash, New Delhi, along with my wife, Ms. Sristi Sengupta, who is also a Partner. She leads the Firm’s Intellectual Property prosecution and litigation practice.

    I am deeply grateful to my seniors for their unwavering support and guidance in establishing the Firm. This milestone would not have been possible without the blessings and encouragement of my parents, who have been my pillars of strength and motivation.

    Transitioning to independent practice was a significant shift, but I was able to adapt within a few months, and I have not encountered any major challenges in managing the Firm. I firmly believe that the cornerstone of any successful legal practice is client satisfaction. I have always maintained transparency and fairness in my dealings with clients, ensuring they have confidence in their counsel. Regardless of the outcome of a case, I am committed to diligent advocacy, which fosters trust and long-term professional relationships with my clients.

    Your appointment as Senior Panel Counsel for the Union of India is a significant milestone in your career. Could you elaborate on how this appointment came about and the responsibilities it entails? Additionally, being empanelled with prominent Government of India Enterprises such as PEC Ltd., NBCC, EESL, how has this shaped your legal practice?

    Pursuant to my application, I was appointed as a ‘Senior Panel Counsel’ in March 2024 to conduct Central Government litigations and appear for Union of India before Hon’ble High Court of Delhi. This appointment entails significant responsibility, as I am entrusted with matters involving various government entities, including the Central Industrial Security Force (CISF), Indian Railways, Delhi Police, Directorate of Revenue Intelligence, and several Ministries.

    Additionally, my empanelment with several Government of India Enterprises, such as PEC Ltd., NBCC (India) Ltd., Energy Efficiency Services Limited (EESL), and Telecommunications Consultants India Ltd. (TCIL), has been instrumental in strengthening my independent practice. These engagements have provided me with extensive experience in handling government litigation and further solidified my expertise in the field.

    Clearing the Advocates-on-Record Examination on your first attempt is a remarkable achievement. Could you share your experience of this rigorous process and what it means to you personally and professionally? How has this accomplishment impacted your career and opened up new opportunities for you in the legal field?

    Although I was exposed to the practice before the Hon’ble Supreme Court of India from the very beginning of my legal career, I had not initially considered pursuing the designation of Advocate-on-Record (AoR). However, after establishing my independent practice in 2022, I sought to expand my professional engagements before the Apex Court. Recognizing that obtaining the AoR designation would enable me to effectively handle matters before the Hon’ble Supreme Court of India, I appeared for the Advocates-on-Record Examination in June 2024 and successfully cleared it on my first attempt.

    This achievement has opened new avenues in my legal practice, allowing me to independently file, argue, and appear before the highest Court of the country, further strengthening my ability to represent clients at the top level of the justice delivery system.

    In your work with prominent clients like The Times of India and Mankind Pharma Limited, especially when handling complex intellectual property (IP) cases before the High Court of Delhi, and District Courts, what are some of the primary challenges you face regarding IP protection? With the digital age advancing rapidly, how do you foresee the evolution of IP law, particularly in light of the growing trends in digital technologies and online platforms?

    I have been retained by Corporates like The Times of India Group and Mankind Pharma Limited since 2024, for whom I am working as their panel counsel and representing them before various Courts and Forums. The protection and enforcement of intellectual property (IP) rights in today’s rapidly evolving digital landscape present several challenges. The proliferation of digital platforms has significantly increased instances of copyright and trademark infringement. Unauthorized reproduction, counterfeiting, and domain squatting have become prevalent, making enforcement more complex. Identifying and holding infringers accountable, particularly when they operate from foreign jurisdictions, poses a significant legal hurdle. With the rise of e-commerce and social media platforms, determining the liability of intermediaries in cases of IP violations has become a contentious issue. Companies face significant challenges in protecting their brands from counterfeit goods, particularly in the pharmaceutical and consumer goods sectors. The enforcement mechanisms, though robust, often require swift legal action, including Anton Piller orders, John Doe orders, and cross-border enforcement strategies.

    The legal fraternity, along with policymakers and stakeholders, must work towards an adaptive and robust IP framework that aligns with technological advancements while ensuring adequate protection of rights of holders. As Counsel, my focus remains on providing strategic legal solutions to clients to safeguard their intellectual property assets in this dynamic landscape.

    Given your wealth of experience, what advice would you offer to aspiring lawyers and law students looking to build a successful and fulfilling career in law and especially cracking the AOR exam?

    The cornerstone of a successful and fulfilling career in litigation lies in unwavering dedication, perseverance, and relentless hard work. There are no shortcuts in this profession, and a ‘never say no’ attitude is indispensable. I have consistently prioritized my professional commitments and embraced new challenges with the belief that each experience contributes to my growth and new learning. Furthermore, maintaining a respectful and collegial approach towards seniors and colleagues at the Bar is essential. 

    For those aspiring to become an Advocate-on-Record (AoR), practical exposure to proceedings before the Hon’ble Supreme Court is invaluable. The mandatory one-year training under an AoR provides critical insights into Supreme Court practice. Additionally, the official website of the Hon’ble Supreme Court offers extensive academic resources, including video lectures, notes, and other reference materials, which are instrumental in guiding and strategizing for the AoR Examination.

    Balancing a demanding and dynamic legal career with personal well-being is a challenge many face. How do you manage to maintain a healthy work-life balance, ensuring that both your professional responsibilities and personal life thrive without one compromising the other?

    Maintaining a healthy work-life balance remains a significant challenge for legal professionals engaged in litigation. Given the nature of litigation practice, there are no fixed timings for a legal practitioner and there are times when a person has to work even after returning home or on weekends. As integral members of the justice delivery system, we are expected to be accessible to our clients at all times, ensuring their legal concerns are addressed promptly and effectively.

    In my case, I am fortunate to have a spouse who is also a legal professional and fully understands the complexities and demands of this profession. This mutual understanding has been invaluable in navigating the challenges associated with a career in litigation. Since establishing my independent practice in 2022, I have been able to exercise greater control over my schedule, allowing me to manage both professional and personal commitments more effectively. While the demands of litigation remain rigorous, having the autonomy to structure my work has enabled me to maintain a more balanced approach to my professional responsibilities while fulfilling other personal obligations.

    Get in touch with Devashish Bhadauria –

  • “Withstanding pressure, paying close attention to detail, building relationships, staying focussed and the virtue of “giving more than you take”, in the initial years are most important.” – Utsav Mukherjee, Founder of The Law Offices of Utsav Mukherjee.

    “Withstanding pressure, paying close attention to detail, building relationships, staying focussed and the virtue of “giving more than you take”, in the initial years are most important.” – Utsav Mukherjee, Founder of The Law Offices of Utsav Mukherjee.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    What motivated you to choose law as your career, and what factors influenced this decision? How did your time in law school further fuel your passion for the field and shape your aspirations moving forward?

    Back when I decided to pursue law, I did not know what exactly my career graph would look like. I just knew that I had some of the characteristics and skills which lawyers require. I was a voracious reader. I was a deep thinker. And I was a good communicator. Writing and speaking well came naturally to me. Law school was an interesting experience. I prioritized building relationships from my early days. Right from my internship days. In fact, some of my good friends and professional connections today are people who I met while interning with different law firms and offices. So my passion for law grew as I interned with different law firms and offices. I enjoy deep research and writing as much as I enjoy public speaking, and therefore, I thoroughly enjoyed my internships, as well as extra curricular activities in law school. My confidence grew further when I represented my university in National Moot Court Competitions, and Model United Nations. 

    In the early stages of your career, as you worked with various lawyers and law firms on landmark cases, what was your experience like? What moments or particular cases helped deepen your understanding of the law and shaped your approach as you were learning the ropes? Is there a particular experience you’d like to share with our readers?

    The early days of my professional journey, working with different chambers and firms, were indeed a grind. In the very beginning, you have to do a lot of grunt work. Yes, you have to understand the nitty gritties of legal procedures and filings. You initially learn to take notes meticulously, manage files, communicate efficiently with senior colleagues, office staff and clients. It’s only after this stage that you start getting more interesting work. I had an advantage in the sense that I worked with very small setups initially, so bigger responsibilities like drafting pleadings, briefing senior counsels and court appearances came to me sooner. In fact, in a little more than a year, I was managing client portfolios and cases myself. One of the chambers that I worked with had an interesting “anchor” system, which meant that every case was assigned to a particular associate, who was the “anchor” on that matter, and was almost entirely responsible for that case. I believe this is the best way for seniors to manage their offices, and younger lawyers to “learn the ropes” quickly. 

    Some of the cases that really broadened my understanding of law, its formation and application were landmark constitutional matters. This included matters like the petition challenging the constitutionality of the “Marital Rape Exception” and the petition seeking recognition of “Same Sex Marriages”. While working on these petitions, I got the opportunity to dive deep into various laws, including the Constitution itself, family laws, criminal laws, civil laws, property laws, public laws, citizenship laws and most importantly interpretation of statutory provisions by courts, and the courts’ take on laws made by the legislature that may otherwise seem to infringe upon fundamental rights, or violate the Constitution. These experiences helped me in handling other civil and commercial matters as well. Later on, when I shifted to Singh & Singh Law Firm LLP, the intellectual property law firm, originally founded by Hon’ble Justice Prathibha M. Singh and the Learned Senior Advocate Mr. Maninder Singh, the base that I had built in civil, commercial and constitutional laws, enabled me to pick up IP practice and its fundamentals rather quickly.  All of this eventually compounded and enabled me to kickstart my own practice in Intellectual Property, Tech, Regulatory & Commercial Laws. 

    At Singh & Singh Law Firm LLP, you worked on a number of significant intellectual property cases, such as those involving counterfeit products and trademark infringement. What challenges did you encounter when dealing with unknown defendants and e-commerce platforms? How did your experience in these cases shape your approach to cases involving intermediary liability and technology laws?

    That’s an interesting question. Acting against unknown defendants, especially counterfeiters, is a real challenge, for both aggrieved companies and the courts. This is because counterfeiters operate in an incredibly stealthy manner. There was one particular case, where we were representing a large pharma company, against unknown counterfeiters, who were listing counterfeits of our clients’ products on Flipkart. We fondly refer to unknown defendants in IP cases as Ashok Kumars, the Indian equivalent of “John Doe”. These Ashok Kumars would use the names and GST numbers of actual businesses, without their consent, to put up listings of counterfeits of our clients’ products. When our client went to the addresses of those businesses, they found out that their names and GST numbers were being misused by nefarious counterfeiters. These counterfeiters operate through a vicious nexus, and it becomes virtually impossible to trace them. So now the question is, what can be done in such cases? 

    When we approached the court, the first defendant in our lawsuit was “Ashok Kumar”. The second was Flipkart itself, and then we impleaded the businesses whose names and GST numbers were being misused. We got an injunction from the court, preventing the unauthorized usage of our client’s trade marks, and uploading of counterfeits on Flipkart. The court directed that whenever our client would inform Flipkart about any counterfeit listings, Flipkart would take down the listings within 24 hours of receiving the information. Further, both our client and Flipkart would file monthly compliance affidavits, with details of the listings reported and taken down. So this order was a step in the right direction, as intermediaries like Flipkart are normally only obligated to take down anything unlawful once they get a court order for each listing. Special orders like the one I’m telling you about are passed when there’s rampant and uncontrolled unlawful activity taking place on a platform, like the counterfeit listings. After this order was passed, we pressed that directions should be issued to Flipkart to take more proactive steps to prevent the listings of counterfeits on its platform, in light of the PUMA judgment. The case is still going on. All this information is available in the court orders available publicly, and articles reporting on them. 

    When handling domain name disputes before WIPO and NIXI, what critical factors should a business consider before pursuing a complaint or defending one? Can you walk us through a recent case you’ve managed in this area?

    There are a couple of factors that need to be seen in such cases. One is regarding registration of the “domain name” as a trade mark. A domain name is also a trade mark. Hence, like other trade mark disputes, the party which has prior adoption and prior registration is at an advantage in such cases. Another factor that is seen is the intent behind the usage. Is it honest? Or is it dishonest usage to come closer to someone else’s brand name, to deceive customers?

    The domain name dispute that I dealt with recently was quite interesting. It was with regard to cyber squatting. Cyber squatting is when someone registers a domain name without any intention of using it. Now why would someone do this? So that they can profit, when someone else who genuinely wants to use that domain name for their website comes forward, and is compelled to buy it from the cyber squatter. So I represented the genuine user against the cyber squatter. And we were able to settle the dispute in favour of our client. We were able to exert significant pressure because of the fact that our client’s trade name, which was the same as this squatter’s registered domain name, was already registered as a trade mark in more than 30 countries. 

    With growing global concerns about privacy, how do you guide clients in the tech and fintech sectors to ensure compliance with GDPR and other data privacy laws? Could you provide an example of a recent case where your team helped a client navigate privacy and regulatory challenges, especially with emerging technologies like blockchain or cryptocurrency?

    Well, we start with the basics. Having a solid privacy policy in place. GDPR compliance is essential. Now that the enforcement of the DPDP Act is also around the corner, we need to make sure that we address that as well. We advise companies to also have privacy compliant agreements with vendors and other stakeholders, to prevent any breaches of sensitive data. We advise them to have responsible data protection officers and effective grievance redressal mechanisms in place that are in compliance with privacy laws. 

    When it comes to Cryptocurrency and Blockchain technology clients, we have advised them extensively on KYC regulations, Anti Money Laundering Regulations and Counter Finance Terrorism Regulations. Since a lot of these exchanges are set up in places like the British Virgin Islands and the Cayman Islands, compliance with the regulations that I’ve mentioned is essential in these jurisdictions. We also tailor their terms and policies accordingly. It really is fascinating. 

    As businesses increasingly operate on an international scale, how do you address cross-border IP and commercial law challenges, particularly for clients in highly regulated sectors like pharmaceuticals or fintech? What strategies do you use to ensure compliance with both Indian and foreign regulations?

    It’s indeed true that businesses are increasingly operating on an international scale. Very recently, a client has approached us for IP filings and enforcement in several countries. One of the best mechanisms that we use for international IP filings is the Madrid Protocol. It allows an applicant to file for trade marks in several countries through a single application. So, one can file for trade marks through this mechanism in all the countries that accept Madrid filings. They just need a registered trade mark in one country as the base application. Although Madrid filing is expensive, it is still much more cost efficient than filing directly at each country’s national IP office, when you’re filing in several countries. Many large product based companies, such as pharmaceutical ones, operate in multiple countries, and such mechanisms are very helpful for them. 

    Although you can file through Madrid in several countries, the applications are eventually forwarded to the national IP offices of each country, where the registries may possibly raise objections, or third parties may file oppositions. To deal with such scenarios, we have a wide network of local IP counsels in several countries. We also utilize this network in case a client wants to file in a country that does not accept Madrid. 

    So that’s just international IP filings. Our network stretches across Asia, the Asia Pacific, Eurasia, Europe, Africa, the Middle East, Latin America and North America. I’ve met many of the fantastic IP counsels and firms in these countries personally, in the course of work and at international IP conferences. As far as contract drafting and advising on compliances for international clients is concerned, we do it ourselves, and rope in our affiliates and international partners across the globe for fine-tuning and on ground requirements. 

    What unique legal challenges do startups face when incorporating companies in India or abroad? How does your firm tailor its legal advisory to meet the specific needs of startups, especially in industries like e-commerce, technology, and fintech?

    Startups, particularly tech startups, have diverse legal needs. One of the key stages where they require counsel is when they’re negotiating contracts with investors. They have to be very careful, not to relinquish control, and having a lawyer carefully draft their contracts and guide them in negotiations is crucial. Of course, having their IP in place is also essential. Many startups actually want us to apply for their IP at the very outset, as it helps them display authenticity and secure investments.  One interesting, recent experience that I had, was drafting the contracts for an ed-tech startup, entering into a collaboration with another education company, to co-brand and offer courses to their customer base jointly. It was interesting as we had to draft the IP related clauses very strategically, to protect the interests of our client, in this co-branding venture. 

    Then, we also help them have appropriate policies in place and contracts, for employees, particularly with regard to confidentiality concerns, remuneration and benefits. If you’re asking me particularly about tech and fintech startups, we also advise them on specific regulations that apply to them, such as RBI regulations, NPCI regulations, the IT Rules, privacy regulations and the like. 

    Given your extensive experience, what advice would you offer to aspiring lawyers and law students who wish to build a rewarding and successful career in law?

    I would say that this line of work requires a lot of patience, persistence, development of a thick hide, and a knack for understanding business as well as you understand the law. Withstanding pressure, paying close attention to detail, building relationships, staying focussed and the virtue of “giving more than you take”, in the initial years are most important. I also developed most of these traits over a passage of time,  and am still growing. So I understand that it’s no cakewalk. One must keep at it. 

    Maintaining a balance between a high-pressure legal career and personal well-being is something many professionals struggle with. How do you manage to keep a healthy work-life balance, ensuring that both your professional commitments and personal life thrive without one overshadowing the other?

    I don’t think this part is as hard as people make it out to be. Legal professionals are busy every day of the week. But as they grow in their careers, they get more control over their time. So it’s for you to make the most of your spare time, and manage your waking hours efficiently. I allot some of my spare time to fun activities that also contribute to my professional growth, such as going to social events, or making episodes for my YouTube Channel, called the “Utsav Mukherjee IP & Tech Law Show”. I also go sightseeing whenever I attend conferences in other cities or countries. I enjoy reading and also watch a nice movie or two over the weekend. 

    Get in touch with Utsav Mukherjee –

  • “For young professionals aspiring to establish a career in commercial litigation and high-stakes legal matters, my foremost advice would be to develop a strong foundation in key legal areas and cultivate the appropriate mindset to navigate the complexities of this profession.” – Pranav Gupta, Founder of PG Law Offices.

    “For young professionals aspiring to establish a career in commercial litigation and high-stakes legal matters, my foremost advice would be to develop a strong foundation in key legal areas and cultivate the appropriate mindset to navigate the complexities of this profession.” – Pranav Gupta, Founder of PG Law Offices.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    With your remarkable expertise across multiple areas of law, including Insolvency & Bankruptcy Code, White Collar Crimes, and Real Estate Laws, what initially inspired you to pursue a career in law? Looking back, could you also share how your internship experiences and time in law school influenced and shaped your decision to delve deeply into these complex legal fields?

    My inspiration to pursue a career in law stems from a deep-seated passion for justice and the dynamic nature of legal practice. However, my journey into the intricate fields of Insolvency & Bankruptcy, White Collar Crimes, and Real Estate Laws has been profoundly shaped by the remarkable mentors and experiences I have had along the way.

    I have been fortunate to have Mr Sumant Batra as my guru, under whose guidance I had the privilege of working at Kesar Das & Associates. Learning the nuances of the Insolvency and Bankruptcy Code under his tutelage was a transformative experience, reinforcing my commitment to mastering this ever-evolving field. His intellectual acumen and visionary approach continue to inspire me.

    Additionally, Senior Advocate Mr Abhimanyu Bhandari has been a role model for me, and I greatly admire his exceptional legal acumen and courtroom presence. The invaluable guidance of Mr Pulkit Deora & Mr Aditya Shankar Prasad has also played a pivotal role in my professional growth, particularly in navigating the complexities of IBC.

    My formative years in law school were further enriched by exceptional internship experiences under some of the finest legal minds in the country. I had the privilege of working under Senior Advocates such as Mr Salman Khurshid, Mr KTS Tulsi, and Mr Vivek Tankha, among others. Their mentorship not only honed my legal skills but also instilled in me the discipline, diligence, and perseverance required to excel in this profession. Their unwavering commitment to the law has always motivated me to strive for excellence.

    Looking back, these experiences have not only shaped my legal career but have also reinforced my belief that law is not merely a profession but a lifelong pursuit of knowledge, advocacy, and justice. I remain committed to contributing meaningfully to the legal fraternity, continuously evolving with the ever-changing landscape of law.

    During the early stages of your career, as you worked with various prominent law firms, what key experiences helped refine your understanding of specialized areas like Intellectual Property, Insolvency & Bankruptcy, and other subjects? How did these formative years contribute to honing your skills and preparing you to tackle high-profile cases in these areas?

    During the early stages of my career, I was privileged to work with some of the most esteemed legal professionals, and these experiences played a pivotal role in refining my understanding of specialised areas such as Intellectual Property and Insolvency & Bankruptcy.

    My interest in Intellectual Property law was sparked during my time at the chamber of Mr Salman Khurshid, where I had the distinct opportunity to work on a personal legal matter of his. This exposure provided me with invaluable insights into the intricate nature of IPR disputes and their strategic nuances. I was particularly fortunate to have the guidance of his associates, including Mr Aadil Singh Boparai, former Additional Advocate General of the State of Punjab, who ensured that I remained actively engaged in complex IPR matters. Their mentorship deepened my appreciation for the field and solidified my interest in intellectual property rights.

    Similarly, my passion for Insolvency & Bankruptcy law developed during my tenure at IVY Law Offices. It was there that I had the privilege of briefing and observing stalwarts such as Mr Abhimanyu Bhandari and Mr Sumant Batra on IBC matters concerning prominent real estate giants. This first-hand exposure to high-stakes insolvency proceedings not only enhanced my technical knowledge but also sharpened my strategic thinking and advocacy skills in this domain.

    These formative years were instrumental in shaping my legal acumen, allowing me to develop a structured, analytical approach to handling complex cases. They provided me with a strong foundation, preparing me to navigate high-profile matters with confidence and precision. Looking back, these experiences have not only influenced my career trajectory but have also reinforced my commitment to excellence in these specialised areas of law.

    After working with esteemed law firms, what motivated you to establish your own practice? Were there any significant hurdles or challenges that you faced while setting up your firm, and how did you overcome them? Additionally, what was your vision behind taking this significant step in your career?

    From the very outset of my legal career, I harboured a strong desire to work for myself, but I was conscious that before taking such a step, I needed to gain a thorough understanding of the law in specific areas. My time with esteemed law firms provided me with invaluable exposure, but I always knew that establishing my own independent practice would allow me to shape my professional journey in a way that aligned with my aspirations.

    One of my foremost motivations for starting my own practice was my ambition to establish myself as an arguing counsel. I believed that stepping into independent practice was the ideal way to hone my advocacy skills and take on more significant litigation roles. Throughout this journey, I have been fortunate to have the unwavering support of my seniors, including Mr Aaditya Shankar Prasad, and my loved ones, who have always encouraged me during challenging times.

    Of course, the decision to leave a well-salaried job to venture into independent practice was not an easy one. The financial uncertainty that comes with such a transition is daunting, but I was fortunate to have a few clients from my very first job, which provided me with a foundation to build upon. Instead of being deterred by the challenges, I remained focused on specific areas of law—particularly Insolvency & Bankruptcy and Real Estate disputes—that would allow me to generate work and grow my practice strategically.

    My vision has always been clear—to establish myself as one of the finest litigation lawyers in the fields of IBC and Real Estate disputes. I am committed to continuous learning, refining my advocacy, and making a meaningful contribution to these specialised areas of law. The journey so far has been demanding yet deeply fulfilling, and I look forward to further strengthening my expertise and reputation in the years to come.

    Your extensive expertise in Insolvency and Bankruptcy (IBC), particularly in cases involving companies such as Earthcon Universal Infratech and Unity Group, UNIBERA CIRP,  and other CIRP cases have been widely recognized. From your experience, what are the most common challenges that businesses and creditors face in these proceedings? How do you adapt your approach to each unique case to ensure the best possible outcome for your clients?

    My experience in handling Corporate Insolvency Resolution Processes (CIRP) for companies such as Earthcon Universal Infratech, Unity Group, UNIBERA CIRP, and several other real estate insolvency cases has provided me with deep insights into the challenges faced by various stakeholders, particularly creditors.

    In real estate insolvencies, homebuyers and operational creditors often emerge as the primary victims of the litigation process. The insolvency framework, both legislatively and judicially, has traditionally prioritised financial creditors, leaving operational creditors in a precarious position. One of the most pressing challenges they face is their exclusion from the Committee of Creditors (CoC), which consists predominantly of financial creditors. This exclusion severely limits their ability to influence resolution plans, often resulting in minimal or, at times, no recoveries at all. The disparity in treatment has led to persistent concerns regarding the fairness of the insolvency resolution process and calls for reforms to ensure a more equitable distribution of assets among all stakeholders.

    Each case presents its own set of complexities, and my approach is always tailored to achieve the best possible outcome for my clients. For operational creditors, the key lies in strategically asserting their rights within the existing legal framework while pushing for a more balanced interpretation of insolvency laws. This often involves challenging unfair treatment before tribunals and courts to ensure that their interests are not completely disregarded. For homebuyers, the focus remains on maximising recoveries through structured legal strategies and advocating for resolutions that safeguard their investments.

    Navigating insolvency proceedings requires a combination of legal expertise, strategic foresight, and a deep understanding of financial intricacies. My goal is always to bridge the gap between legal provisions and practical realities, ensuring that my clients—whether operational creditors, homebuyers, or other stakeholders—receive the strongest possible representation to protect their interests in an otherwise complex and often unfavourable system.

    You have handled several high-profile money laundering cases before the PMLA. Could you share the most challenging white-collar crime case you’ve dealt with and how you navigated the intricate legal challenges involved? What strategies did you employ to ensure a successful defense?

    As a legal practitioner handling complex white-collar crime cases under the Prevention of Money Laundering Act (PMLA), confidentiality and discretion are paramount. While I cannot disclose specific details due to the sensitive nature of these matters, I can broadly share that I have worked on several high-profile cases, including a widely publicised airline scam, two major bank fraud cases, real estate-related laundering matters, and a case involving a prominent political figure who was a former Chief Minister of a state.

    Each of these cases presented unique challenges, particularly due to the interplay of multiple statutes, cross-border transactions, voluminous financial records, and the rigorous scrutiny of enforcement agencies. Navigating such intricate legal complexities required not only a deep understanding of PMLA but also a strategic, multi-faceted defence approach.

    Under the guidance of my esteemed seniors, I gained invaluable experience in tackling these high-stakes matters. The key to an effective defence in PMLA cases often lies in meticulously dissecting financial trails, challenging procedural lapses, and ensuring that the fundamental rights of the accused are upheld throughout the proceedings. A proactive approach—combining thorough legal research, forensic financial analysis, and strategic litigation—was instrumental in mounting a strong defence.

    Beyond the legal technicalities, these cases reinforced the importance of adaptability and precision in white-collar crime litigation. Each matter provided a profound learning experience, further honing my expertise in handling intricate financial crime cases and reinforcing my commitment to delivering the highest standard of legal representation in this challenging domain.

    As a legal advisor to CREDAI and with your extensive experience in real estate advisory, what do you consider to be the most pressing legal challenges facing the real estate sector in India today? How do you foresee the sector evolving, especially in terms of legal reforms and challenges in the coming years?

    As a legal advisor to CREDAI and someone who has been deeply involved in real estate advisory and litigation, I have witnessed first-hand the evolving legal landscape of the sector. From the outset of my legal career, I was drawn to real estate law, and my expertise in this domain led to independent advisory roles for several prominent developers. Today, I have the privilege of advising over a dozen builders, guiding them through the intricate legal framework that governs this critical industry.

    The real estate sector in India faces a myriad of legal challenges, many of which stem from regulatory uncertainties, compliance burdens, and financial complexities. One of the most pressing issues is the interplay between multiple laws—such as the Insolvency and Bankruptcy Code (IBC), the Real Estate (Regulation and Development) Act (RERA), the Arbitration and Conciliation Act, the SARFAESI Act, the Negotiable Instruments Act, and various criminal laws—each of which plays a significant role in real estate disputes. Developers often find themselves entangled in prolonged litigation, particularly in insolvency matters, while homebuyers and other stakeholders struggle with delays in project delivery. Ensuring a balanced approach that protects consumer rights while providing a viable legal framework for developers remains a crucial challenge.

    In my role as an advisor to CREDAI, I have handled high-stakes cases worth billions of rupees, appearing before the Hon’ble High Court and the Supreme Court of India. These experiences have reinforced my belief that the real estate sector holds immense potential for growth, provided that both developers and policymakers work in tandem to create a more transparent and efficient regulatory environment. The government must take proactive steps to streamline approval processes, enhance dispute resolution mechanisms, and promote investment-friendly policies. At the same time, developers must ensure strict compliance with legal frameworks to build credibility and sustain long-term growth.

    Looking ahead, I foresee significant legal reforms aimed at strengthening investor confidence and addressing the structural bottlenecks that often hinder real estate development. Countries like the UAE, particularly Dubai, have demonstrated how robust legal frameworks and government support can drive infrastructure growth and urban development. India must follow a similar trajectory by fostering a legal environment that encourages both domestic and foreign investments while ensuring fair treatment of all stakeholders.

    For young lawyers, the real estate sector presents a strong foundation in the early years of practice. Given its interdisciplinary nature, I strongly recommend mastering key legal areas such as IBC, RERA, arbitration, SARFAESI, the NI Act, and criminal law, all of which are extensively utilised in real estate litigation. The sector is not only financially rewarding but also offers immense opportunities for those willing to navigate its complexities with diligence and expertise.

    With your extensive and diverse experience in the legal field, what advice would you offer to young professionals who aspire to build a successful career in commercial litigation and high-stakes legal matters? What skills or mindset do you believe are crucial for excelling in these challenging areas of law?

    For young professionals aspiring to establish a career in commercial litigation and high-stakes legal matters, my foremost advice would be to develop a strong foundation in key legal areas and cultivate the appropriate mindset to navigate the complexities of this profession. Building meaningful professional relationships, working diligently during law school, and dedicating oneself to internships are essential elements in laying the groundwork for a successful legal career. Engaging in continuous internships, contributing to legal scholarship through writing, and staying updated with the latest judicial developments are indispensable practices for any law student. These endeavours not only refine legal skills but also provide a competitive edge in an ever-evolving field.

    To young lawyers, including those at the early stages of their careers, I would offer similar guidance—work with diligence and identify an environment where your skills and aspirations align. Understanding one’s own strengths and capabilities is crucial, as is recognising when and where to apply them effectively. Strategic application of one’s abilities at the right stage can make a significant difference in professional growth and success.

    For those entering this field, I strongly recommend gaining proficiency in statutes that frequently intersect with commercial disputes, such as the Insolvency and Bankruptcy Code (IBC), the Real Estate (Regulation and Development) Act (RERA), the Arbitration and Conciliation Act, the SARFAESI Act, the Negotiable Instruments Act, and relevant provisions of criminal law. A thorough command of these statutes not only enhances legal acumen but also equips aspiring litigators with the requisite tools to handle complex financial and contractual disputes with confidence and precision.

    Furthermore, it is imperative to acknowledge that, in the legal profession, financial success should not be the primary objective. Instead, establishing a strong reputation through dedication, resilience, and unwavering commitment to the practice of law is of paramount importance. Recognition and professional success follow those who invest in their craft with sincerity and perseverance. It is through consistent effort, integrity, and expertise that one truly distinguishes oneself in the legal profession.

    Commercial litigation and high-stakes legal practice present immense opportunities for those willing to embrace the challenges. With the right mentorship, a commitment to continuous learning, and a strategic approach, young lawyers can carve a distinguished career in this demanding yet highly rewarding field. True success, recognition, and a lasting reputation are achieved not by seeking shortcuts but by consistently demonstrating excellence, ethical integrity, and an unwavering dedication to the law.

    Given the demanding nature of your legal career, balancing professional responsibilities with personal well-being can be challenging. How do you manage to strike a harmonious balance between your professional and personal life, and what strategies do you use to ensure both aspects thrive without compromising either?

    Balancing professional responsibilities with personal well-being is indeed a challenge in the legal profession, given its demanding nature. However, I firmly believe that a good lawyer must not only excel in their practice but also take care of every aspect of life to ensure long-term success and fulfilment.

    For me, achieving this balance starts with mindful time management and setting clear priorities. While my professional commitments require unwavering dedication, I make a conscious effort to nurture my personal life as well. Travelling is something I truly enjoy, as it allows me to disconnect from the routine, gain new perspectives, and return with renewed energy. Spending quality time with my parents and staying in touch with loved ones are also essential aspects of my life, as they provide emotional support and grounding amidst a busy schedule.

    Additionally, I have always been eager to meet new people and engage in social interactions, as I believe that meaningful conversations and diverse perspectives contribute immensely to both personal and professional growth. Beyond work, I ensure that I dedicate time to my physical well-being through regular exercise and sports, which help in maintaining focus, reducing stress, and enhancing overall productivity.

    Ultimately, I believe that a well-rounded approach to life is key to excelling in the legal profession. By staying connected with loved ones, pursuing interests beyond work, maintaining a healthy lifestyle, and embracing new experiences, I strive to ensure that both my professional and personal life thrive without compromise.

    Get in touch with Pranav Gupta –

  • “My path to law was a blend of intent and organic evolution, deeply influenced by the strong women in my family.” – Aindrila Biswas, Managing Partner at Lex Meliora Partners and Associates.

    “My path to law was a blend of intent and organic evolution, deeply influenced by the strong women in my family.” – Aindrila Biswas, Managing Partner at Lex Meliora Partners and Associates.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    With over a decade of experience in law, what initially drew you to this profession? Was it a deliberate choice from the beginning, or did it develop more organically over time? Also, how would you describe your time at National University of Juridical Sciences (NUJS – Kolkata)? 

    My path to law was a blend of intent and organic evolution, deeply influenced by the strong women in my family. Coming from a lineage where resilience and empowerment were ingrained, I grew up watching my great-grandmother, my grandmother—a dedicated nurse—and my mother, a high school teacher in a small village, fight for their rights and carve their own identities in society. Their strength and determination shaped my worldview and instilled in me the belief that women must assert themselves in every sphere, especially in professions where they are often underestimated.

    From an early age, I was acutely aware of how society tends to give less importance to women’s ambitions and careers. However, my parents always encouraged me to be bold, firm in my convictions, and unwavering in integrity. Their teachings laid the foundation for my passion for advocacy—standing up for what is right and ensuring that justice is accessible to those who need it the most.

    Growing up in a small town, I had no prior knowledge of NUJS. It was through a newspaper article that I first came across the institution. At that time, access to the internet was limited, and mobile phones were not commonplace. Intrigued, I wrote a letter to a Bengali newspaper seeking more information about NUJS and its law program. After reading about the college and understanding its potential, I became determined to pursue law after my 12th grade. I took the entrance exam, and to my surprise, I got selected—something I discovered only seven days after the results were published. 

    However, cracking NUJS was only the first challenge. As a student from a Bengali-medium background, adapting to the rigorous academic environment was daunting. The initial years were particularly tough, but the faculty at NUJS was incredibly supportive, helping me overcome my fears and language barriers. Despite these challenges, I never let adversity deter me. I used every opportunity to gain practical exposure, completing a dozen of internships across India during the entire law course. These experiences not only deepened my legal understanding but also prepared me for the real-world dynamics of the profession.

    NUJS was truly a transformative experience. It provided the academic rigor and practical training that shaped my legal acumen. Surrounded by some of the brightest minds in the country, I learned to think critically, challenge the status quo, and embrace the complexities of the law. Watching legal dramas like Boston Legal during my time there further reinforced my passion for litigation, making me realize how powerful the law can be in shaping lives and businesses.

    The friendships and professional relationships I built during my time at NUJS continue to influence my career today. It was here that I developed the resilience and strategic thinking that ultimately led me to establish my own law firm “Lex Meliora”—a decision driven by my unwavering belief in justice and my desire to make a tangible impact in the legal landscape.

    During the early stages of your career, what experiences stood out as pivotal in shaping your skills and steering you towards success?

    The early years of my career were a whirlwind of challenges and learning opportunities. One of the most pivotal experiences was working on high-stakes corporate transactions where I had to balance legal precision with business strategy. Drafting airtight contracts, negotiating deals, and handling litigation matters—all under immense pressure—taught me resilience and the importance of meticulous preparation.

    Another defining moment was navigating complex intellectual property disputes for multinational companies, where I saw first hand how the right legal strategy could protect innovation and brand value. These experiences solidified my expertise in corporate and IP law while reinforcing my drive to make a tangible impact.

    What motivated your shift from working in law firms and practicing with advocates to the corporate sector? How did you find the cultural differences between these environments, and how did you navigate them?

    My shift from traditional litigation and law firms to the corporate sector was driven by a deeper aspiration—I didn’t just want to be a legal advisor; I wanted to be a strategic partner in decision-making. The corporate sector offered an opportunity to work at the intersection of law and business, where legal frameworks could be leveraged not just for compliance but as tools for growth, brand protection, and innovation.

    During my tenure at Hindustan Unilever Limited (HUL), I was primarily responsible for handling litigation related to intellectual property (IP) infringement and brand protection. This role reinforced how critical it is for companies to safeguard their brand reputation and enforce a zero-tolerance policy against infringers. At HUL, we adopted proactive legal strategies to mitigate risks, taking swift action against counterfeiters and unauthorized use of trademarks. I learned firsthand how legal mechanisms, when effectively utilized, could become a powerful shield against market threats and strengthen brand value in a competitive landscape.

    Later, my experience at Flipkart deepened my understanding of the complexities of e-commerce operations and digital brand protection. With a vast marketplace involving thousands of brands and independent sellers, ensuring brand integrity in a rapidly evolving digital ecosystem was both a challenge and a priority. As part of the legal team, we designed and implemented strategic frameworks to detect and eliminate IP infringements while balancing the interests of both brands and marketplace sellers. The role required not just legal expertise but also cross-functional collaboration, working closely with policy teams, product managers, and enforcement agencies to create sustainable and scalable solutions.

    The transition from law firms to in-house roles also came with a significant cultural shift. Law firms operate in a high-pressure, client-driven environment, where success is often measured by billable hours and case wins. In contrast, the corporate world focuses on long-term risk mitigation, compliance, and internal stakeholder alignment. Adapting to this environment required a shift in mindset—I moved from purely legal problem-solving to a solution-oriented, business-driven approach. Understanding the company’s commercial objectives became just as crucial as legal precision, and my role evolved to ensure that legal strategies aligned seamlessly with business goals.

    This journey not only broadened my perspective on how businesses function but also solidified my expertise in brand protection, IP enforcement, and regulatory compliance in both traditional and digital marketplaces. It ultimately paved the way for me to return to litigation—this time as the founder of my own firm, where I could blend my corporate experience with my passion for advocacy, ensuring that businesses, innovators, and brand owners receive strong, strategic legal representation in an ever-evolving legal landscape.

    In your experience working with data privacy and security issues in the Software as a Service (SaaS) sector, how do you incorporate emerging data protection laws like GDPR, CCPA, and the DPDP Act 2023 into your policy development strategies, and what measures do you take to ensure compliance and manage potential legal risks?

    Data privacy and security in SaaS are evolving landscapes, and compliance isn’t just about ticking legal boxes—it’s about building trust. My approach to integrating GDPR, CCPA, and the DPDP Act 2023 into policy development involves:

    1. Proactive Compliance Frameworks â€“ Instead of reactive measures, I focus on embedding privacy by design into SaaS products from the outset.
    2. Risk-Based Approach â€“ Conducting Data Protection Impact Assessments (DPIAs) to identify potential risks early.
    3. Cross-Border Data Strategies â€“ Given the global nature of SaaS, I ensure that data transfer mechanisms (such as SCCs and BCRs) align with international regulations.
    4. Employee & Stakeholder Training â€“ Compliance is as strong as the people implementing it. Regular training ensures that teams understand the nuances of these laws.
    5. Incident Response & Risk Mitigation â€“ Establishing strong breach notification protocols and working closely with cybersecurity teams to minimize risks.

    The future of SaaS compliance lies in anticipation, not reaction. Laws like GDPR, CCPA, and DPDP Act 2023 are not static; they evolve with technology. I ensure my clients remain ahead of the curve by integrating AI-driven compliance, robust incident response, and adaptive policy frameworks, making data privacy a business enabler rather than just a regulatory hurdle.

    As a strategic IP advisor, what were some of the key challenges you encountered in balancing robust IP compliance with the rapid growth of e-commerce and digital platforms?

    As I was associated with one of the giant E-commerce Platform in India  and was responsible for IP infringement domain charter, I realized the biggest challenge in e-commerce and digital platforms is striking a balance between innovation and regulatory compliance. The rapid growth of online marketplaces has introduced complex legal risks, requiring a multi-layered approach to consumer protection, intellectual property enforcement, fraud prevention, and regulatory adherence. Over the years, I have worked extensively in structuring legal frameworks to safeguard brands, consumers, and businesses operating within these platforms.

    The biggest challenge in e-commerce IP compliance is balancing innovation with regulatory enforcement. The rapid growth of digital platforms has led to increased risks of counterfeit sales, trademark violations, deceptive advertising, and fraud. My approach focused on:  

    1. Proactive IP Enforcement – Implemented AI-driven brand protection tools, automated takedown mechanisms, and legal action against repeat offenders.  

    2. Robust Contractual Safeguards – Strengthened vendor agreements, advertising contracts, and platform policies to ensure compliance and minimize disputes.  

    3. Enhanced Seller Verification & Monitoring – Developed multi-step verification, KYC protocols, and fraud detection frameworks to prevent unauthorized listings and financial fraud.  

    4. Regulatory Compliance & Consumer Protection – Ensured adherence to global advertising laws, GST regulations, and e-commerce policies to prevent misleading claims and legal liabilities.  

    5. Strategic Collaboration & Adaptation– Worked with law enforcement, regulatory bodies, and internal teams to continuously update compliance frameworks in response to evolving threats.  

    By integrating technology-driven enforcement, strong legal frameworks, and collaborative strategies, I helped create a secure, compliant ecosystem that protects brands, consumers, and platform integrity.

    By taking a multi-dimensional legal approach, e-commerce platforms can foster innovation while ensuring a secure and compliant ecosystem—one that safeguards consumers, protects brands, and maintains trust in the digital marketplace.

    Staying ahead of these challenges meant continuously updating legal strategies to match evolving technologies and regulations. The approach needs to be proactive and collaboration with all the stakeholders are important to tackle such risk.  Seller digital agreement, warning, verification, monitoring listings are highly crucial to maintain an integrated platform.

    After gaining extensive experience with top legal firms, what inspired you to start your own practice? What were some of the biggest challenges you encountered in the early stages, and how did you overcome them?

    After years in top legal firms, I realized that true fulfilment lay in autonomy, impact, and purpose. While the experience was invaluable, the constraints of bureaucracy, internal politics, and a misalignment with my values pushed me to take a bold step—starting my own practice. I wanted the freedom to advocate for justice without compromise and create a legal environment where integrity and excellence thrived.

    However, the journey was not without challenges. Establishing credibility, managing finances, navigating litigation unpredictability, and gaining client trust were initial hurdles. With persistence, strategic networking, and a strong support system—my husband, Sandip Chakraborty, and best friend, Valerie Kithan, who are partner  the firm with me—we built a practice grounded in trust, expertise, and client-first advocacy.

    Looking back, stepping away from a toxic work culture was the best decision. It allowed me to reclaim my professional integrity and build something meaningful. Today, our firm stands as proof that when passion and courage align, they create something truly unstoppable.

    As digital technologies advance, how do you foresee the intersection of Intellectual Property (IP) and Cyber Law influencing the future of data protection, online privacy, and digital rights enforcement?

    As digital technologies advance, the intersection of Intellectual Property  and Cyber Law is becoming one of the most dynamic areas of legal evolution. The increasing digitization of content, the rise of artificial intelligence, and the proliferation of cyber threats are forcing regulators, businesses, and individuals to rethink the legal frameworks governing ownership, privacy, and enforcement in the digital age. The rapid growth of AI, digital content, and cyber threats necessitates proactive legal frameworks to balance innovation with enforcement particularly in data protection, online privacy, and digital rights enforcement.

    I believe there are a few key trends shaping the future:

    1. Stronger IP Enforcement Against AI-Generated & Pirated Content
      • AI is accelerating content creation but also increasing digital piracy and misuse.
      • Expect stricter copyright laws, AI-powered infringement detection, and greater platform accountability.
    2. AI-Driven IP Ownership Challenges
      • Traditional IP laws struggle with AI-generated works—who owns AI-created content?
      • Future reforms may introduce hybrid ownership models and AI-specific IP regulations.
    3. Enhanced Data Security & Cyber Law Compliance
      • Rising cyber threats demand stricter regulations (GDPR, CCPA, DPDP Act 2023).
      • Companies will face increased liability for data breaches and cross-border cyber enforcement.
    4. User-Centric Privacy & Digital Rights
      • Laws will give individuals more control over their digital footprints and personal data.
      • Emerging disputes over algorithmic bias, data monetization, and digital IP ownership (e.g., NFTs).

    The future of IP and Cyber Law will be defined by a delicate balance between technological innovation and legal safeguards. The harmonization of global regulations, advancements in AI-driven enforcement mechanisms, and the proactive role of digital platforms will be critical in shaping a fair, transparent, and secure digital ecosystem. The challenge for legal professionals will be to stay ahead of emerging risks while ensuring that laws evolve in tandem with technological advancements.

    Reflecting on your career, what project or initiative stands out as the most fulfilling?

    I have had the privilege of working on multiple projects and initiatives, but one of the most fulfilling and high-impact experiences was leading a complex cross-border IP litigation. This case involved securing brand rights across multiple jurisdictions, navigating intricate international IP laws, and addressing challenges posed by varying enforcement mechanisms. The litigation was particularly demanding, requiring strategic legal interventions, coordination with global legal teams, and in-depth jurisdictional analysis. However, the successful outcome not only protected the company’s innovation and market presence but also set a precedent for future IP disputes, reinforcing stronger brand protection strategies in the digital economy.

    One of the most impactful and rewarding aspects of my career has been developing Digital Brand Protection Mechanisms, particularly leading a dedicated Brand Coalition Program for an e-commerce platform. This initiative was instrumental in safeguarding brands against unfair competition, counterfeit products, and trademark infringement, ensuring that intellectual property rights were upheld in the digital marketplace. 

    Moreover, collaborating with customs authorities, enforcement agencies, and the Directorate of Revenue Intelligence (DRI), I actively participated as a Speaker in conducting awareness programs to combat IP infringement. These initiatives not only empowered enforcement officials but also educated students and consumers on the risks of counterfeit goods, helping them make informed choices and avoid fraudulent products.

    Beyond IP enforcement, I have also engaged in legal awareness programs in the healthcare industry, focusing on critical laws related to women and child protection. As a speaker at various industry forums, I have addressed key legal frameworks such as the Protection of Women from Sexual Harassment (POSH) Act, 2013, Protection of Children from Sexual Offences (POCSO) Act, 2012, and Medical Examination Guidelines under the Criminal Law (Amendment) Act, 2013. These sessions aimed at equipping healthcare professionals, including doctors and nurses, with the necessary legal knowledge to handle cases of sexual abuse and victim examination sensitively and in compliance with legal protocols. The intersection of law, business ethics, and social responsibility has been at the core of my work, making these experiences deeply fulfilling and reinforcing my commitment to legal advocacy and reform.

    What advice would you offer to aspiring lawyers aiming to impact multiple areas of law like IP and Cyber Law?

    For aspiring lawyers looking to make a meaningful impact in Intellectual Property  and Cyber Law, my key advice would be to cultivate a mindset of continuous learning and adaptability. The legal landscape is constantly evolving, especially in the digital age, where technological advancements challenge traditional legal frameworks. Staying curious and informed about emerging trends—whether in AI-driven copyright issues, digital piracy, or evolving data protection laws—is essential for staying ahead in these dynamic fields.

    A strong foundation in technology is crucial for IP and Cyber Law practitioners. Understanding how blockchain, AI, and digital platforms operate enables lawyers to provide practical, forward-thinking legal solutions. The intersection of law and technology demands not just legal expertise but also technical awareness to navigate issues such as data security breaches, algorithmic bias, and digital rights enforcement.

    Strategic networking is another powerful tool. Engaging with tech entrepreneurs, cybersecurity experts, and legal professionals opens doors to new opportunities and insights. Attending industry conferences, contributing to legal discussions, and collaborating on interdisciplinary projects can expand one’s professional influence and expertise.

    Finally, adaptability is key. The most effective lawyers are those who not only understand the law but know how to apply it in real-world, business-driven scenarios. Whether it’s structuring IP licensing agreements, tackling e-commerce infringements, or shaping regulatory policies, being able to anticipate challenges and craft innovative legal strategies sets apart exceptional legal professionals in these fields.

    Given the demanding nature of your profession, how do you maintain a healthy work-life balance?

    Maintaining a healthy work-life balance in the legal profession is not about rigidly dividing time but about mindfully integrating work with personal well-being. I have learned that setting boundaries, prioritizing effectively, and embracing flexibility are key. Litigation and corporate advisory can be all-consuming, but I ensure that I carve out time for what truly matters—family, personal growth, and mental well-being. My husband, Sandip, and my best friend, Valerie, who co-founded the firm with me, have been my strongest pillars, reinforcing the importance of having a support system that shares your vision. I also believe in delegation and building a strong, self-sufficient team, which allows me to focus on high-impact work without burnout. Unwinding with books, traveling, and pursuing creative interests keeps me energized, and I make a conscious effort to disconnect from work when needed. Ultimately, balance is not about working less but about working smarter, knowing when to push forward and when to pause, ensuring that passion never turns into exhaustion.

    get in touch with Aindrila Biswas –

  • “Over the years, I have witnessed how IP law has expanded from traditional Patents and Trademarks to addressing digital content, AI-generated works, and global enforcement challenges.” – Shipra Alisha Philip, Senior Associate at RNA Technology and IP Attorneys. 

    “Over the years, I have witnessed how IP law has expanded from traditional Patents and Trademarks to addressing digital content, AI-generated works, and global enforcement challenges.” – Shipra Alisha Philip, Senior Associate at RNA Technology and IP Attorneys. 

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    With your extensive and impressive expertise in Intellectual Property matters, looking back on your remarkable career journey, what initially inspired you to pursue a career in law? What was the driving force behind your decision to specialize in the dynamic and specialized field of IP law, and how have you seen the field evolve over the years?

    Growing up as a girl in Patna, a city full of ambitions, I always dreamed of making a difference. Growing up in a society where career paths often followed traditional expectations, I had ambitions that went beyond the norm. However, despite being surrounded by convention, I was fortunate to have parents and a brother who supported my aspirations and encouraged me to pursue my dreams. From an early age, I was determined to carve my own path and make a meaningful impact. I was driven by the idea that no matter where you come from, determination and passion can open doors to incredible opportunities. I have always been a creative person, drawn to ideas, innovation, and the power of original thought. That’s what led me to law because, at its core, law is about shaping and protecting ideas that can change the world.  

    As I delved deeper into legal studies, it was Intellectual Property (IP) law that truly captured my passion. It was thrilling to see how a single patent, trademark, or copyright could empower inventors, businesses, and creative minds worldwide. That realization fuelled my decision to specialize in this field. Also, while many areas of law are well-settled and fixed, IP law evolves constantly, adapting to technological advancements, new business models, and creative breakthroughs.

    Over the years, I have witnessed how IP law has expanded from traditional patents and trademarks to addressing digital content, AI-generated works, and global enforcement challenges. It has transformed into a field that is deeply intertwined with the future of technology and business. Looking back, my journey has been about pushing boundaries, embracing change, and proving that creativity and ambition can redefine expectations. IP law continues to inspire me because it never stands still. It grows with society, with technology, and with the brilliant minds it seeks to protect. 

    Reflecting on the early stages of your career, from internships to your initial legal roles, what were some of the most formative experiences that helped shape your foundation in the legal profession, especially in IP law? How did these early challenges prepare you for your current success in this highly specialized area?

    From the very beginning of my career, I had the opportunity to work at top-tier law firms, each playing a pivotal role in shaping my foundation in the legal profession. Every firm I worked at contributed uniquely to my growth, equipping me with the skills and confidence to navigate the complexities of IP law.

    Starting with a strong litigation background, I developed a keen eye for detail and the ability to anticipate legal hurdles early on. As a fresher, meticulous attention to detail was the primary expectation, a skill I quickly honed while handling high-stakes IP matters. I was also encouraged to ask as many questions as possible, as my seniors often emphasized that “no question is stupid.” This supportive environment helped me shed any inhibition about seeking clarifications, allowing me to develop a deeper understanding of the law and intricate IP matters. These early experiences refined my analytical skills, strengthened my problem-solving approach, and laid a strong foundation for my career in IP law.

    Over time, I was given direct exposure to client handling, allowing me to lead conferences and calls independently. This experience not only refined my communication skills but also solidified my confidence in the knowledge I had gained over time. It allowed me to apply that expertise effectively in my advisories, ensuring practical and strategic solutions for clients. 

    These formative experiences prepared me to take on greater responsibilities in my current senior role at RNA Technology and IP Attorneys. At RNA, I have had the opportunity to lead complex IP matters while also showcasing my expertise at international and national IP conferences, building strong professional networks. Additionally, my firm has encouraged me to contribute to the broader IP discourse through various publications, where I have explored pressing topics such as landmark international and Indian rulings and their impact on the Indian copyright and trademark landscape, brand challenges and counterfeiting in the nutraceutical industry, the impact of AI, IP, and data privacy in India’s growing medical tourism, the trends, regulations, and IP hurdles in the Indian pet food industry, and evidence admissibility in trademark disputes. What sets RNA apart is its commitment not just to the firm’s growth but also to individual professional branding. This support has allowed me to refine my expertise, expand my industry presence, and actively engage in thought leadership within the IP space. Each step in my journey has reinforced my passion for IP law and my ability to adapt to its ever-evolving landscape.

    As someone with deep expertise in handling domain name disputes, particularly before NIXI, what are the key legal considerations that must be taken into account when addressing such issues? Could you share a particularly memorable or challenging case from your experience and how you navigated it, offering valuable insights for aspiring lawyers in this domain?

    When addressing domain name disputes, several legal considerations must be taken into account:

    1. The complainant must establish trademark rights over the disputed domain. Even if the mark is unregistered, demonstrating extensive use and brand recognition can strengthen their case.
    2. The disputed domain name must be identical or confusingly similar to the complainant’s trademark. Minor variations, such as typo squatting, do not necessarily create distinctiveness.
    3. The respondent may avoid liability if they can prove legitimate rights or a fair use of the domain, such as using the domain for a genuine business unrelated to the complainant’s brand; being commonly known by the domain name; and/or making non-commercial, fair use of the domain.
    4. The complainant must prove that the domain was registered and/or used in bad faith, such as: acquiring it with the intent to sell at an inflated price or misleading consumers, phishing, or redirecting traffic to a competitor.
    5. A respondent may defend their case by proving legitimate rights, such as using the domain for a genuine business unrelated to the complainant’s brand; being commonly known by the domain name; and/or making non-commercial or fair use of the domain.

    In a high-profile INDRP dispute, I defended a client against a corporation alleging bad faith registration. Through strong evidence, we proved:

    • The domain had a legitimate, bonafide use.
    • The complainant knew of the domain but took no action (acquiescence).
    • Market research showed third-party usage of the complainant’s mark, weakening exclusivity claims.
    • Inconsistencies in the complainant’s prior trademark office positions further undermined their case.

    The arbitrator ruled in our favor, reinforcing that trademark ownership alone does not guarantee domain rights.

    For aspiring lawyers in this field, my advice is:

    • Assess legitimate interest. A trademark does not automatically grant domain rights. The complainant must prove bad faith registration and lack of legitimate interest on the respondent’s part.
    • Prior knowledge of the domain without action weakens the complainant’s case. Always advise clients to review old records, emails, or correspondence for any indication of prior knowledge. As lawyers, conducting online research, scanning publicly available documents such as publications, interviews, advertisements, etc. can uncover evidence of acquiescence.
    • Review past trademark claims and court proceedings to identify inconsistent pleadings of the parties.
    • Market research is crucial. A thorough investigation into how a mark is used across different industries can weaken a complainant’s exclusivity claim and help establish generic or descriptive use of a term.
    • Domain disputes are not won on allegations alone. Well-documented evidence, strong legal arguments, and meticulous research are essential to securing a favourable outcome.
    • With the growing importance of online branding, domain disputes are becoming increasingly complex. Aspiring IP professionals must stay updated on digital enforcement strategies, evolving domain name laws and policies, and international best practices to remain competitive in this space.

    Managing global trademark portfolios is no small feat. What are some of the most significant challenges you encounter when dealing with international trademarks, and how do you navigate these complexities to deliver exceptional results for your clients? Could you share the most complex or fascinating trademark matters you’ve dealt with?

    Well, managing international trademarks in India poses challenges due to jurisdictional differences, procedural complexities, and evolving legal standards. Key challenges and strategies include:

    1. Classification Challenges: India follows the Nice Classification system, but jurisdictional variations in interpretation, overlapping classes, and administrative constraints can create uncertainties. Market practices and evolving product categories further complicate classification. Careful jurisdiction-specific analysis is essential.
    2. Registrability Issues: Descriptiveness and genericness are interpreted differently across jurisdictions. A comprehensive clearance search can help assess registrability and mitigate objections.
    3. Prior Use vs. First-to-File: Unlike strict first-to-file jurisdictions, India recognizes common law rights. Foreign brands without prior use may face opposition from local businesses. Proactive filings and documented use evidence are crucial.
    4. Trademark Squatting: Unauthorized third parties often register well-known foreign brands in India. Legal remedies like oppositions, cancellations, and rectifications, along with watch services, help address potential infringements early.
    5. Budget Constraints and cost-effective protection: Costs for trademark filings, renewals, oppositions, and enforcement can be unpredictable. A flexible budget should anticipate expansion needs and enforcement actions. Recommending prioritization of key markets and leveraging cost-efficient systems like the EU Trademark and WIPO’s Madrid System for multi-country filings can be beneficial.
    6. Competitive Monitoring: Tracking competitor filings and industry trends is essential. Regular trademark database analysis helps businesses stay ahead of emerging market developments.
    7. Record Maintenance: Outdated trademark records complicate enforcement and transactions. Prompt updates for assignments, name changes, and acquisitions ensure legal clarity.
    8. Leveraging Technology: Manual processes slow portfolio management. AI generated tools enhance efficiency in searches, classification, and trademark monitoring.
    9. M&A Due Diligence: Hidden conflicts or weak rights can impact acquisitions. Thorough due diligence, verifying ownership, status, and conflicts mitigate risks.

    By addressing these challenges with strategic planning, businesses can efficiently manage global trademark portfolios while minimizing risks and costs.

    One of the complex trademarks matters I handled involved a global brand facing objections from the Indian Trademark Office at the examination stage. Although our client’s brand had been adopted, registered, and widely used internationally long before, the objections were based on similar third-party trademark registrations that predated it in India. The key challenge was establishing the brand’s transborder reputation in India despite limited direct use. To build a strong case, we compiled extensive evidence, including global sales figures, media coverage, and proof of consumer awareness in India. We also examined international conferences where our client’s mark and product had been showcased, many of which were attended by Indian delegates, thus demonstrating brand exposure among potential consumers in India. Additionally, we submitted old correspondence from Indian entities inquiring about our client’s product under the disputed trademark. Through strategic arguments and well-documented evidence, we successfully secured the brand’s rights in India.

    Trademark opposition and rectification petitions are complex and nuanced processes. How do you approach the preparation and management of these cases? What research tools do you rely on, and how would you assess the effectiveness of the trademark registry in resolving disputes in a timely manner?

    My approach begins with comprehensive preliminary research, analysing the trademark’s history, including prior use, registrations, assignments, and any past opposition, rectification, or litigation. A strong opposition or rectification petition hinges on clear, compelling arguments. It is therefore crucial to assess the similarity or dissimilarity of competing marks through various legal principles, such as the Rule of Anti-Dissection and Dominant Feature, while also examining grounds like non-use, likelihood of confusion, bad faith adoption, misrepresentation, and inconsistent pleadings before judicial authorities and tribunals.

    To establish prior rights and brand goodwill, I rely on market research, global brand reputation reports, advertisements, social media presence, publications, consumer recognition surveys, etc. Website archives, trademark journal publications, and business reports also help substantiate claims.

    In terms of research tools, I extensively use trademark registry databases, WIPO’s Global Brand Database, EU trademark database, domain name databases, Registrar of Companies (ROC) records, social media searches, and online archives to track prior filings, international use, and potential conflicts. Litigation databases and court records are equally valuable in assessing past disputes involving the contested mark. Additionally, the use of AI-powered tools significantly enhances legal and trademark research, strategy-building and trademark monitoring to help identify potential conflicts more efficiently. 

    The Indian Trademark Registry has made improvements in handling disputes efficiently, particularly through digital filings and automation and open house helpdesk portal to address queries. However, challenges persist, including backlogs, procedural inconsistencies, lack of nuanced understanding of IP laws by hearing officers, and frequent adjournments, all of which delay swift resolutions. Despite procedural bottlenecks, leveraging technology alongside a well-researched and strategically argued case significantly increases the likelihood of a favourable and timely outcome.

    As a respected leader managing a team of talented lawyers and paralegals, how do you ensure that workload distribution is both effective and balanced across your team, especially when dealing with high-stakes and intricate IP cases? How do you foster a collaborative environment to ensure your team works cohesively to meet client expectations and deliver top-tier results?

    As a leader managing a team of skilled lawyers and paralegals, I believe in a strategic delegation approach, where tasks are assigned based on individual expertise, experience, and bandwidth. 

    I delegate legal drafting and opinion writing to my lawyers, ensuring they gain hands-on experience in core legal work. I thoroughly review their drafts, provide detailed feedback, and refine their arguments, helping them sharpen their legal reasoning and drafting skills. Where a matter demands deep legal analysis, I personally handle it to ensure accuracy and a strong legal foundation. For particularly complex or high-stakes cases, I seek insights from my partners, leveraging their expertise to strengthen our strategy. The paralegals support research, document and database management, basic drafting, and procedural filings, streamlining the workflow and allowing the team to focus on substantive legal work. 

    Collaboration is at the core of my leadership style. I encourage open communication and make it a point to ask my team, “What challenges are you facing, and how can I support you?” – a principle I learned from my husband. This approach also aligns with my firm’s core values and creates a friendly and supportive environment where challenges are addressed proactively, fostering both professional growth and efficiency. By maintaining clear guidance, open dialogue, and strategic delegation, I ensure that our team works cohesively to meet client expectations and deliver top-tier results.

    To maintain balance and prevent burnout, I regularly assess workload distribution, keeping track of deadlines, case priorities, and individual capacities. Leveraging project management tools and AI-powered legal tech, we monitor case progress, streamline task allocation, and optimize efficiency, ensuring that no single team member is overburdened.

    In pre-litigation enforcement, you play a crucial role in preparing legal notices, settlement proposals, and conflict resolution strategies. What key strategies do you employ to negotiate settlements before issues escalate into full-scale litigation? Additionally, what common pitfalls should companies be mindful of early on to avoid litigation concerning their IP assets?

    Well, the goal is to resolve disputes efficiently while protecting the client’s IP rights. Before initiating any action, a detailed evaluation of the IP rights in question is a must. This includes assessing prior use, registrations, market presence, and the overall strength of the client’s position to determine the best strategy. A well-drafted cease-and-desist notice sets the tone for resolution. In fact, the language of the notice depends on the client’s approach. While it must be firm in asserting rights, it should also leave room for structured discussions. Rather than escalating conflicts immediately, I explore amicable solutions such as settlement options, coexistence agreements, licensing arrangements, branding/packaging modifications, or even buy-out options. This approach fosters dialogue while protecting legal interests. With courts increasingly emphasizing mandatory mediation in IP disputes, pre-litigation enforcement has evolved significantly. Many high courts, particularly the Delhi High Court, actively encourage mediation as the first step before litigation, recognizing its effectiveness in resolving complex conflicts. Whenever possible, I advocate for mediation or arbitration to secure cost-effective and swift resolutions, minimizing the burden of litigation. Beyond legal considerations, I believe it’s essential to weigh the commercial interests of both parties. An enforcement strategy should aim for long-term business viability rather than just short-term legal victories. By balancing legal rights with practical business solutions, disputes can often be resolved more efficiently while maintaining brand integrity and commercial relationships.

    Many businesses make the mistake of launching a brand without conducting comprehensive trademark searches, leading to costly disputes and rebranding efforts. A thorough clearance search can prevent such legal complications. Weak IP contracts are another common issue. Poorly drafted agreements in licensing, joint ventures, or vendor relationships can result in ownership disputes. Clearly defining rights, obligations, and dispute resolution mechanisms is essential. Inconsistent brand use and failure to enforce trademarks can weaken legal rights over time, making regular monitoring and timely action against infringers crucial. Additionally, businesses often neglect to maintain proper evidence of trademark use, such as first use records, advertising, and consumer recognition, which are vital for defending exclusivity in disputes. Rushing into poorly negotiated settlements can also lead to recurring conflicts; settlement agreements should clearly define future use, licensing terms, and territorial rights to ensure long-term protection. By addressing these pitfalls proactively, companies can safeguard their intellectual property and minimize litigation risks.

    Balancing the demands of a challenging legal career with personal life is undoubtedly a tough task, especially in such a high-pressure profession. How do you manage to maintain equilibrium between your professional commitments and personal well-being? Could you share some strategies that help you preserve your health and sustain a balanced lifestyle, even while excelling at the top of your field?

    Maintaining equilibrium is not just about time management, it’s about setting priorities and boundaries. Efficient planning of work ensures that deadlines are without unnecessary last-minute stress. Delegation also plays a crucial role. I entrust responsibilities to my team while maintaining oversight, allowing me to focus on high-level strategy and complex legal matters. While the legal profession often demands round-the-clock availability, I try to carve out time for my family, my two adorable cats and my personal interests like travelling, reading and watching movies. Setting realistic expectations with clients and my team helps manage workload without burnout. Also, self-care is important. Whether it’s staying physically active, pursuing hobbies, or simply taking short breaks during the day, these small habits help sustain energy and focus. Additionally, having a strong support system, both professionally and personally, makes all the difference. At the end of the day, excelling in this profession is not just about working hard, it’s about working smart, staying innovative in your work and ensuring that both professional success and personal well-being go hand in hand.

    Your broad expertise across various legal areas is truly commendable. For young lawyers looking to build a diverse and successful practice like yours, what key advice would you offer? What skills, attributes, and mindset do you believe are essential for navigating the competitive and multifaceted world of law, particularly in the ever-evolving field of IP? 

    Adaptability and continuous learning are key for diverse and successful practice in law. IP law evolves rapidly, so staying updated on legal developments and industry trends is essential. Strong research, analytical, and communication skills are crucial for presenting clear, persuasive arguments. Beyond technical expertise, a problem-solving mindset and commercial awareness set a lawyer apart. Clients value strategic, practical, and business-oriented solutions rather than just legal advice. Lastly, mentorship and networking open doors to invaluable insights and opportunities. Success in law comes from critical thinking, innovation, and integrity in navigating legal challenges.

    Get in touch with Shipra Alisha Philip –