Can you share insights into your journey from college to becoming the Founder and Partner at KIAA, LLP? What were the pivotal moments or experiences that shaped your decision to establish your own firm?
Like every law student, I too have had my share of carefree days in college but as I progressed into senior years, the zeal of doing something started to kick in. In the early year of 2011, after the completion of our law degrees, the members of KIAA LLP (as they are today) found themselves taking divergent paths in the legal profession. Some ventured into roles as in-house counsels for corporations, while others worked with seniors in the field, gaining valuable exposure and experience. However, as we navigated our journeys, it became evident that establishing one’s presence in the legal field required more than just exposure. While working with seasoned professionals sure helped us create a space for our own in the industry, the opportunities that we had created for ourselves in that space needed to be tapped in time.
Realizing this, I engaged in discussions with like-minded colleagues, Ankur and Chayan, who shared similar perspectives on the importance of creating a niche for ourselves in the legal arena.
Fortuitously, our discussions culminated in a collective decision to join forces and establish KIAA LLP in early 2012. This marked the inception of our law firm, where we aimed not only to leverage our individual experiences but also to pool our strengths and work collaboratively. The firm was founded on the belief that client satisfaction using correct knowledge, providing the right information, and ensuring accessibility of service to our clients even if located in the remotest part of the country. Hence, that got us a name for our perspective, KIAA LLP- Knowledge Information Access Associates Limited Liability Partnership.
Given your involvement in pro bono services for organizations like Malala Funds and Trust Law, how do you balance commercial legal work with contributing to social causes?
So, it’s not about balancing at all. It’s about aligning your principles of life with your work, and what is a man without principles?
I was born and raised in a Sikh Family with the teachings of the Gurus. I want to take this opportunity to refer to a verse from Shri Guru Granth Sahib Ji which has immortalized words of Guru Nanak Dev Ji – “One who works for what he eats, and gives some of what he has in charity, O Nanak, he knows the path to fulfilment.” Taking inspiration from which, we have always been inculcated with a habit of doing ‘Sewa’ which can be either through ਮਨ, ਧਨ (tan (physical service), man (mental/emotional service), or dhan (financial support)).
My intention of working for social causes has always been that of giving something back to society in terms of my time and efforts. So, I utilise my knowledge and expertise to earn my livelihood through commercial matters, and I consider myself privileged to be able to utilise some of it for a social cause.
KIAA, LLP has received numerous awards and recognitions. What do you attribute the success of the firm to, and what sets it apart in the legal landscape?
I attribute the success of the firm to my team- my co-founders, associates and every other member of our staff who do not hesitate to work around the clock if need be. It is also about the work culture at KIAA LLP that we have all built through the years. I have always said that we measure our success not by trophies, awards or cheques but by ‘Client Satisfaction’. I think, our ‘Client First’ attitude is our USP!
You’re a member of various legal associations and clubs. How has being part of these networks enriched your professional life and influenced your perspectives on law?
To be very honest, networking is very important in our profession and being part of the legal associations and clubs is a great way to socialise and build a meaningful network. I have benefited greatly from it, not only because I met many of my prospective clients through these clubs but I met people from various walks of life including law, seniors & juniors having different experiences.
These kinds of experiences widen your horizons as a lawyer. The job of the lawyer is to understand the perspective of his client, and the Court both. We all know how dynamic and subjective human nature is. Being a part of these clubs helps you enhance the emotional quotient- the greatest asset of our profession!
You’ve served as the Central Government Counsel at the Delhi High Court. Could you shed some light on your role during that time and share any experiences or cases that left a lasting impact on your professional journey?
Certainly! I was pleased to be appointed as Government Pleader in the year 2012, and I remained on the list of empanelled lawyers with the Central Government Litigation branch at the Delhi High Court until 2017-18.
This six-year period was most significant in shaping my professional journey. It exposed me to the intricacies of handling multi-faceted and high-stakes government matters.
One of the distinctive aspects of appearing on behalf of the government is the sense of responsibility and accountability because your actions and advice can have a direct impact on the general public. It goes beyond individual client representation, as you are entrusted with safeguarding the interests of the larger public and the government as a whole. That’s the combination of power & responsibility that a government counsel bears on his head.
A set of experiences that seemed cumbersome to my 10-year younger self but had the most impact on my professional journey was the manual filing process prevalent at the time. Unlike today’s E-filing systems, we used to stand in queues before filing counters with strict deadlines to meet. This hands-on experience taught me the importance of time management, meticulous preparation, and adherence to court procedures.
Now, the agility and clarity with which a court case needs to be handled comes as a second nature to me. I guess, now I truly understand the meaning of this phrase “The more you sweat in peace, the less you bleed in war.”
Can you tell us a bit about the talented team at KIAA, LLP? How do you nurture and support your team members, and can you give us an idea of the size of your team or the number of interns involved in the firm’s operations?
First things first, I think every person at KIAA, LLP knows their job well and my co-founders & I give our Associates a free hand to conduct the matters. Of course, we discuss each proposition together and work on possible solutions but flexibility is the key.
We believe people can work better if they are not micromanaged. We allow them to work freely while standing strong and tall as their support should the need arise. We are a happy, hardworking and fun-loving bunch of about 15-17 people including our clerical staff.
You’ve expanded KIAA, LLP into a multi-service law firm. What inspired this diversification, how do you ensure the team provides practical legal solutions to clients?
I’d rather say, WE have expanded KIAA, LLP into a multi-service law firm. Naturally, when we started the firm, we were a boutique firm working only on the matters that our clients got to us. Over time we realised that most of our clients (largely business & commercial houses) face similar problems, and we thought why not have an end-to-end solution for all these problems starting from compliance to representation in appropriate forums?
That’s how we undertook expansion and diversification. Just as Rome wasn’t built in a day, we also took our time, took one department, one specialisation at a time. Categorised various departments and hired associates having specialised knowledge in that department. KIAA, LLP as you see today is years of hard work, late nights, early mornings, sweat & blood.
We have only one mantra of providing legal solutions to our clients- WE PUT OUR BEST PERSON ON THE JOB!
In addition to your legal expertise, you’ve delved into blockchain and cryptocurrency, as seen in your certification from Berkeley Law. How do you see emerging technologies influencing the legal landscape, and how is KIAA, LLP adapting to these changes?
Well, the emerging technologies can influence the legal landscape in many ways or they have already started influencing the system, I’d rather say. With Smart Contracts, Live Streaming of court hearings, E-Filings, E-tokens etc. It would come as no surprise when there will be an official cryptocurrency being used as legal tender! Maybe there will be dedicated law firms for Crypto Law Practice in the future, who knows!? The possibilities are endless!
We are talking about two things that are highly dynamic- Law & Tech! An impact on one industry will definitely impact the other.
Outside of your busy legal career, can you share a personal interest or hobby that might surprise our readers and provide a different dimension to your personality?
I love travelling! I find immense joy in exploring new places and immersing myself in different cultures. It’s not just about leisure; I often plan my trips strategically, making the most of the court summer vacations to indulge in this personal interest. Whether it’s a serene beach destination, a historic city, or a picturesque mountain retreat, I appreciate the diversity our world offers, and I make it a point to experience it firsthand. It helps me unwind, gain fresh perspectives, and recharge for the challenges of the profession.
Another hobby that adds a different dimension to my personality is playing golf. I find solace in the greens, it helps me strike a perfect balance between relaxation and skill, offering me a chance to clear my mind while engaging in a sport that requires focus and precision.
Not many would know but I am also an avid collector of watches and antiques. I appreciate art & craftsmanship. Each watch or antique item tells a unique story, and helps me travel in the era bygone!
Having navigated through diverse legal challenges, is there a piece of advice or a valuable lesson from your career that you would like to share with the upcoming generation of legal professionals as they embark on their journeys in the legal field?
I would say to my young colleagues & fellow persons: – Dream, Work & Live! Dream big so that you work hard to achieve the life you want but, in the meantime, don’t forget to live. That would mean allowing yourself to make mistakes, they would teach you lessons no law school and mentor can teach. Keep moving and be positive about your work because like a wise man said-
‘A pessimist makes nothing not even a mistake!’.
It would be most appropriate to end this conversation with a saying of Steve Winwood, “The finer things I feel in me, the golden dance life could be.”
Mr. Naveen, your journey from the University of Delhi to becoming an Advocate-On-Record with over two decades of experience is impressive. Can you take us through the pivotal moments or decisions that shaped your path and brought you to where you are today?
While the journey from Delhi University onwards may be as good as it could be, the expedition from a village school to CLC (Campus Law Centre of Delhi University) is nothing short of a miracle. As it is said, if you believe in miracles they do happen. Today while I can boast myself as a modern english educated person having scientific temperament, I owe a lot to the scriptures, especially “The Ram Charitramanas” (by Goswami Tulsidas) without which I could not have grown even as an educated person.
As in the first page of the epic Tusidas ji has worshiped goddess of faith and belief by saying “भवानीशङ्करौ वन्दे श्रद्धाविश्वासरूपिणौ” (alute lord Shiva and mother goddess Parvati who are personification of faith and belief). In hindsight, I can trace my existence to the very faith and belief (in God and oneself) which shaped my early life. Thus, I have no hesitation in confessing that I could not have received even an elementary education but for my interest in spiritualism and mythological stories such as Ramayana, Mahabharata, Puranas etc which used to be daily ritual in my family, while growing up in a village of district Siwan (Bihar).
Of course, the spiritual light was sparked by the parents, especially my father, a deeply religious person, who used to narrate bed time stories of Ramayana, Mahabharata and Puranas etc.
In this backdrop even before starting formal schooling, I was able to recite Chaupai and Dohas. My father had a fixed routine throughout his life, he used to do puja (worship) every morning which included Path (recital) Ram Charitmans. The child’s natural curiosity led them to look through the pages of the epic, perhaps starting with the photos, and thereafter reading the stories. Soon I grew up as a favorite child to be called for reciting Dohas and chaupais in front of guests and visitors by my father.
I don’t remember anything more about my studies or schooling up to class 8th. A significant milestone (again in hindsight) was surpassed when I was shifted from the village primary school to high school in class 9th in the year 1984-85. Because of my interest in Hindi poetries etc., and the ability to orate them loudly in front of anyone, a few of my teachers somehow started admiring and encouraging me.
In the year 1985, during the 9th class, I won the first prize in antakshari on Tulsi Jayanti. Though it may not have seemed much worth at the time, today, it appears to be one of the significant events of my life. This achievement drew the attention of more and more teachers in school towards me, leading to special attention in my studies.
Due to the encouragement of the teachers, I began to take my studies more seriously, ultimately becoming the highest scorer in the 10th board exams in the whole village. Even today, I can vividly recollect my first day as I started learning my alphabets in the sunshine on the auspicious day of Basant Panchami in 1985 when one my teachers, Shri Hiral Lal Singh, started teaching me ‘angrezi’ (English).
Because of the encouragement (rather blessings) of my teachers I grew up to become the first person in the joint family (of about 30 people), consisting of all of my cousins, to study beyond Class 12th.
The first seed of big dreams were planted again by sheer coincidence (almost like a miracle). In 1987, my identity as a sincere student received a boost due to my good result in 10th Board. Simultaneously, an unrelated event occurred where a native of Siwan district topped the UPSC Civil Services Exam in the same year. Instantly, it became a matter of huge celebration and talk of every nook and corner of the district including my village. A number of inspiring tales of hard work and success left a lasting charm of civil services which stuck with me and played a role in drawing me to Delhi.
As I landed up in Delhi with big dreams and empty pockets the hard realities in the form of huge financial constraints and cultural shock put insurmountable challenges; in that backdrop few well-wishers suggested getting admission in a Law course in DU which would give access to library and other facilities. Accordingly, preparation for DU entrance started, and luckily, I secured a few tuition assignments to sustain survival in the life of the metro. After having secured good rank in the entrance test, doors of CLC opened and so the new horizon of hope, aspiration and struggle.
During CLC days I was again dear to my teacher who inspired me to engage in the extracurricular activities as visits to Tihar Jail, Criminal Courts, Slums-areas, I used to perform in Nukkad-Natak etc,. as a part of our Legal awareness activities which opened the doors of real-life learnings and helped me to develop a keen interest in interplay of law justice (or injustice) at the crude level.
Thus, my journey is an intricate interconnection of how spirituality, education, and the quest for knowledge all played a role. Starting from the small village temple to studying law, each part of my journey has added to my life story, making me who I am today.
Your career spans over 24 years in litigation, with a focus on diverse areas like Energy/Natural/Mining Laws, Intellectual Property, and more. Can you share a case that significantly shaped your approach to law and advocacy?
After having completed my LL.B. degree in 1998, I got my bar registration and plunged into practice; the obvious choice for me was to start from Tis Hazari court as some of my friends as well as seniors were practicing there. I drifted for about 2 years in various chambers of Tis Hazari court. In 3rd year through a senior’s reference, I joined the chambers of Mr. Gopal Jain, (now a senior advocate). This opportunity proved to be a very huge milestone as I got access up to the highest echelons of litigation practice. Because of my initial training in district courts and hardworking nature my senior started giving independent briefs for subordinate courts and showed full faith in me. I got various chances to handle the cases independently which ultimately turned out to be a good grooming process. While working with Mr. Jain, I had numerous opportunities to brief various senior advocates, including the most renowned ones and these opportunities enhanced confidence and enriched my understanding of diverse legal areas.
Like any other young aspirant, I too was fascinated by the grandeur of the Apex Court. I was a regular visitor to the premises of the highest court of the land. However, I didn’t get any case in the Supreme Court despite my sincere wish for that. As it is said, that every thought is a prayer, my purposeless visits manifested into a reality when I got my first Supreme Court case in the year 2005 with reference to one of my distant relatives. Later on, another milestone in my career as an advocate of the Supreme Court was achieved when I got one case involving eleven policemen accused of murder in an encounter in Jharkhand, which later on became a landmark judgment on Section 482 of the Cr.P.C.
During the grooming days striving to become a practitioner in the Hon’ble Supreme Court and High Court(s) of India, my mentors/seniors instilled the ethos of “working like a horse and living like a hermit”. A junior is expected to be very thorough with the list of dates, comparative analysis of rival pleadings, argument points, compilation of case laws and also possible arguments of the other side (devil’s advocate) etc. As I always aspired to be a litigation lawyer in higher forums, I was constantly asking my seniors to provide me more and more work or opportunity to read files, also, I used to ask for those matters, which were not assigned to me. In that process and during my association with Mr. Jain I gained invaluable experience and professional maturity.
A significant turn happened in 2011 when I handled a case related to illegal mining before the Supreme Court of India, arguing against a renowned Senior Advocate and securing a favorable outcome for the mining lease holder. The controversial and politically sensitive nature of the case gained widespread attention in the State of Odisha consequently I started getting a lot of mining cases which eventually created my reputation as a mining lawyer and till date I have handled almost 500 mining cases before Mines Tribunal, NGT, different High Courts and Supreme Court. In fact, in 2018, in one of the most controversial mining cases, a bench of the Apex court asked a super senior to give way to me to address the court, and after five days of full day arguments a reported judgment was delivered. This provided firmness in Supreme Court litigation practice, marked by strong desire, hard-work, consistency and consequent abilities to overcome the hindrances/ barriers created by language, lack of family background, or financial or other support from parents.
Your extensive list of publications showcases a keen interest in legal commentary. How do you decide which topics to delve into, and what impact do you hope your writings have on the legal community or society at large?
In determining the topics for my legal commentaries, I am guided by a dual purpose – a passion for the subject matter and a commitment to addressing issues that hold relevance for the legal community and society at large. Each publication represents a careful selection based on contemporary legal challenges and emerging issues.
For instance, my book titled “Sand Mining Laws in India” delves into a crucial yet often overlooked aspect of environmental law. Through this work, I aim to shed light on the intricacies of sand mining regulations, contributing to a better understanding of the legal framework surrounding this environmental concern.
The article “Judicial Restraint in Tender matters – A perspective,”published in SCC Online, reflects my interest in exploring the nuanced application of judicial restraint in the context of tender matters. By sharing this perspective, I hope to initiate thoughtful discussions within the legal community and contribute to the development of jurisprudence in this area.
Similarly, my writings on topics like“Principles of Bail in Financial Crimes,” “Goal of Net Zero,” “Ban on Single-use-Plastic,”“Gender Pay Gap,”and“Compensatory Afforestation”aim to bridge the gap between legal theory and practical implications. These pieces in Bar and Bench and Live Law are designed to prompt reflection, foster informed dialogue, and potentially influence legal discourse and policy-making.
Ultimately, my goal is not only to contribute to the legal scholarship but also to bring about positive changes and make contribution in the legal discourse. I aspire for my writings to serve as catalysts for discussions, policy reforms, and a deeper understanding of the legal complexities surrounding these critical topics.
You’ve authored “Sand Mining Laws in India.” What inspired you to write on this specific subject, and what challenges did you face in distilling such complex legal issues for a broader audience?
So far as the sand mining is concerned, from my experience in appearing before NGT and Supreme court, I realized that there is a serious discord between the authorities who are granting quarry leases for sand and those who are regulating and implementing the environmental regulations concerning the sand mining. Through interactions with numerous lease holders, it became evident that they were uninformed about the intricate statutory rules, regulations, circulars and office memorandums etc., governing their business of sand mining. Due to the lack of awareness, many miners incur the ire of NGT, resulting in the imposition of significant penalties. Many times, penalties are computed by the committees constituted by the NGT, which are based on an eye estimation, surmises, conjectures and which is far beyond the paying capacity of the respective quarry holders. This mainly inspired me to write a book on this specific topic with a purpose to spread awareness amongst the stakeholders about the required compliance as sand the most extracted materials from the earth’s crust and a lot of environmental, social, sustainability concerns do arise from it. Thus, it underlined the necessity of basic awareness within the mining community and other stakeholders. Another aim is to provide a view point to the policy makers, researchers and to facilitate informed decision-making in this crucial sector.
Your practice extends to various tribunals like NGT, NCDRC, NCLT, NCLAT, and more. How do these forums differ from appearing in courts like the Supreme Court or High Courts, and how do you adapt your advocacy style accordingly?
Practicing in different forums like NGT, NCDRC, NCLT and NCLAT is little different from that in higher courts like the Supreme Court or High Courts. These tribunals specialize in handling specific cases, such as those related to environment, corporate and financial matters. The rules and procedures in these tribunals are designed specifically for the types of cases they adjudicate, showcasing a nuanced and specialized approach in contrast to the broader scope of the Supreme Court or High Courts.
On the other hand, the Supreme Court and High Courts have a broader jurisdiction, dealing with a wide range of legal issues beyond specific specialties. Appearing in these courts involves navigating more general legal procedures and practices.
The main difference is that tribunals are specialized, allowing for a more focused and streamlined approach to cases within their specific areas. This sets them apart from the broader and more diverse settings of the higher courts, with their own dynamics and nuances.
Usually when we prepare for cases, we do extensive research of all the relevant case laws and topics which are germane to that particular matter. To adapt my advocacy style accordingly, I focus on the specific rules and procedures of each forum. The key is to be flexible and adjust my approach based on the unique requirements of each forum.
You’ve presided over workshops on legal awareness. Why is legal education and awareness crucial in today’s society, and what challenges do you see in bridging the gap between legal intricacies and public understanding?
Legal awareness programs hold immense significance for several reasons, and if we impart basic legal awareness to the masses, it will be the most effective tool for empowering them. Equipping people with fundamental information about their legal rights and responsibilities is a necessity, as it enables them to deal with injustice which they face on a daily basis by the police and other administrative machinery. In fact, when we used to do street plays, we ensured that through that play we educate the public about their rights and duties and create legal awareness. These events provided a unique opportunity to establish direct connections with the masses, offering valuable insights into the practical application of laws.
The challenge in bridging the gap between legal intricacies and public understanding lies in making the law simple and accessible to everyone. Legal terms and processes can be complex, and people might find them difficult to grasp. As an advocate, my role is to break down these complexities, use simple language, and provide real-life examples that the public can relate to. Therefore, conducting legal awareness programs, using plain language in legal communications, and engaging with communities directly are some ways to overcome this challenge. Making the law less intimidating and more understandable for everyone is crucial for ensuring justice reaches every corner of society.
As someone with experience in arbitration, what advice would you give to businesses entering into arbitration agreements to safeguard their interests?
Having observed the evolution of Arbitration as the most effective mechanism for alternative dispute resolution in India, I have gathered insights into the crucial aspects that need consideration by all stakeholders. The challenges which arise from court interference, delays in arbitral award execution, and concerns about the quality of arbitrator asks for careful attention. To my clients, I have always been advising that they should be objective and fair while negotiating and drafting clauses in arbitration agreements. Where the arbitration clause and the terms of the arbitration agreement are one-sided, then the scope of interference from the courts would be much wider at different stages. I have always advised my clients that the arbitration clauses should provide for selection of an impartial and experienced person as an arbitrator and both the parties must have fair chances and stake in the appointment of the arbitral tribunal and conduct of the arbitration proceedings and the clauses of the agreement should be drafted accordingly.
Away from the legal arena, what are your hobbies or interests that provide a respite from the complexities of your profession? Any particular activity that helps you recharge?
I engage in hobbies that offer an escape from the intricacies of my profession. Reading historical and spiritual books, immersing myself in the calming melodies of classical music, and enjoying moments of solitude are my chosen activities. Additionally, I find fulfillment in social initiatives, interacting with people on my own accord. These pursuits not only provide a break but also contribute to my overall well-being. They bring to life the childhood dictum, “विद्यां ददाति विनयं, विनयाद् याति पात्रताम्,” reinforcing the importance of both knowledge and humbleness. Engaging in these diverse activities provides me with energizing distractions from my high demanding profession and allows me to return to my legal responsibilities with a refreshed perspective and renewed energy.
Simultaneously, participating in social initiatives deepens my connection with the community, instilling a sense of responsibility and empathy. This active engagement not only broadens my understanding of societal issues but also provides an avenue to contribute positively. The synergy between these diverse activities creates a harmonious rhythm in my life, enabling me to navigate the complexities of my demanding profession with resilience, a balanced perspective and a genuine appreciation for the multifaceted tapestry of my life.
With your extensive experience, what advice would you give to young lawyers aspiring to build a successful career in litigation and advocacy?
My rocky journey in this profession may have some advice for younger stars such as-
Ø Consistent Hard Work- While I was traveling in the DTC bus a co- passenger while interacting made a statement that “it is very easy to get a law degree but it is extremely difficult to become a good lawyer”. This statement of a stranger echoed in my mind throughout my struggle period and it holds good even today which is evident from the fact that we have a huge pool of young law graduates but there is a dearth of good lawyers in each court of India. What shaped my life in initial days is that I had inculcated a few small but good habits such as I used to read bare acts, legal magazines and cases even though I do not have any brief relating to the respective subject. These seemingly small habits paid off, as clients recognized me as a well-read individual, enhancing my “likeability factor”. My advice to budding lawyers is to keep learning, even in the absence of immediate briefs, as continuous learning prepares one for future opportunities.
Ø Work is worship- One small event which I could recollect is that one of my clients advised me saying that “one’s commitment to work should supersede all other priorities”. The advice came roughly because I had got delayed in reaching the court and because of my being late the matter was passed over. Being late for a court appearance taught me a direct lesson. The client’s advice was straightforward – giving preference to any family event or anything else instead of work would not bring either the success or happiness or even the admiration of family members. This lesson stuck with me every for the whole of my formative age in the professions. I can say with conviction that a legal profession is a very high demanding profession which requires the highest degree of focus and dedication and that too without much reward in initial days of practice.
Ø Patience and Big Goals- Overcoming initial challenges requires patience and a larger vision. Although the situation has improved significantly due to the emergence of numerous law firms, opportunities in the corporate sector, and academia, young law graduates now have a variety of choices. Despite these growing opportunities, struggles persist. In the early days, I had few techniques to keep myself inspired. While practicing in district courts, I regularly visited the Supreme Court and High Court to observe the legends of the legal profession and used to idolize them. Seeking inspiration from legendary lawyers in the Supreme Court and Delhi High Court kept my ambitions high.
Ø Learn broadly and with focus- Another ritual of observing the court proceedings of all the courts helped me in staying motivated. Thoroughly reading legal documents, bare acts, law magazines etc. proved very beneficial. Later on, one of my seniors advised that you must flip through (using tai-lopez method of speed reading) the bare acts and rules whenever you get a case relating to that subject.
I would like to quote an excerpt from David J. Schwartz- “The Magic of Thinking Big” which is a must for this profession “likeability factor”-
Mark this point well. A person is not pulled up to a higher-level job. Rather, he is lifted up. In this day and age nobody has time or patience to pull another up the job ladder, degree by painful degree. The individual is chosen whose record makes him stand higher than the rest. We are lifted to higher levels by those who know us as likable, personable individuals. Every friend you make lifts you just one notch higher. And being likable makes you lighter to lift.
To sum up, my advice to the young lawyers is simple – Dear young lawyers, here’s a piece of advice: alongside your legal studies, make sure to gain practical experience. Real-world situations teach you valuable lessons that books alone can’t provide. So, dive into the practical side of law to become a more skilled and effective legal professional. embrace hard work, treat work as worship, practice patience, think big, and focus on continuous learning as well as ensure to have a likable personality. These principles, from personal experiences, pave the way for a successful legal career.
You’ve had an impressive journey in the field of law, especially in Intellectual Property and Commercial laws. Could you share some pivotal moments or experiences that shaped your career since you started practicing in 1994?
I started off my journey as a lawyer in the year 1994 in the field of IP with a very well-known and IP-focused pioneer Firm in India i.e., Remfry and Sagar. The work I did in this firm particularly laid the foundation for me as an IP/Commercial lawyer. I was fortunate enough to have been exposed to various IP forms especially when in the year 2002, I took up a challenging role with UK based International Consultancy Firm, Rouse & Co., in Dubai, UAE. My stints at both these organisations helped me in my career by getting a very wide exposure to various aspects of intellectual property and commercial/transactional laws. Thereafter, in 2010, I was offered the role of a Partner with an Indian Firm, RNA, based out of India. For this Firm, I was heading their trademark prosecution and Transactional law practice. In 2022, I shifted my base once again to Dubai, UAE. I took up the role of a Senior Associate with a full-service law firm, Alsuwaidi and Company, It was founded in the year 1997 by a UAE national, Mr Mohammed Alsuwaidi, who is a very well-known and established Arbitrator in this region. My areas of practice cover intellectual property and commercial corporate matters including contracts, information technology and media laws”.
With a rich legal experience spanning both India and the UAE, how do you navigate the nuances and differences in legal systems and practices between the two jurisdictions?
For navigating the legal nuances between two jurisdictions, it is very important to have an understanding of the basic fabric of the two judicial systems. India’s legal system is derived from common law, civil law and to some extent religious customs as well. In my areas of practice in India i.e., IP and Commercial/Transactional laws, it was mainly the mix of common law and civil law along with precedents – which are given their due importance in judgements – while formulating guidelines and legal opinions. On the other hand, UAE’s Onshore judicial system purely follows civil law and is not precedent-based. Hence, to practice UAE laws it is very important to know the laws and their interpretation as well. For this, it is very important to have access to the practical knowledge base through your interaction with peers within your organisation as these would offer insights into the pragmatic application of laws, local court practices, and nuances that might not be apparent in legal texts. Another key area is educating clients about such laws as what works in one jurisdiction may not work in another and thus customizing strategies to fit the specific legal landscape. Lastly, I would say ‘continuous learning’ which is very important in our profession, especially with changing laws and legal scenarios as only then you can keep yourself abreast with the latest developments in your areas of interest.
Being a facilitator for trademarks in the STARTUP INDIA initiative, how crucial is intellectual property protection for emerging startups, and what advice do you often find yourself giving to them?
Intellectual property protection is extremely crucial for emerging startups not only in India but in any other emerging markets including UAE. It safeguards their innovations, ideas, and brands, giving them a competitive edge and fostering growth. One of the foremost things is to educate
Startups about the different types of IP. Many times, I’m asked this question of what form of protection they can get for their logos/designs or innovations. So, it becomes very important to help them identify their unique assets that require protection. For instance, if they have an innovative product, they might need a patent. If they have a distinct brand name or logo, a trademark is essential. I also advise them to conduct thorough prior searches to ensure their IP doesn’t infringe on any of the existing rights. Similarly, they should protect their innovations promptly to prevent others from claiming similar ideas. Further, Startups should always budget for IP protection in their business plans. Sometimes, Startups overlook this aspect due to budget constraints, but it’s critical for long-term success. I would also guide them on utilizing government initiatives on Startup India that offer support and resources for IP protection including financial assistance. Ultimately, the goal is to help Startups recognize the value of their intellectual property and take proactive steps to protect it. Doing so can significantly impact their ability to attract investors, scale their business, and establish a strong market presence.
You’ve worked on diverse projects, from advising on healthcare services to handling trademark portfolios for Fortune 500 companies. Could you share a project that was particularly challenging or rewarding, and what lessons you drew from it?
One challenging yet immensely rewarding project involved assisting an American Corporation in navigating the intricacies of trademark law while safeguarding its interests in the Indian market. This corporation had developed a unique brand identity and was rapidly expanding its business. The challenge lay in devising a comprehensive trademark strategy(ies) that protected their brand/s while ensuring compliance within the parameters of the law. The rewarding aspect stemmed from successfully guiding the company through this process. This involved conducting thorough trademark searches, advising on the availability of trademarks, maintenance of their registrations, and implementing strategies to safeguard their brand’s identities.
Currently, working as a Senior Associate at Alsuwaidi & Company, how do you balance your role in Intellectual Property with corporate matters, and what unique challenges and opportunities does this dual expertise present?
Balancing roles in Intellectual Property and corporate matters can be intricate but incredibly rewarding. I would say that handling Intellectual Property and corporate matters requires a blend of legal expertise. It is essential to not only know and understand the intricacies of IP law but also the corporate laws including regulations and transactions. This dual expertise helps me in my practice by providing comprehensive solutions especially when it comes to drafting and/or vetting contracts for clients. When advising on corporate strategies, I’m able to integrate IP considerations ensuring that clients safeguard their intellectual property assets while pursuing business objectives. Sometimes, conflicts may arise between IP and corporate interests. For instance, a merger might impact existing IP rights. It is our role to then somehow find a balance that preserves these rights while supporting the corporate transition. Further, in an international market like the UAE, understanding global IP laws and corporate practices becomes crucial. You may face challenges related to harmonizing differing IP laws across jurisdictions while aligning them with corporate goals. For instance, in data protection laws, it is essential to know the local laws and also GDPR as these do come in handy when dealing with any sort of contract that provides for such data protection. It does require a deep understanding of both domains and effective communication with clients to align their interests. The challenges are unique, but so are the opportunities to provide comprehensive legal counsel and help clients maximize the value of their intellectual assets within their corporate strategies.
You have received several accolades in your career. How do these recognitions impact your approach to your work and the legal community at large?
Yes, I did receive accolades and because of this, it becomes incumbent upon me to rightly assess legal perspectives. These certainly boost confidence leading to increased motivation and dedication to maintaining high standards in my work. Further, it has also created a sense of responsibility to give back to the legal community. This has involved mentoring younger professionals within the organisations I’ve worked for, contributing to legal education by writing articles on related topics, being a speaker at events, round tables, seminars, webinars or actively participating in initiatives that benefit the profession or society. Overall, in my view, accolades do often serve as a source of motivation and a reminder of the importance of one’s work within the legal community, potentially pushing individuals to strive for further excellence and innovation.
You’ve been recognized for your expertise in both Traditional and Non-Traditional Trademarks. Can you share an example of a unique or unconventional trademark case that you found particularly interesting or challenging?
Yes, there was this sound mark of an American corporation, a giant in the field of computer processors, which has a distinctive musical note for the presence of their software. Traditionally, trademarks often involve logos or words, so attempting to trademark a sound was a unique challenge and interesting at the same time. We were made to provide the musical notation in the print form to the authorities along with the CD of the sound sought to be registered.
Outside of the legal realm, what are your personal hobbies or interests that provide you with a sense of balance and rejuvenation?
The hobbies and interests which I enjoy outside the legal realm are photography and travelling to different places along with spending time with my family.
With your extensive experience in handling commercial agreements, could you share a piece of advice for businesses, especially startups, when entering into legal agreements to protect their intellectual property?
When dealing with intellectual property in commercial agreements, especially for Startups, IP protection is critical as it often forms the core value of their products or services or for that matter any commercial venture. Taking proactive steps to safeguard it through robust legal agreements is a crucial aspect of business strategy. Given below are some key points to consider while entering into legal agreements to protect intellectual property.
Specify what constitutes your IP, whether it’s patents, trademarks, copyrights, trade secrets, or any other proprietary information including any form of data. Be as precise as possible to avoid ambiguity.
Clearly outline who owns the IP and establish the rights and limitations regarding its use.
Also, determining ownership of any new IP developed during the collaboration is very important to avoid any conflict vis-à-vis ownership at a later date. For this, it is crucial to determine whether the IP remains with the creator or is jointly owned.
Include robust confidentiality clauses to safeguard any sensitive information. This prevents the other party from disclosing or using your proprietary information without permission, even after the agreement ends.
Specify the permitted use of your IP. Define how the other party can use your IP, whether it’s for a specific purpose, duration, or geographic area. Outline any restrictions or limitations clearly.
Include provisions for resolving disputes related to IP, such as arbitration or mediation. This can help avoid lengthy and costly legal battles and resolve issues more efficiently.
Provide details as to what happens to the IP post-termination. Also, provide details as to how the return or destruction of confidential information/IP will be handled to protect your assets.
Review your agreements periodically, especially as your business grows. Ensure that the terms regarding IP protection remain relevant and in line with your business objectives.
Dr. Anagh Mishra, your journey through the legal landscape, from the hallowed halls of ILS Law College to being an Advocate-on-Record at the Supreme Court, is quite intriguing. Can you share a memorable anecdote from your early days as a law student that still brings a smile to your face?
Reflecting on my law college days, one standout memory that brings a profound sense of accomplishment is when the Placement Cell chose my CV to be the exemplar for the forthcoming batches. The announcement came as both a surprise and an honor, underscoring the meticulous effort I had invested in crafting a CV that not only showcased my achievements but also adhered to the highest professional standards.
The recognition from the Placement Cell carried significant weight, knowing that my CV would be presented as the ideal template for fellow students navigating their own paths into the professional realm. It wasn’t just a personal triumph; it became an opportunity to contribute to the success of my peers and offer guidance through a tangible example.
The experience highlighted the importance of attention to detail in the professional realm, emphasizing the impact a well-crafted CV can have on one’s career trajectory. This moment stands out as a testament to the collective growth and support within our academic community, shaping not only my journey but also contributing to the broader success of aspiring legal professionals.
Your expertise spans areas like environmental activism, corporate laws, and intellectual property. How do you find harmony or balance between such diverse legal realms, and do you have a favorite area of practice among them?
Navigating diverse legal realms such as environmental activism, corporate laws, and intellectual property requires a thoughtful approach to finding harmony and balance. One of the key strategies is to identify overreaching principles and interdisciplinary connections that exist among these areas.
Environmental activism often intersects with corporate laws, especially in areas such as sustainability, compliance, and corporate social responsibility. Intellectual property, on the other hand, plays a crucial role in safeguarding innovations related to environmental technologies. Recognizing these interconnected threads allows for a more holistic understanding of the legal landscape. The intersection of IPR and environmental concerns has become increasingly crucial, particularly as technological innovations play a significant role in addressing environmental challenges, and that was primarily the issue addressed in my Ph.D. thesis.
To maintain balance, I prioritize staying informed about the latest developments in each area through continuous learning and networking. It’s essential to understand the broader context in which legal issues arise and how they may impact multiple sectors simultaneously.
As for having a favorite area of practice, each realm brings its unique challenges and opportunities. Environmental activism allows me to contribute to a cause I am passionate about, corporate laws provide a strategic and business-oriented perspective, while intellectual property allows for creative problem-solving. The diversity keeps my work dynamic and intellectually stimulating. While I may not have a singular favorite, I appreciate the synergy that arises from integrating insights from these different legal spheres, fostering a well-rounded and comprehensive approach to my practice.
Apart from your legal practice, you’re actively involved in publications covering topics from biosafety to landlord-tenant disputes. What drives your interest in legal writing, and how do you choose the topics you want to explore and share with the legal community?
Engaging in legal writing beyond my legal practice is a passion rooted in a desire to contribute to the legal community and share insights on a diverse range of topics. Several factors drive my interest in legal writing.
Firstly, legal writing provides a platform to contribute to the ongoing discourse within the legal profession. It allows me to share my perspectives, research findings, and practical experiences with a broader audience, fostering a sense of community and knowledge exchange.
The choice of topics stems from a combination of current legal trends, emerging issues, and areas where I believe I can offer meaningful insights. Whether it’s biosafety, landlord-tenant disputes, or any other legal subject, I aim to select topics that are relevant, timely, and have the potential to impact practitioners, scholars, and the general public.
Furthermore, my interest in diverse topics reflects a commitment to staying well-rounded and informed across various legal domains. It allows me to continuously expand my knowledge base and adapt to the evolving landscape of the legal profession.
Ultimately, the driving force behind my legal writing is a genuine passion for the law and a commitment to contributing positively to the legal community.
You’re known for handling PILs addressing air pollution in Uttar Pradesh and the disposal of used cooking oil. How does it feel to make a legal impact on issues that affect people’s daily lives, and what kind of challenges do you encounter in such cases?
Handling Public Interest Litigations (PILs) majorly concerning public health has been a deeply fulfilling yet challenging aspect of my legal career. Making a tangible impact on issues that significantly influence people’s daily lives carries a profound sense of responsibility and purpose.
The satisfaction derived from contributing to environmental and public health improvements is immeasurable. Knowing that legal actions have the potential to enhance air quality in communities or establish proper mechanisms for the disposal of used cooking oil creates a direct link between legal advocacy and the well-being of individuals.
However, these endeavors are not without their complexities. Environmental litigation often involves navigating intricate regulatory frameworks, scientific intricacies, and sometimes resistance from industries or entities with vested interests. Crafting legal arguments that effectively convey the gravity of environmental issues to judges and stakeholders requires a meticulous understanding of both legal principles and scientific evidence.
The prolonged nature of legal processes in PILs demands unwavering persistence and dedication. Challenges may arise not only within the courtroom but also in coordinating with diverse stakeholders, including government agencies, environmental experts, and impacted communities. Striking a balance between these various interests and ensuring that legal actions align with the broader public interest adds layers of complexity to the work.
In conclusion, while PILs addressing environmental concerns pose challenges, the opportunity to contribute meaningfully to societal well-being through legal advocacy is unparalleled. The convergence of legal expertise, scientific knowledge, and a commitment to positive change makes this aspect of legal practice exceptionally rewarding. It underscores the transformative potential of the law in addressing pressing issues that impact the lives of individuals and communities.
Your educational journey includes a Ph.D. on ‘Intellectual Property Regime and Protection of Biodiversity.’ How has this academic pursuit influenced your approach to legal practice, and have there been instances where your academic insights shaped your strategy in a case?
Certainly, my Ph.D. journey on ‘Intellectual Property Regime and Protection of Biodiversity’ has significantly influenced my approach to legal practice and has proven instrumental in shaping strategies in various cases.
Acquiring in-depth knowledge in this specific area has provided me with a nuanced understanding of the intersection between intellectual property laws and biodiversity protection. This academic background has enhanced my ability to identify novel legal arguments, foresee potential challenges, and craft more comprehensive and strategic approaches when dealing with cases that involve issues related to biodiversity and intellectual property.
In addition to your professional achievements, we’d love to know more about your personal interests. Do you have any hobbies or activities outside of the legal world that you find helps you unwind and recharge?
Absolutely! Beyond my professional achievements, my life is enriched by three passions that bring me immense joy and fulfillment – cooking, gardening and travelling.
Cooking is a delightful journey into the world of flavours and culinary traditions. The art of preparing authentic Italian dishes allows me to experiment with fresh ingredients, herbs, and spices, creating dishes that are not just meals but experiences. It’s a culinary adventure and feeding people that I find both therapeutic and rewarding.
Gardening is another cherished aspect of my life. Tending to plants, cultivating green spaces, and witnessing the growth of a garden provide a serene escape. The hands-on connection with the soil, the vibrant colors of blooming flowers, and the satisfaction of nurturing life contribute to a sense of tranquility and balance in my everyday life.
Travel is my constant companion in the pursuit of new experiences and perspectives. Whether it’s strolling through historic streets, savouring local delicacies, or taking in breathtaking natural scenery, each journey adds a unique chapter to my life’s story.
One of your recent achievements is clearing the prestigious Advocate on Record examination in your first attempt. Can you tell us how difficult was it for you to prepare for the exam alongside managing your own practice?
I appreciate the acknowledgement. Clearing the Advocate on Record examination in my first attempt was indeed a significant achievement and a demanding endeavor. I think it was in the year 2009, when I entered the CJI’s court as an intern and upon witnessing the compelling arguments presented by several senior lawyers at that time, I was profoundly impressed, leading me to make a firm resolution that I would one day be appearing in the Supreme Court.
No doubt preparing for such a prestigious examination while managing my own legal practice posed its set of challenges. The examination’s rigorous nature not only requires an in-depth understanding of procedural laws but also a mastery of court practices and drafting. Balancing this intensive preparation alongside the responsibilities of managing a legal practice demanded meticulous time management and a disciplined approach.
Late nights and early mornings were often dedicated to focused study sessions, ensuring that I stayed abreast of the extensive syllabus. Integrating practical insights from my own legal practice into the theoretical framework of the examination added an extra layer of complexity but also enriched my understanding of the subjects.
While the journey was undoubtedly demanding, the commitment to professional growth and the pursuit of excellence fueled my determination. The experience not only deepened my legal knowledge but also enhanced my organizational and multitasking skills. Overall, the challenges were significant, but the sense of accomplishment upon successfully clearing the examination made the effort worthwhile.
Looking ahead, what’s one aspect of the legal profession you would like to see change or improve, and what role do you envision yourself playing in that transformation?
The maxim “justice delayed is justice denied” encapsulates a critical issue within the Indian legal system that demands meticulous attention and reform. A fundamental transformation is required to establish a mechanism ensuring the prompt and efficient disposal of cases.
One of the pivotal improvements I envision is a comprehensive reform initiative aimed at expediting the legal process. This entails addressing systemic issues contributing to delays, such as case backlog and procedural inefficiencies. Implementing technological solutions for better case management, e-filing, and facilitating virtual hearings can significantly contribute to expediting legal proceedings.
Furthermore, fostering a culture of judicial accountability and introducing performance metrics could incentivize timely case resolutions. Streamlining procedural complexities and promoting alternative dispute resolution mechanisms, such as mediation and arbitration, can offer efficient alternatives to protracted litigation.
In this transformation, I see myself playing a role as an advocate for judicial reforms. This involves actively participating in dialogues on legal reform, engaging with relevant stakeholders, and supporting initiatives that prioritize the timely dispensation of justice. Through these efforts, I aim to contribute to a legal system where justice is not just a theoretical concept but a tangible reality, accessible to all in a timely manner.
Can you share the pivotal moments or experiences that led you to pursue a career in law, specifically specializing in Intellectual Property Laws?
It is said that every person has their own destiny. I had come to Delhi to crack Civil Services. Failure to crack civil services pushed me to try law. It is also true that the interest of the students in particular subjects depend upon the teacher teaching the subject. While pursuing law in Campus Law Centre, University of Delhi the discussions and interactions were very interesting, engaging and different from all the other subjects. That is what piqued my interest in the IP laws and how I decided to pursue my career in IP. My interest further grew when I started PG Diploma in Intellectual Property from Indian Law Institute and then I saw how important it was to protect ideas and creations. This realization further motivated me to explore IP laws.
This journey has not only shaped my career goals but also fueled my passion for advocating the significance of intellectual property. I am eager to use my legal skills to support and defend the innovations that drive our society forward.
Given your extensive experience in handling more than 200 litigations, could you highlight a case that significantly shaped your approach to legal practice or left a lasting impression on you?
One time, during the early days of my career, I was appearing before a Single Judge of Hon’ble Delhi High Court in an appeal against the order of the Copyright Board. I was assisting my senior who was to argue the matter and was thoroughly prepared with the matter myself. However, when the matter was called, my senior was before another court appearing in another matter. The Passover request was declined by the court and I was asked to argue the matter. I was a bit nervous but presented the facts of the case with energy. However, the Ld. Judge wanted to hear from me the application of ‘Principle of Comity’ to the case which I was unable to. The Ld. Judge then not took the time to explain the principle but also taught the same to me like a teacher. The Ld. Judge definitely sympathized with a junior caught off-guard but that experience taught me that it is not sufficient to only know the facts of your case. It is also important to know how the law applies to those facts and that there is a manner in which laws and facts should be presented before the court for understanding of the judge. I have never forgotten the ‘Principle of Comity’ since and have applied the judgment passed by the Ld. Judge in my favour in various cases handled thereafter.
You’ve been involved in various contentions cases related to trademarks, copyright, and designs. What drew you to these specific areas within Intellectual Property, and how have you seen these fields evolve over your 15 years of practice?
I was drawn to specializing in trademarks, copyright, and design within intellectual property because of their dynamic nature and the real-world impact they have on businesses and creativity. These areas require a delicate balance between protecting original ideas and allowing for innovation and competition.
Over my 15 years of practice, I’ve witnessed significant evolution in these fields. The advent of the digital age has transformed the landscape of IP laws. During my journey, just as an example, I have seen issues about exhaustion of rights in physical sale of products raised for the first time. We then reached an era of online sales and issues such as those of intermediaries and jurisdiction in cases of online sales etc. cropped up before the courts and now, we are discussing the impact of AI in all domains. The changes are not only with respect to the law but also the procedures before the courts. The advent of Commercial courts, special IP Division, digital filings etc. have also made litigation for litigators and litigants hassle-free.
The ever-changing technological and business landscape continually presents new challenges, making it imperative to stay at the forefront of legal developments. I find it both professionally rewarding and intellectually stimulating to navigate these complexities and contribute to the evolving dialogue within IP laws.
Being a regular guest on All India Radio and a guest faculty at the Indian Law Institute, can you tell us about the role of education and public outreach in your legal career and how it contributes to your professional growth?
Being a regular guest on All India Radio and serving as a guest faculty at the Indian Law Institute apart from various other Universities has been instrumental in shaping my legal career.
Engaging with the public through All India Radio allowed me to simplify legal concepts and make them accessible to a broader audience. My appearances at the AIR were not only limited to talking about IP Laws but also on various other laws which are relevant for socio-economic conditions of society.
As a guest faculty at universities, I have the opportunity to interact with aspiring legal professionals. Teaching not only allows me to share my practical experiences but also keeps me abreast of the latest developments in legal academia. The exchange of ideas with students fosters a two-way learning process, enhancing my own understanding of legal principles.
These educational and outreach activities complement legal practice providing a unique perspective about various issues and challenges faced by students and members of the public which I might not have the opportunity to otherwise encounter.
You’ve been a panelist at the Conclave of Dharmashastra National Law University on the topic of AI and Intellectual Property. How do you see emerging technologies impacting the field of law, specifically in Intellectual Property, and what challenges and opportunities do you foresee?
As a panelist at the Conclave of Dharmashastra National Law University on AI and Intellectual Property, I had the privilege of discussing the impact that emerging technologies have on the field of law, particularly IP. The intersection of AI and IP presents both challenges and opportunities.
The advent of AI has streamlined certain aspects of IP processes, such as patent searches and prior art analysis, significantly enhancing efficiency. However, it also raises challenges in addressing issues like AI-generated creations and the attribution of intellectual property rights.
Opportunities lie in leveraging AI for more robust IP protection mechanisms and the development of innovative solutions to combat piracy and infringement. Additionally, the use of AI in data analysis has proven invaluable in identifying patterns of IP violations.
On the flip side, challenges include the need for updated regulations to address the unique aspects of AI-generated content and the ethical considerations surrounding AI in the legal landscape. Striking a balance between fostering innovation and safeguarding IP rights in this evolving technological landscape is a complex but essential task.
Overall, embracing these technological advancements is crucial for the evolution of IP law, and navigating these challenges presents an exciting opportunity to shape a more resilient and adaptive legal framework.
Having conducted numerous civil and criminal raids, can you share a particularly challenging enforcement situation you encountered and how you navigated through it?
There was a civil raid in Meerut in around 2014 which comes to my mind. I along with a court appointed Commissioner was visiting a wholesaler engaged in the sale of infringing coffee. Initially, we went to the police station wherein we were declined assistance. However, considering the Commissioner had orders from the Court and there were chances of goods being removed now, since we had given information to the Police, we reached the premises directly. The entire process was obstructed and delayed by the female family members of the shop owner and during that period several nearby shopkeepers and market leaders gathered. We were surrounded by around 80-100 people who all turned aggressive and did not allow us to conduct the seizure or even go back to our car. I then spoke to the president of the market association who was leading the mob and explained to him that the infringing activity that the wholesaler was involved in was not only harming the reputation of the client but the low quality products being sold by the party was also being consumed by the public including the families of various members of the mob. After some explaining and a cool temper kept by us throughout, the mob allowed us to invent the stock, prepare a report and leave without seizing the products.
Though I must add, not all civil and criminal raids have such interesting stories. While this story does not paint a pretty picture of how sometimes civil or criminal actions turn out, this also reminds me of how a calm mind, quick thinking and easy communication can help you overcome challenging situations.
As a lawyer with strengths in team management, litigation, and public speaking, how do you balance these diverse skills in your day-to-day practice, and which aspect do you find most fulfilling?
As a lawyer and working with an esteemed organization one learns to strike a balance between these and various other aspects of being a professional. In my view, the job of a lawyer demands an all-round capability and one is tested everyday with challenges on these fronts. It is not only required of me to manage the team or prepare for various court cases or attend public speaking sessions but also to participate in other activities such as management of the Firm, attending conferences for business development etc.
Delegating responsibilities, ensuring clear communication, and fostering a collaborative environment are all aspects of managing a team which will run as a well-oiled machine. This allows me to streamline workflows and gives me the chance to undertake other works and projects. In order to achieve the same, a robust motivated team is a must. It is my philosophy that my team should pass on the complete knowledge which I possess in all fields, and that is one of the most fulfilling experiences as a professional. I also ensure that my team is motivated and properly trained to effectively complete the delegated works which not only allows me time for other endeavors but also allows them to grow independently.
Litigation requires meticulous preparation, attention to detail, and the ability to think on my feet. Prioritizing tasks, managing timelines efficiently, and staying adaptable to the evolving nature of legal proceedings are the pillars of effective advocacy. On the other hand, public speaking allows me to not only advocate for my clients but also contribute to legal education and public understanding of the law.
Looking back at your journey from law school to moderating a topic at INTA in Atlanta in 2024, what advice would you give to fresh law graduates aspiring to specialize in Intellectual Property or follow a similar path in their legal careers?
My advice to the fresh law graduates aspiring to specialize in IP or pursuing a similar path would be to (i) Build a Strong Foundation by focusing on learning and gaining practical experience in initial years of practice; (ii) Keep yourself updated with the latest legal developments and familiarize yourself with technological tools used in the legal field; (iii) Develop Communication Skills as effective communication, both written and verbal, is crucial for a lawyer. This also includes honing your networking skills which open up various opportunities for one; (iv) Be flexible to adapt to the demanding situations and conditions of the profession.
Remember, each step contributes to your growth, and perseverance is key in building a successful career.
Dr. Shastry, We are extremely delighted to have you with us for this interview. Could you please introduce yourself for our readers and share the pivotal moments that led you to pursue a remarkable career in law, leading to your current role as the General Counsel and Executive Director at Cube Highways?
At the outset let me thank Super Lawyer, it is absolutely my pleasure to be here with you. As regards my journey, I belong to a family of lawyers and judges. My father was a judge (District Judiciary), other uncles too judges and lawyers. Therefore, doing law was something in the blood. Post my studies I started as a litigating lawyer before Rajasthan High Court, Jaipur handling cases such as criminal bails, civil miscellaneous appeals, arbitration petitions, MACT appeals etc. As I was bright in academics, I completed my Masters (securing second rank across university) and also cleared UGC-Net in my first attempt. Hence, I was given a part time teaching assignment in Rajasthan University, Jaipur.
During that time Competition Act, 2002 was enacted which intrigued me as to why we need a law to regulate competition in the market and I enrolled myself in Ph.D. working on the hypothesis whether Anti-dumping duties would be relevant once Competition law comes to force. However, as there wasn’t much material in Jaipur at that time, my Ph.D. supervisor guided me to go to National Law University, Jodhpur.
At that time in NLU, Jodhpur, Prof. A.K. Kaul was the Vice-Chancellor who was an expert of Trade & Competition Law. He was kind enough not only to guide me but also to tell me what all materials I must read to understand the conundrum in other countries before I can start researching Indian markets.
Prof. Kaul goaded me that I must not sail in two boats. On one hand, I was practising law in Jaipur and on weekends was coming to Jodhpur to do my research. He insisted that I focus on one thing and I chose academics. At that time there was a vacancy in NLU, Jodhpur and I applied and cleared it. This is how my academic journey started.
After spending three and half years at NLU, Jodhpur and post completing my Ph.D. I wanted to work with a regulator. As during my research, I understood that the regulators’ perspective is the most important to execute the sector specific legislations. This was 2009 and at that time Competition Commission of India where I wanted to go did not have any vacancies, but RBI came out with Legal Officers vacancy. I applied and wrote the exam. I topped the All-India RBI Legal Officer – Grade-B, 2009 examination.
This is how my journey as a central banker started. In RBI I spent time giving legal advice to different departments such as Foreign Exchange Dept., Banking Supervision Dept. (DBS) etc. I spent around five and half years in RBI. After that I took a sabbatical and prepared for GMAT. I applied to IIM, Ahmedabad (India’s premier B-School) and got through. I did my MBA from IIMA (PGPx – One-year full time) and from there I was placed in RPG group, Mumbai.
This is how my corporate journey started around a decade back. In the RPG group I used to handle the legal profile as well as the SPOC for a DBFOT project – Bikaner Sikar 440 KV line. I learnt the nuances of corporate life and applied my learnings from litigation, academics and regulator mixed with knowledge learnt at IIMA.
From RPG I went to Adani Group handling ports and logistics legal matters and then to Welspun Enterprises as Head Legal and now the General Counsel for Cube Highways.
Your journey includes a diverse range of roles from litigating lawyer to teaching criminal and competition law, and now as the General Counsel and Executive Director of Cube Highways. How has this varied experience shaped your perspective on legal practice, and what unique insights do you bring to your current role?
An interesting question. The experience as a litigator turned academician turned central banker and then General Counsel has taught me different things. I understand how the court systems work and thus it helps in giving those advice from the perspectives of court practices. At times despite one’s case being strong on merits, it can have technical glitches and that can be disastrous. Therefore, I am extremely cautious as to how not to give those technical lose points whether it be laches, delay, non-response to a letter, conflict etc.
The academic knowledge helps me in doing in-depth research and those theoretical questions and acumen laced with practical prism helps in zooming in to minutiae details. The experience of a central banker helps in understanding how a bureaucrat will look into the decisions taken by a corporate.
Thus, the advice which I provide is holistic from litigator, academic, regulator and a GC’s perspective. This helps in much nuanced and sophisticated advice.
You’ve achieved a remarkable academic milestone with qualifications like LL.M, Ph.D. in Trade & Competition Law, MBA from IIM Ahmedabad, CS, and CAIIB. If you could go back to your early academic years, what advice would you give to yourself, considering the wealth of experience you’ve gained over the years?
Well, if I sit in a time machine and go back, the advice I would give is that at times in pursuit of the different academic knowledge one loses focus on other good things in life. I now see my younger colleagues who are in college and along with being bright in academics are also focusing on hobbies such as sports, drama, singing, writing, playing some instrument etc. I still rue that I have not developed any such hobby that is necessary in shaping up your personality.
Thus if I could rewind, maybe I will pursue one or two courses less but would love to learn acting or singing or dancing or maybe play some sport like cricket, chess or badminton and a much more engaging level.
Apart from your legal prowess, you have an extensive academic involvement, serving as Chairman, Industry Advisory Board at Amity and as a Ph.D. guide at two National Law Schools. What drives your passion for academic engagement?
The youth attract me a lot. Whenever I am with young minds, I feel a kind of vibrance which otherwise is missing in the drudgery of corporate life. Whenever I interact with them their pointed questions, their free-wheeling attitude and the fireside chat intrigues me. The kind of questions they pose at times challenge me to re-think about my own knowledge and practices. That gives the biggest kick which even the astronomical salary and posh perks of corporates cannot give.
That’s why I make it a point to always find time to spend with young minds, to interact with them, share my life experience, learn from their perspective, and enjoy the vibrant energy all around.
Beyond the legal realm, you’ve been awarded Forbes Top General Counsel, BW Business World Top 100 GC, and Atal Achievement Award. How do you balance the demands of a high-profile legal career with such accolades and recognition, and what do these honors mean to you personally?
Well, I have to thank Forbes, Legal 500, Business Worlds and Atal Award (Govt. of India) who have now started to recognize the General Counsels for the work they have done. It was not long back that General Counsels were not recognized, and many did not consider them lawyers. These recognitions have changed the perception in the past decade or so and I am extremely thankful to them.
Therefore, these recognitions mean a lot and more than me personally it helps the younger people to opt for in-house roles which have different challenges than faced by a litigating lawyer or a transactional lawyer in a law-firm.
As regards balancing the demand, I must say that is the most difficult thing to do. But I make it a point that I allocate some time for these too as it is not only for personal satisfaction, but these inspire my younger colleagues to do great. Whenever, I have received any award it has inspired the people who know me that they must also strive harder to achieve such awards and to do good quality work.
Your commitment to contributing to positive change is evident. In what ways do you believe legal professionals can actively contribute to making a positive impact on society and the business environment?
Nowadays legal professionals play a major role in any corporate. Their attitude, their approach to work, their work ethics play a critical role in shaping up the society they live in. Especially in a democracy, the stronger the legal fraternity, the stronger would be the democracy. To establish a rule of law and who better to ensure that than the lawyers and legal professionals themselves.
Whenever, a legal professional handles a matter whether it be of environmental violation, bad business practice, corrupt or fraudulent act, tortious conduct etc. if the same is handled with full devotion and keeping in the mind the fundamental principles enshrined in our constitution and legal jurisprudence, it not only impacts the society or business but the culture and legacy.
A wrong decision by the Supreme Court can shake up the investor confidence and wipe up the entire investment, which a developing country like ours requires. The government needs to be kept informed about the impact of the policy and bureaucracy approach and this primarily becomes the responsibility of legal professionals who along with handling litigation, transactional contracts are also responsible for regulatory interface.
Every successful journey faces challenges. Can you share a specific challenge or struggle you encountered during your career and how you overcame it?
That is absolutely true. There can be no journey without its fair share of peaks and troughs. Well let me begin with sharing the biggest challenge. After spending a fair time in the government or regulatory sector when I joined the corporate sector the biggest problem was that now as a legal head, I was required to give solutions. Unlike the previous avatar of regulator or academician I was required to only put the legal position but now the task was to find the right and legitimate ways of getting the business done.
The senior management would require the solutions to the given business problem and that required not merely to state what the law is but to devise solutions, sometimes out of the box to achieve the business objectives. The most important thing to be kept in mind was that the solutions still had to be within the four corners of the legal and regulatory framework.
This required a sea-change in approach. I must say the learning at IIMA came absolutely handy. The syndi-approach of IIMA where the students were divided into a syni of 5 or 6 and they had to brainstorm and come out with solutions helped me in developing a wider horizon. Like in my IIMA days I had to interact with people who had worked in NASA or had come from a political background and that helped me understand differing perspectives.
This helped me in quickly adapting to the needs of the corporate sector and slowly and gradually I started delivering. Like Cube Highways which is a Private Equity run platform, and the issues that I faced here are different from that of an Indian promoter company, however due to the ability to understand different perspectives and angles, I more often than not am in position to solve them.
Away from the legal complexities and academic commitments, how do you unwind and recharge? Do you have any personal hobbies or activities that provide a break from the demands of your professional life?
Well, my hobby is to read fiction, especially good science fiction or thriller murder mystery. I have read all types of top sci-fi novels starting from The Foundation, Dune, Leviathan Wakes etc. My current favourite is Marissa Mayers’ Renegade.
So, to unwind, I spend time reading these good prose while sitting at the comfort of my home. Sometimes, I switch off my phones and spend an entire weekend just lying down on the bed reading my favourite fiction novels. When I am not reading novels, I love to play gully cricket with my friends.
Your work involves connecting with industry stalwarts and senior counsels. Outside of professional networking, what’s one piece of advice you would give to young legal professionals who aspire to build meaningful connections in the legal and business world?
Well for all my younger colleagues and legal professionals I have two pieces of advice. Firstly, as you yourself has stated, they must attend at least two or three conferences in a year and try to make as many connects as possible. Secondly, publish regularly and remain connected. I have always said that in legal field one has to publish or perish. Whether it is writing a simple piece on LinkedIn post or an editorial in news paper or in any magazine or on law blogs or anywhere, one must keep on publishing one’s thoughts. This helps in keeping you updated and build a network with like minded people. This also showcase your understanding of issues and at times these are seen by the senior general counsels and who’s who of the industry. That can help you land at your dream job.
Sir, can you tell us a little bit about yourself and how you became interested in law?
I describe myself as a person on the prowl for learning new things. Even when I was pursuing Engineering, I always had an eye out for the latest developments in the law. Subsequently, I completed a course to feed my curiosity in Cyber Law then got my law degree followed by a Master’s degree and, ever since, have not looked back.
What inspired you to focus on trademark, copyright, design and patent law, and what do you find most rewarding about it?
My inspiration is derived from the omnipresent nature of Intellectual Property. From the clothes we wear to the recipes of food we eat, IP forms a part of anything and everything that revolves around us on a daily basis. If that is not inspiration, then what is? The most rewarding factor of IP is the never-ending brain-racking challenges the clients present in continual. To fit their ideas into the right mould in IP and the same reaching to fruition is what being rewarded truly means to me.
Could you describe your experience as a founder of Lawdroit and the types of cases you handle there?
LawDroit is a dynamic law firm. I established it with the motive of “IP under one roof,” and that is what I have aimed for. I started off with India-based clients, the work involves IP prosecution to litigation, and now with the help of my team have slowly expanded into International arenas as well. The experience has been nothing short of a roller-coaster ride, but when you love what you do, the low lows are a teaching point rather than a despondent experience.
How do you advise clients on the registrability of trademarks, and what factors do you consider when conducting trademark clearance searches?
All my work experience has taught me is that the trademark clearance search forms the ground norm of any brand. I usually assess a trademark based on how unique it is for the perceiving public. The questions I ask myself while conducting a search involve the risk of confusion, availability in the Trade Mark Office register, and whether a prior party exists, which can later turn into a red flag.
How do you approach opposition proceedings, and what strategies have you found to be most effective?
The most effective strategy is gauging the interest and capabilities of the other party. Before commencing an opposition proceeding, I make sure to assess how my client’s rights in the conflicting trademark are getting affected and what is the severity of such an infringement. The strategies revolve around honest concurrent use or acquired statutory or common-law rights.
What do you think are the biggest challenges facing intellectual property law in today’s global economy?
The first and foremost challenge I can put my finger on is the lack of knowledge. The unawareness of the aspects or the prospects that surround IP. I have come across various instances where a client wishes to safeguard a particular design but has already released it in the public domain, which makes it outrightly impossible to protect such nuances that can easily be avoided with proper awareness.
You mentioned that you will be appearing for the Barrister and Solicitor exam in Canada later this year. What motivated you to pursue this additional qualification?
I embarked on this journey a while ago, and additional qualifications never hurt. My only motivation, as also stated above that we are now expanding our clientele internationally, and this step was taken to embark on more projects with primary knowledge of the Canadian law of the land.
Finally, what advice would you give to fresh graduates who are interested in pursuing a career in law, particularly in the area of intellectual property?
My advice is two-fold. First, do not be dependent on someone to come and spoon-feed you the procedures and the law. In today’s internet era, when there is a never-ending cluster of knowledge, embrace that and read. Secondly, do not shy away from asking questions during internships and do not decide on a particular field too early. Explore a little and circle back to what floats your boat and will continue to float your boat 30 years down the line as well.
Having studied law at KIIT University, you established a keen interest in Intellectual Property Rights (IPR) and corporate law, what drew you towards IP and Technology?
I was always expected to go into the conventional fields of engineering or medicine. But the zeal of writing and my interest in policies governing the nation drew my initial interests towards the field of law. Further, during my law school days, having my background as a science student attracted my interest in the field of IP and technology – which is an ever-emerging field that draws a lot of curiosity among the young and old minds alike.
During your graduation, you also were an Offshore Research Assistant for Cobalt Business Counsel PC. Could you explain how you stumbled upon this opportunity and the roles and responsibilities you undertook during your tenure?
Cobalt Business Counsel is a Canadian legal processing firm, which was introduced to me by one of my seniors at the law college. Being offshore research assistants – we are expected to research Canadian case laws and make summary reports. Additionally, we also handled contract extraction to create clause banks for the team. The engagement at Cobalt was particularly important since it gave me first-hand knowledge of working with lawyers outside of India. This job also gave us the much-required financial independence while still studying in college.
You joined the offices of Wadia Ghandy & Co., one of the country’s premier law firms, immediately after law school. How has that experience shaped you and contributed to your interest in the field of media & entertainment laws?
I got selected for Wadia Ghandy & Co. during my college placements, wherein initially I worked in the banking and finance team and then in the general corporate team. While being at the firm, I got a few assignments on the media domain, which is where my interest grew in the field of media and entertainment, and that’s when I decided to specialize in that subject.
You joined the postgraduate program at NALSAR, where you specialized in media laws. Can you tell our readers the importance of work experience before choosing an area of specialization?
I completed the post-graduation in Media Laws from NALSAR while I was working with the law firm. This was particularly important since I had already worked on a few assignments. This is when I decided to specialize and enhance my learnings in the field of media, which ultimately opened better opportunities for me in the M&E industry.
You started working as a Senior Legal Executive with Shemaroo Entertainment Limited. Could you share your experiences working with a leading Indian media and entertainment industry?
The transition from a corporate lawyer at a law firm to being an in-house lawyer at a media company was particularly interesting. Being an in-house counsel has its fair share of advantages since the work was not limited to advising on the legal side of a particular deal. It is expected to understand both the legal as well as the business aspects in a more detailed manner and provide informed advice to the benefit of the company. At Shemaroo – I got the first-hand knowledge to know the distribution business of a prominent media company which further honed my skills as an in-house media counsel.
You went ahead to work with BBC Studios as their lawyer for Business and Legal Affairs (Asia). Would you like to recall your interesting role working with arguably one of the biggest media broadcasting companies in the world?
I was the sole legal counsel for the BBC Studios for their business in India, and working therein was an overwhelming experience. At the BBC – my team was based out of Singapore & London, which gave me the opportunity to work with lawyers around the globe. This role gave me insight into what it takes to be an in-house lawyer on a truly global scale while adjusting to different cultural ethics and time differences. I was also fortunate to find some great mentors while working therein and whose advise, and experience have further ushered my skills and expertise in the media and entertainment domain.
After your brief stint with BBC, you joined Viacom18 Media Private Limited in their legal team. What responsibilities do you shoulder being part of the aforementioned team?
At Viacom18, my role primarily requires me to handle agreements for its flagship entertainment channel ‘Colors’. A general day revolves around drafting and negotiating various types of agreements, including but not limited to production agreements, agreements with various artists/talents, agreements with music labels, content acquisitions, and syndication agreements, amongst others. Being a part of the legal team of a major broadcaster provides for a wider opportunity to understand the nuances of the ever-changing media landscape in the country while working for some very exciting big-ticket deals.
The newly implemented IT Rules introduced by the government lay down a three-tier regulatory mechanism for the OTT platforms. How do you foresee the present rules will affect the media & entertainment industry?
OTT platforms have become increasingly popular in our country, especially during the pandemic. Unlike the laws regulating the traditional media, no specific laws are regulating the content available on these digital platforms, save and except for certain sections under the Information Technology Act, 2000. While most of the platforms had signed a self-regulatory code, the Ministry of Information and Broadcasting enacted the Intermediary Guidelines and Digital Media Ethics Codes, Rules,2021. These rules make it imperative for the platforms to self-classify the content and to set up a 3-tier grievance redressal mechanism. With the unprecedented growth of the OTT platforms in the country, regulations were always expected to come out. And I believe that the regulations will also assist in streamlining the content that is being made available on the digital platforms and bring about some or little level playing field vis-à-vis the traditional television/film industry.
Your LinkedIn bio reads that “you are an experienced negotiator who thrives on applying the law to negotiate and close a deal keeping in mind the best interests of a client.” Can you share with us any professional anecdotes where you had a similar takeaway?
I believe one of the most important soft skills that are essential for any corporate lawyer is to excel in is the art of contractual negotiation. And this applies to all fields and industries alike. And as a business and legal counsel – it is more than imperative to understand the exact needs of a particular deal and to be a business enabler. An in-house counsel is expected to provide informed advice to the business teams while mitigating the legal exposure of the Company.
What advice would you have for law students & young lawyers who want to pursue a career in media law?
Indisputably, a career specializing in the M&E field is an exciting choice, given its visual appeal. It does give a sense of genuine satisfaction to see the project that you were working upon, coming live on the big screen, and seeing your name in the credits roll. However, having said that – students and young lawyers need to be mindful of the fact that the opportunities in the M&E industry are limited in comparison to other sectors. Hence, they should keep their options open, especially when they are just starting. I strongly believe that one should try a few different avenues and fields of law – before finding his/her “Ikigai” and then excelling at it with full force. Nonetheless, the entertainment industry has undergone a paradigm shift in recent times with the penetration of the internet to the masses and the ever-increasing popularity of digital platforms. Hence, it’s safe to suggest that there cannot be a better and more exciting time to be an entertainment counsel.
