Super Lawyer

Tag: IP Law

  • “The ability to understand new industries, learn continuously, and adapt legal thinking to new realities will make a significant difference.” – Riddima Sharma, Partner at ADP Law Offices.

    “The ability to understand new industries, learn continuously, and adapt legal thinking to new realities will make a significant difference.” – Riddima Sharma, Partner at ADP Law Offices.

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

    Today, with almost a decade of experience behind you, looking back, what first drew you to law, and how did your undergraduate years shape your interest in intellectual property and allied fields?

    My journey into law was less of a direct calling and more a process of discovery. Back then, I was more defined by the career paths I was closing the door on, and law felt like a world of opportunity. I treated my classes as an exploration, searching for that one area that would genuinely resonate with me. That moment finally came late in law school when I was introduced to Intellectual Property. As a still-developing field, it felt exciting, but what really captivated me was the unique space where creativity and legal protection meet.

    That curiosity turned into a passion during my first internship with Mr. Ameet Datta, (formerly a Partner at Saikrishna & Associates) now the Managing Counsel at ADP Law Offices. As I watched technology evolve and brands become more valuable, I realized just how vital IP is as a shield for innovation, ideas, and expression. It was that realization that truly set my career path.

    You went on to pursue an LL.M. at the Munich Intellectual Property Law Centre, one of the most respected programs in the world. What motivated you to choose this course, and how did studying in such an international academic environment broaden your understanding of IP law? Could you also share how aspiring candidates can enrol in such a prestigious program?

    You know, it’s funny, I was getting really into IP law, but I kept feeling like I was seeing everything through a keyhole. All the thinking, all the cases, were from my own country’s perspective, and I just had this nagging feeling that I was missing the bigger picture.

    MIPL stood out because it is uniquely focused on IP and brings together expertise from leading institutions such as Max Planck and the University of Augsburg. The program offered not only academic rigor but also the opportunity to learn alongside peers from across the world, each bringing their own perspective and experience. This international exposure was invaluable, as it gave me a broader view of how IP is understood and applied across jurisdictions.

    For aspiring candidates, I would say the most important step is to build a strong foundation in IP during undergraduate years and to engage actively with research and writing in the field. The selection process is competitive, but genuine interest, clarity of purpose, and prior work or academic contributions in IP can make a strong application.

    Alongside your studies, you published articles on significant IP issues such as copyright royalties, broadcasting rights, and the recognition of “well-known” marks. What inspired you to explore these themes, and how do you see academic writing contributing both to your professional practice and to the wider discourse on IP law?

    During my course (thanks to MIPLC), I realised that writing is one of the best ways to discipline one’s thoughts and meaningfully contribute to discussions in this field. As students, we are often trained to see issues from a purely academic perspective, where outcomes are framed as either right or wrong. What MIPLC taught me instead was that in law, nothing is absolutely right or wrong . Rather, it is the reasoning and interpretation that lends weight to a position. That shift in perspective stayed with me. At the time, I chose to write on subjects like copyright royalties, broadcasting rights, and well-known marks, not only because I was working on them closely, but also because they had direct implications for creators and businesses. Over the years, I have come to value writing even more as it contributes to the collective understanding of the profession and, at times, can influence how laws are read and applied. For me personally, it became a bridge between academic study and real-world practice.

    You began your professional career with Saikrishna & Associates, where you grew into the role of Senior Associate. Could you share some defining experiences from this phase whether in trademark prosecution, IP litigation, or consumer protection that played a key role in shaping your growth as a lawyer?

    My early years at Saikrishna & Associates were deeply rooted in IP litigation, where I had the chance to work on matters that were both complex and high-stakes. Most of my focus was on IP disputes, and I was fortunate to work alongside some of the sharpest minds in the field. Those years gave me invaluable exposure from the intensity of courtroom practice and the rush of filings, to client interactions and my own growth as a lawyer. 

    Another significant phase of my career was in consumer protection, where I was entrusted with leading a team for a leading mobile manufacturer. The role required me to think beyond just the legal arguments, it was about strategy, execution, and making sure the client’s interests were protected at every stage. What stayed with me from that experience was not just tackling the legal issues, but also learning how to manage a team, set direction, and maintain consistency across multiple jurisdictions. That combination of leading people while steering complex matters was a real turning point in my professional journey and continues to shape the way I approach cases even today.

    Over the years, you have gained exposure to diverse domains such as trade regulatory compliance, consumer law, employment disputes, and arbitration. How has this multidisciplinary experience been beneficial to handle complex, multi-jurisdictional matters for global clients? What sector-specific challenges have you faced while dealing with arbitrations for international clients?

    My experience across these different domains has taught me that client issues rarely fit into neat legal boxes. What I have found, especially with complex, multi-jurisdictional matters, is that an issue that begins as a regulatory query can quickly intersect with consumer law or have employment implications. Having that broad background helped me to connect those dots early on. Instead of looking at a problem from a single perspective, I can anticipate how it might evolve and build a more resilient strategy for the client, which is essential when you’re navigating different legal cultures.

    In arbitration, I have seen how sector-specific challenges can shape the course of proceedings. For example, in matters involving international clients, aligning the expectations of different legal systems with the procedural framework of arbitration requires careful navigation. There are also cultural and commercial nuances that need to be factored in, since what is persuasive in one jurisdiction may not resonate the same way in another. Learning to manage these differences while keeping the client’s broader objectives in mind has been an important part of my journey.

    In your current role, what inspired your transition, and how are you approaching the leadership responsibilities of managing large-scale IP litigation campaigns and advising clients across multiple industries? What essential qualities do you look for when building your team?

    The transition into my current role has been quite recent, so in many ways it is still a process of learning, adapting, and growing into the responsibilities that come with it. What inspired the move was the opportunity to work more closely with clients on a larger scale, not just on individual disputes but in shaping their overall IP strategy and helping them navigate complex litigation campaigns.

    When it comes to leadership, especially on these large campaigns, my philosophy is pretty simple: give people a clear map and a good compass, then trust them to navigate their part of the journey. My main job is to make sure everyone understands the ‘why’ behind what we’re doing, the client’s ultimate goal. Once that vision is shared, I find the best results come from giving talented people the autonomy and support they need to truly own their work. It’s about guiding the strategy without micromanaging the execution.

    As for building a team, a strong resume is just the start. I look for a certain mindset. I want people who are naturally curious, the ones who are always asking “what if?” because that’s how you stay ahead in a field like IP. I also look for a deep sense of accountability, where people treat a client’s problem as if it were their own. But above all, I look for a genuine collaborative spirit. A high-stakes litigation campaign is a team sport, and you need people who instinctively pick each other up and push each other to be better, especially when the pressure is on. That’s the kind of team that truly succeeds.

    Looking back on your journey from law school to partnership, what key values have remained constant? What advice would you give to young lawyers aspiring to build a career in intellectual property especially when it comes to balancing deep subject expertise with the ability to adapt to rapidly changing technological and regulatory landscapes?

    Looking back, the values that have remained constant for me are sincerity, consistency, and respect for the profession. No matter the stage of my career, I have found that showing up prepared, being thorough, and treating people with fairness has gone a long way in building trust with clients, colleagues, and even opponents in litigation. These values have shaped not only the way I work but also the way I lead. For young lawyers interested in IP, my advice would be to build a strong foundation in the subject while also remaining open to change. IP is deeply linked with creativity and technology, both of which are evolving faster than ever. The ability to understand new industries, learn continuously, and adapt legal thinking to new realities will make a significant difference. At the same time, it is important to stay grounded in the basics, because strong fundamentals are what allow you to adapt with confidence. If you combine deep subject knowledge with curiosity and flexibility, you can find a very rewarding path in IP law.

    Get in touch with Riddima Sharma –

  • “As I tell young lawyers, both prosecution and litigation have something to offer and embracing both helps you become better at each one.” – Nithya Somasundaram, Advocate Patent Agent at R K Dewan & Co.

    “As I tell young lawyers, both prosecution and litigation have something to offer and embracing both helps you become better at each one.” – Nithya Somasundaram, Advocate Patent Agent at R K Dewan & Co.

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

    You have been practicing IP law for over 17 years, covering trademarks, patents, copyrights, and design protection. Looking back, what initially drew you to intellectual property, and how has your passion evolved over time?

    I am on the path I am today because of my guru, Professor P. Vanangamudi, whose initial guidance and mentorship shaped me into who I am now. I started my career with internships in criminal law and also experimented with some LPO work, but in 2005 I developed a fascination with intellectual property. I found patents particularly interesting because they connected back to my own scientific journey. On the first day of my internship, during a project with my learned mentors Adv. Surya Senthil (Ex-Technical Member – Copyrights) and Adv. Lakshmidevi Somanath (Ex-Technical Member – Trademarks), I was asked to draft an abstract for a patent application. That day proved to be a turning point, as it revealed how the law is deeply intertwined with scientific and innovative activity in very concrete ways. I was also fortunate to have Shri P. S. Surana (Co-founder, Surana & Surana International Attorneys) as my guide and mentor, whose constant encouragement to pursue IP and litigation drew me to focus on this field from that time onwards.

    In February 2009, I joined R.K. Dewan & Co., 82 years old IP boutique Firm that provided me with the right platform to grow my passion into a career. This is where my interest in IPR grew even stronger. I had the opportunity to learn, practice, and handle the next level of IP under the guidance of the luminary Dr. Mohan Dewan and the powerhouse of RKD, Dr. Niti Dewan. Their mentorship shaped much of what I am today at R.K. Dewan & Co. Prosecution had always been my comfort zone, and I was initially hesitant to step into litigation. My senior colleague, Advocate Balaji, through his guidance and strategic approach, inspired me and gave me the confidence to embrace litigation alongside prosecution.

    Over the years, what started as a fascination with patents grew into a much deeper dedication to all that is IP. I have come to see how trademarks, copyrights and designs are powerful strategic assets that promote innovation, branding and commercial growth beyond just legal rights. That evolution of seeing IP as a bridge between creativity, technology and commerce still inspires me everyday, even after 17 years of practice. 

    You pursued a B.A., B.L. (Hons) at the School of Excellence in Law, followed by a B.Sc. in Physics and an M.L. in International Law and Indian Constitution. How has this diverse academic background shaped your analytical approach and influenced your career in IP and litigation?

    I became a Registered Patent Agent due to my science background, which helped me navigate the technical side of patents. That history has been useful all along, especially when dealing with inventors or dealing with hearings with other parties and explaining their ideas.

    What really added value in my practice was my M.L. in International Law and Indian Constitution. I was given the big picture and scope of international and cross border cases that covered aspects of filings, prosecution rights and parties limitations. I worked at the Chennai firm of R. K. Dewan & Co., and worked on a few general civil litigation cases, as well. I always appreciated having a solid constitutional and international background, I could be exposed to the nature of the dispute while identifying where parties would have rights, an obligation (if there were any), and jurisdictional issues.

    Having appeared before the Trade Marks Registry, Patent Office, Intellectual Property Appellate Board, and Madras High Court, could you share the most memorable cases that significantly shaped your expertise in IP litigation and prosecution?

    Novartis vs Cipla – 3003/CHENP/2004, Chennai Patent office:

    One of the most formative experiences in my journey as an IP litigator and patent professional was the privilege of assisting and learning from Dr. Mohan Dewan during the landmark Novartis pre-grant opposition hearing before the Patent Office, Chennai. This case, which revolved around Application No. 3003/CHENP/2004 for “Inhibitors of Tyrosine Kinases,” stands out not just for its legal complexities but for the many lessons it imparted about the nuances of Indian patent law, especially around amendments, inventive step, and sufficiency of disclosure.

    The case centered around Novartis’ application (No. 3003/CHENP/2004) for a new class of tyrosine kinase inhibitors molecules with critical relevance in cancer treatment. The pre-grant opposition, filed by Cipla under Section 25(1), challenged the patent on multiple grounds, including obviousness (Section 25(1)I), insufficiency of disclosure (Section 25(1)(g)), and questions under Sections 3(d), 10(4), 57, and 59 of the Patents Act.

    I experienced first-hand the intensity of argument and the importance of deeply understanding technical details and strategic legal arguments in a high-stakes Patent opposition. The proceedings, which saw formidable representation from both Novartis and the opponent, Cipla Ltd., brought several procedural and substantive issues into sharp relief. 

    I took part in examining prior art, dissecting the detailed claim amendments, and debating whether the reversal of an amide bond (and the resulting molecular changes) amounted to a non-obvious inventive step. The discussion on the sufficiency of disclosure was equally instructive particularly the Controller’s emphasis that, for new chemical entities (NCEs), it is the supported utility that matters most at the filing stage, not retrospective efficacy data, unless Section 3(d) is directly invoked.

    This case underscored practical lessons in legal drafting, oral advocacy, and the handling of amendments under Section 59, where every narrowing of claims must remain anchored in the original disclosure. The Controller’s decision ultimately dismissed all opposition grounds, recognizing the inventive nature and adequate disclosure in the application, and allowed the patent to proceed. The clarity and logic with which the order dealt with the inventive step set a new benchmark in my understanding of patent jurisprudence in India.

    I have personally argued over 400 patent matters before the Indian Patent Office, and have also actively conducted matters before the erstwhile IPAB, the Madras High Court, the Karnataka High Court, and various District Courts. Handling exhibits, preparing briefs, and formulating technical arguments in these cases has reinforced the critical importance of precision, clarity, and a comprehensive understanding of both law and technology. This experience has been a defining milestone in my practice, affirming that thorough preparation, strategic advocacy, and meticulous attention to detail are essential qualities for any successful IP litigator.

    As an Advocate & Patent Agent at R K Dewan & Co., you handle brand advice, design protection, and IPR consultations. What are the biggest challenges brands face when entering the Indian market, and in India’s evolving digital and tech-driven IP landscape, what common pitfalls do innovators encounter? How can companies proactively protect their IP from an early stage?

    India is an incredibly diverse and fast-moving market, with great buying opportunities but also very real issues for brand owners. Cost competition is high, squeezing brand owners’ margins, while the threats of counterfeits and infringement can damage brand owner’s reputations and market share. The complexity of regulations and enforceability adds to the pressure, and many companies, especially small to medium enterprises, fail to allocate the necessary budget or focus to protect their IP. However, many larger companies are becoming more proactive, and have dedicated IP divisions and in-house counsel to drive better IP management.

    One of our clients had encountered issues while attempting to register their brand on the Government e-Marketplace (GeM), as this Govt platform intensified scrutiny on IP registrations, requiring comprehensive documentation to ensure authenticity and protect genuine brands. This was a strong reminder that the scrutiny of IP rights is more rigorous than ever. This is particularly relevant as online marketplaces keep expanding, requiring mandatory registration of IP as procurement authorities seek to verify authenticity. Too often, we see innovators engaging with their IP reactively, addressing infringement only after it happened, which is not an effective strategy in the digital and fast moving world we live in.

    In short, companies entering the Indian market must recognize IP protection as a foundational business priority. A proactive approach to IP management, conducting searches, timely registration, and ensuring robust confidentiality protocols, will not only take away the pressure of challenges such as counterfeits or cost pressure, but will maximally enable commercial exploitation of innovation in a dynamic market.

    You are a member of the INTA Brand and Innovation Committee. How has this international exposure influenced your perspective on global brand protection, and what emerging trends do you see shaping the future of trademarks and IP innovation worldwide?

    Serving as a team leader of the Product & Counterfeit Technologies group within the INTA Brand and Innovation Committee has been an invaluable learning experience for me. In that capacity, I have been able to work with international Attorneys from different jurisdictions as we tracked global brand protection challenges, discussed emerging issues, authored articles and suggestions, and facilitated education webinars and roundtables. 

    This experience allowed me to see the highly variable way IP practice is conducted across countries, as it is shaped by the differing needs and differing levels of proactivity in IP practice. For example, while the US, Europe, and the United Kingdom have long-standing comprehensive infrastructure and practice in IP, I saw exciting and impressive development and, in many countries like South Korea, China, Japan, India, and Singapore, there is rapid growth and increasingly sophisticated practice in enforcement and justice in this area of innovation. 

    This has helped me to better appreciate that IP strategies for protection will require a more robust, adaptable, and technology-driven approach. I have also observed that emerging trends like the use of AI and other advanced technologies to combat counterfeiting are shaping the future of trademarks and IP innovation worldwide, demanding greater collaboration, vigilance, and creativity from brand owners and IP professionals alike.  

    Technology commercialization and contractual agreements have been a significant part of your practice. How do you navigate the complexities of IP licensing for both startups and established enterprises, and what are the key challenges involved?

    In my opinion, guiding startups or medium sized businesses through the maze of IP licensing can justly be viewed as a balancing act based on knowledge and communication. One of the major challenges I see more often than not is the general lack of awareness (or desire to comprehend) responsible IP rights and licensing agreements. This is particularly true of startups. The case examples are pretty minimal, primarily because many new ventures receive limited or zero direction and experience managing and structuring these kinds of agreements. 

    Using a Academia-Industry partnership adds to the challenge, particularly for the commercialisation of technology and associated contracts. Parties need to specify who owns what, how the IP can be used, what will be the method of profit sharing. They also need to ensure how the confidentiality of the parties is preserved. Having the interests of all parties aligned would be preferable. 

    Startups may face some of these challenges given their limited resources and less power to negotiate, while established companies can face IP portfolio management challenges, as well as competitive edge protection challenges. We all know this is made even more challenging when one tries to facilitate developing constructive, industry specific, strategies for clients, as the true potential of their IP is unlocked and allowed to flourish, whose value could easily be compromised.

    Your career started with internships and junior associate roles in IP and civil litigation. What early experiences have helped you navigate complex IP disputes and establish yourself as a trusted advisor?

    I think my development as a practitioner was really shaped by the formative early years. I started out doing internships and then as a junior associate, and I was lucky to experience two very different but related areas of law, civil litigation and intellectual property litigating. During that time, I was not merely learning about the law in theory. I was sitting through hearings, helping to draft pleadings, and seeing the approaches that senior advocates took in court in deciding how to strategize.

    My best experience was being able to balance both prosecution and litigation. So on the one hand, I had actual experience with patent drafting, oppositions, and trade mark filings, which I think taught me a very technical, detail-oriented framework, while on the other, I had the experience of working with seniors on IP enforcement issues before the Madras High Court and the erstwhile IPAB. 

    I learned two things: that preparation and details are very important when working with complex disputes; and then also, I learned the importance of having trust and a good flow of clarity with clients. Because when a client comes to you, they are looking for more than a lawyer. They need someone who can sort through technically complex, high-risk disputes and return clear, readily manageable solutions. Over the years, that aspect is what made me credible and established me.

    Having managed multi-faceted IP portfolios and brand strategies, how do you foresee the convergence of AI, digital platforms, and global trade impacting IP enforcement and commercialization in the next five years?
    I visualize the next five years will see the intersection of AI, digital platforms, and international commerce, which will dramatically reshape enforcement and commercialization. Regarding enforcement, brands will increasingly rely upon AI-based monitoring systems to identify infringement, monitor supply chains, and detect misuse on e-commerce and social media platforms. Furthermore, we are already seeing the implications of the power of data analytics and image recognition methods to detect infringement much faster than traditional efforts allow. 

    With respect to commercialization, AI will start to re-use and re-imagine the notion of an asset, not only as a tool. Whether it is through AI-generated content, predictive analytics to inform research and development, or digital licensing platforms, businesses are increasingly going to understand that intellectual property is not merely a shield, but can also be used as a mechanism to create financial value.

    For us as professionals, this means transitioning away from the strictly enforcement-based position to advising the business more strategically. We will need to align legal protection with technology adoption, but also to align the business’ global strategies. In short, the practice of intellectual property will necessitate more and more a combination of legal skills, technology adoption, and commercial insight.

    Finally, what advice would you give to young lawyers and professionals aspiring to specialize in IP law, particularly in balancing litigation and prosecution on a global stage?

    As I tell young lawyers, both prosecution and litigation have something to offer and embracing both helps you become better at each one. The IP practice in India has also expanded tremendously; it is no longer a “road less taken.” The competition in this domain has intensified, and the number of practitioners is now greater. Moreover, IP is not a one-stream subject; it has many distinct subfields like trademarks, patents, copyright, designs, and geographical indications, all of which require different expertise. Young practitioners should consider specializing in these subfields and develop a focus area, while retaining a broad understanding of the other sub-disciplines.

    The rivalry among young lawyers has reached unprecedented levels, particularly due to the surge of private institutions producing law graduates every year. On the positive side, this generation is skilled in the use of technology and AI tools; however, I would advise them not to use these platforms at the expense of other more dependable methods. The core of any law practice is undertaking thorough legal research, reviewing original texts, statutes, case law, and recognized commentaries.

    Get in touch with Nithya Somasundaram –

  • “Whether arguing corporate disputes, pursuing PILs, or handling sensitive criminal trials, every brief is a trust placed in my hands, to be discharged with integrity and dignity.” – Shashank Singh, Founding Partner, CTS Partners LLP.

    “Whether arguing corporate disputes, pursuing PILs, or handling sensitive criminal trials, every brief is a trust placed in my hands, to be discharged with integrity and dignity.” – Shashank Singh, Founding Partner, CTS Partners LLP.

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

    How did you transition from your early years in litigation to regularly appearing before the Hon’ble Supreme Court, the Delhi High Court, and various other forums across the country? What were some key early learning experiences that laid the foundation for your practice?

    My transition from the early years of litigation to regularly appearing before the Hon’ble Supreme Court, the Delhi High Court, and other forums across the country was not sudden but a steady climb. I began in the trial courts of Delhi, handling matters where stakes for clients were immediate and personal. Those formative years taught me that advocacy rests on preparation, precision, and respect for procedure. Drafting pleadings instilled discipline, cross-examination taught patience, and interim applications honed the ability to think on my feet.

    Gradually, I began assisting in matters before the Delhi High Court. The shift required a different skill: structuring arguments with clarity and economy so that cases could survive preliminary objections. As clients entrusted me with appellate work, I appeared before various High Courts and Tribunals, while also briefing senior counsel in complex matters, learning how to condense large records into strategic briefs.

    The opportunity to appear before the Hon’ble Supreme Court followed naturally. It began with assisting in Special Leave Petitions and transfer petitions, and over time, I began appearing independently in interlocutory and final hearings. The guiding principle, instilled in me early on, has remained the same: never step into court without absolute command over your brief.

    Looking back, the lessons that shaped me did not come from one case or one forum but from consistently engaging with diverse matters, from trial disputes to appellate work and public interest litigation. Each stage built upon the last, creating a practice grounded not in chance but in cumulative discipline.

    As the Founding Partner of CTS Partners LLP, how do you balance leading the firm’s litigation and advisory verticals, and what vision do you have for the firm’s growth in an evolving legal market?

    Balancing litigation and advisory is less about dividing time than ensuring both strengthen each other. Litigation shows how contracts hold up when tested, while advisory allows disputes to be anticipated and avoided. At CTS Partners, we built our practice on this philosophy. Our litigation work is rooted in preparation, advocacy, and navigating complex forums, while our advisory practice focuses on precise drafting, foresight, and regulatory clarity, sharpened by lessons from court.

    As Founding Partner, I ensure insights flow between the two. A dispute in arbitration refines our contract reviews, while advisory on transactions always factors potential litigation risks. This constant feedback loop is what makes us effective across both fronts.

    My vision for CTS Partners LLP is to be recognised not only for competence but for partnering with clients through the entire lifecycle of their ventures, from inception and compliance to disputes and enforcement. In a rapidly evolving legal market shaped by technology and sectoral change, we aim to combine the rigour of the traditional bar with innovation in delivery. With a deliberate focus on sectors like Aviation, Biotechnology, Renewable Energy, and Infrastructure, we seek to build a firm that creates enduring value for clients while shaping standards in emerging industries.

    Your grandfather, Hon’ble Mr. Justice K. N. Singh, was a towering figure in the legal fraternity. How did his guidance shape your professional philosophy and influence your career choices?

    Law in my family has never been just a profession, it has been a legacy of values passed across generations. My great-grandfather was a judge, my grandfather, Hon’ble Mr. Justice K. N. Singh, served as the 22nd Chief Justice of India, and several of my uncles and cousins have served on the Bench. Growing up, the lessons came not from books, but from conversations with my grandfather where governance, justice, and human dignity were discussed as naturally as daily affairs.

    The principle he impressed upon me was simple: “You may choose to earn or choose to learn. If you choose to learn today, Lady Law shall ensure you never have to worry about the other.” From him I learned that credibility rests on preparation, judgment, and integrity, not just oratory. Even after holding the highest judicial office, he valued respectful disagreement if it was backed by logic and research. That humility before the law left a lasting mark on me. I still recall my first matter, a bail application under the Official Secrets Act. Nervous as I was, I narrated every detail to him afterwards. His focus was not the outcome, but the strategy, questions of law, and procedural nuances. The lesson was clear: never enter a courtroom unprepared.

    These principles have remained my compass. Whether arguing corporate disputes, pursuing PILs, or handling sensitive criminal trials, every brief is a trust placed in my hands, to be discharged with integrity and dignity. My family’s service to the law is not a pedestal for me to stand on, but a standard to live up to. Legacy, in my view, lies not in offices held, but in the work you do case by case, client by client, cause by cause.

    You have worked extensively in the aviation sector, including regulatory compliance, aircraft leasing, and contractual review involving sovereign obligations and global norms. What are the sector specific challenges you encounter, and how do you balance domestic legal frameworks with international regulatory requirements?

    My work in the aviation sector began with PSUs such as Air India Engineering Services Ltd. (AIESL), where every matter sits at the intersection of domestic law, international treaties, and operational realities. Whether it is a long-term aircraft lease, an MRO agreement, or a procurement contract, the advice must be technically sound, commercially viable, and compliant with sovereign obligations.

    The sector’s foremost challenge is reconciling India’s regulatory framework with global commitments. For instance, an aircraft lease must satisfy the Cape Town Convention while also meeting the Directorate General of Civil Aviation’s requirements. Counsel must draft provisions that withstand scrutiny in Indian courts yet remain recognisable abroad. The PSU context adds another layer, requiring compliance with General Financial Rules and vigilance norms, often at odds with international market standards. Bridging this gap without diluting compliance or commercial feasibility is where legal strategy becomes critical.

    Aviation also evolves faster than legislation. Engine configurations, safety protocols, and maintenance cycles change constantly, making flexibility in drafting essential. This requires working closely with engineers, procurement teams, and regulators so that legal language keeps pace with operational realities.

    Balancing domestic and international frameworks comes down to identifying the non-negotiables: statutory mandates, governmental approvals, and compliance procedures on one hand; treaty obligations, OEM standards, and global safety norms on the other. Once these are secured, agreements and dispute strategies can be structured to preserve both sides. In aviation, the cost of error is never just financial – it touches reputation and safety. That is why I approach every matter with the objective of delivering solutions that are watertight in compliance, workable in execution, and defensible before both domestic regulators and international counterparties.

    You have worked on plant genetics and environmental sustainability. How do you see biotechnology law evolving in India, especially in light of climate change and sustainability concerns?

    My engagement with biotechnology law has been rooted in real-world solutions. A case in point is my intervention before the Hon’ble Delhi High Court on the city’s air pollution crisis, where I proposed structured plantation of tissue-cultured Bamboo developed through plant genetics. This variety grows at nearly 1.5 feet per day, reaching 40 feet within two years, is non-invasive, requires minimal maintenance, and has one of the highest carbon absorption capacities among terrestrial plants. Its significance goes beyond ecology—it is also a raw material for CNG, ethanol, and electricity generation, aligning environmental goals with renewable energy targets, employment generation, and revenue creation for the State.

    This experience reflects the direction in which biotechnology law in India must evolve. Our current framework, spanning plant variety protection, patents, biosafety rules, and biodiversity obligations, largely operates in silos, whereas real biotechnology projects cut across them. As climate change accelerates, the law will need to shift from merely managing risk to actively enabling innovation with measurable environmental and social value.

    Three changes are critical. First, integrating climate and sustainability targets into sectoral approvals so projects with clear ecological benefits face streamlined pathways. Second, creating predictable and time-bound regulatory clearance systems that allow innovators to move from laboratory to field efficiently. Third, balancing commercial exploitation with safeguards for biodiversity, soil health, and community rights. My experience shows that when legal strategy is integrated at the inception of a scientific plan, both compliance and commercial viability are far more likely. The future of biotechnology law in India lies in anticipating regulatory concerns early while enabling science to deliver climate resilience, food security, and economic opportunity.

    In the media and entertainment industry, you have handled intellectual property rights, contractual enforcement, and content regulation. How do you approach safeguarding creative rights in an age where digital content is expanding at an unprecedented pace?

    Safeguarding creative rights today requires more than reactive enforcement. With content created and distributed at unprecedented speed, the law must be embedded from the inception of a project. Contracts need to be precise and anticipatory, covering ownership, attribution, territories, and protection across emerging platforms, including streaming, interactive media, and AI-assisted formats.

    Infringement now extends beyond copying to unauthorised adaptations, derivative works, and misappropriation of concepts. My role is to anticipate these risks and ensure that protective clauses and enforcement mechanisms are in place upfront. Globally, frameworks like the US Digital Millennium Copyright Act provide structured procedures for takedowns and intermediary liability. India, however, still relies on broader provisions under the Information Technology Act, which were not designed for AI-driven content or mass online distribution. This absence of a dedicated framework, especially for AI training on copyrighted material, creates significant gaps for creators.

    In this environment, I adopt a proactive approach: contracts that are both jurisdiction-specific and internationally aware, active monitoring of infringement, and swift enforcement across forums. Protecting creative investment requires foresight and adaptability. My objective is to ensure creators can innovate and share their work with confidence, knowing their rights remain secure even as technology evolves.

    What has been one of the most challenging cases in your career, and how did you navigate the legal and personal complexities involved?

    In the course of practice, we encounter matters that test our interpretation of law, our procedural skill, or our ability to strategize under pressure. Then there are cases that demand far more, cases that place you directly before the rawest realities of human cruelty and compel you to carry forth with both the composure of an advocate and the compassion of a human being.

    One of the most difficult matters I have ever handled involved grave offences under Sections 376 and 377 of the Indian Penal Code, along with offences under the POCSO Act. The accused included the father of the victims, a young girl and her brother along with his associates. Representing the children in such circumstances is not merely about applying the statute. It requires a trauma informed approach, where every interaction is measured, where every question is weighed against the risk of inflicting further pain, and where the dignity of the victims is the paramount consideration. The courtroom in such matters is not just a place of law, it becomes a place where emotional safeguards are as vital as legal safeguards.

    What made this case uniquely difficult for me was how close it felt to home. My own nieces and nephews are of the same age as the victims. In the conference, as I listened to these children speak about their lives, their words were those of any child – school, friends, small joys, yet behind them lay a history no child should have to bear. In their eyes I could see my own kin, and that realisation was unsettling. It is one thing to know the facts as counsel, and quite another to feel them through the lens of your own family. The challenge was to channel that proximity into determination rather than distraction. The law required me to be measured, precise, and unwavering in court, while the human reality urged me to protect them as if they were my own. Every procedural choice, every submission, had to preserve the strength of the case while ensuring the children did not have to relive the trauma unnecessarily.

    In the end, what stays with me is not just the legal conclusion but the resilience of those two young lives. Despite their ordeal, they bore themselves with a quiet strength that left an impression far deeper than any verdict could. For me, this case was a stark reminder that advocacy is not only about securing justice on paper, but also about ensuring that those we represent are met with dignity, protection, and faith in the process.

    From environmental issues to governance reforms, your PIL work has addressed causes of broad public significance. In your view, what role will PILs play in shaping India’s legal landscape over the next 20 years?

    Public Interest Litigation has been one of India’s most transformative judicial innovations, allowing citizens to seek structural remedies for systemic wrongs. Its strength lies in a legacy built on landmark interventions: from Kesavananda Bharati’s Basic Structure doctrine which expanded judicial responsibility, to M.C. Mehta’s environmental cases that introduced CNG in Delhi’s transport fleet, to Vishaka which created an entirely new framework against workplace harassment. These cases show how PILs can reshape governance where legislation lags.

    When I intervened in Delhi’s air pollution crisis, I sought not rhetoric but a science-based solution: structured plantation of high-yield tissue-cultured Bamboo with extraordinary carbon absorption capacity and multiple commercial uses in clean fuels. The aim was to confront ecological, economic, and employment concerns in a single implementable measure.

    Looking ahead, the frontier of PILs will broaden to issues like climate change, cross-border crimes, digital privacy, and algorithmic governance. With India yet to enact a comprehensive AI law, it is conceivable that the first major questions of AI ethics and accountability will reach the courts through PILs. The challenge will be to preserve credibility by ensuring PILs remain grounded in research, evidence, and workable outcomes rather than quick, media-driven filings.

    If pursued with rigour and foresight, PILs will remain one of the most powerful levers of systemic reform, holding the State accountable, shaping public policy, and safeguarding constitutional values for the next generation.

    You have been active in mentorship and legal aid. What advice would you give young lawyers who aspire to appear in higher courts and work across diverse legal domains?

    The first thing I realised in practice is that there is no shortcut in law. This profession is not a place for instant gratification. The cases that test you, the seniors who challenge you, and the long hours of research for a matter that may be over in two minutes in court, all form part of the process that shapes a lawyer’s instinct.

    For those aspiring to appear before the Hon’ble Supreme Court, the High Courts, or even specialised tribunals, it is essential to understand that higher court practice is not built on clever argumentation alone. It rests on a solid command over facts, procedure, and precedent, as well as the ability to anticipate the bench’s concerns and respond with clarity. This requires discipline in preparation, not just reading the brief but living with it until every argument becomes second nature. Equally important is the ability to listen. Sometimes, knowing when not to speak is as strategic as knowing what to say.

    In my own journey, one of the most formative experiences was working with Hon’ble Mr. Justice R. S. Endlaw, Retired Judge of the Delhi High Court. He not only taught me how to carry myself in court but also encouraged me to observe the craft of Senior Advocates who argued complex matters before him. He would remind us that the art of advocacy lies as much in how an argument is presented as in the law that supports it. From him, I also learnt the discipline of research, not simply gathering material, but knowing what to look for, how to sift through competing strands of law, and how to present it with clarity. Perhaps most importantly, working under him gave me perspective on how a Judge, not one from my own family background but from outside, views a matter. To this day, I try to place myself in that position, to imagine how a Judge thinks, reacts, and weighs an argument. That training continues to guide me.

    In terms of practice, I feel that the wide range of matters I have handled—from aviation and energy to medical science and biotechnology, has been a real advantage. Some of these areas are highly technical, but that is precisely what the profession demands: the ability to absorb, adapt, and make sense of disciplines far outside one’s own training. The law, by its very design, pushes you to step beyond comfort zones and to develop the capacity to present almost anything with clarity and conviction. In India, this adaptability is becoming even more important. With a rapidly expanding Bar, seniors with decades of experience, and the recent entry of foreign law firms, competition is only going to get more intense. Against that backdrop, being multifaceted is not simply a matter of choice but of survival and effectiveness, since clients increasingly expect lawyers who can handle diverse and often overlapping fields. This is not to suggest that there is anything wrong with focusing on a single specialised field. But in our system, cultivating breadth in the early years gives a young lawyer resilience, perspective, and the confidence to meet very different kinds of challenges.

    Lastly, I believe it is important to never lose sight of the fact that law is a profession of service. Mentorship, legal aid, and pro bono work are not optional extras. They are reminders of why many of us entered the field in the first place. Whether representing a corporation in a regulatory matter or a victim in a criminal trial, the lawyer’s role is not just to safeguard rights but to protect dignity and trust. If one carries that ethic forward, higher courts will not only be places to appear in, but arenas where a lawyer can contribute meaningfully to the living fabric of the law.

    Get in touch with Shashank Singh –

  • “Having a solid technical foundation helps me engage meaningfully with inventors, understand the core of their innovation, and translate that into precise legal language.” – Davender Punia, Patent Counsel at Wadhwa Law Offices.

    “Having a solid technical foundation helps me engage meaningfully with inventors, understand the core of their innovation, and translate that into precise legal language.” – Davender Punia, Patent Counsel at Wadhwa Law Offices.

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

    From engineering at BITS, Pilani to an LL.M. in Law & Technology at UC Berkeley, what inspired your transition from a technical role to a legal career, particularly in the field of intellectual property?

    I have always been someone who wanted to carve a slightly unconventional path. While many of my peers were heading towards an MBA or preparing for UPSC, I found myself questioning what would truly keep me intellectually engaged and professionally satisfied in the long run. That’s when I started reflecting deeply on my interests and I realised that law was something that genuinely intrigued me.

    So, I decided to take the leap and pursued an LL.B. from Delhi University along with my first job. During my law studies, I naturally gravitated towards patent law. It was a perfect intersection of my technical background and growing interest in legal thinking. That blend of technology and law really excited me.

    After completing my LL.B., I wanted to deepen my understanding and focus on this intersection, which led me to pursue an LL.M. in Law & Technology at UC Berkeley. Since then, I’ve been working as a patent lawyer, and while the transition from engineering to law was certainly a bold and challenging one, looking back now, I can say it was one of the best decisions I have made. It has been a fulfilling journey.

    In what ways has your engineering background influenced your approach to patent drafting, prosecution, or litigation especially when dealing with highly technical sectors?

    My engineering background plays a crucial role in how I approach patent matters. It has trained me to think logically, break down complex inventions into simpler components, and understand the technical nuances that are often central to patent drafting and prosecution. When dealing with inventions, having a solid technical foundation helps me engage meaningfully with inventors, understand the core of their innovation, and translate that into precise legal language. This ensures that the patents I draft are not only legally sound but also technically accurate and strategically strong. 

    Even in litigation, my ability to understand technical documents, prior art, and expert reports gives me an edge in building arguments and cross-examining technical witnesses. It helps bridge the gap between the legal and technical worlds which is essential in patent law.

    Transitioning from engineering to law is quite a significant shift. What were some of the key challenges you faced early on in your legal career, and how did you navigate them?

    Yes, the transition from engineering to law came with its fair share of challenges. The skill sets required in both fields are quite different. In engineering, the focus is largely on problem-solving in a structured, often individual capacity. On the other hand, law is much more dynamic and people-facing involving teamwork, client interactions, and the ability to communicate complex ideas clearly.

    Initially, it was a bit overwhelming to shift from working quietly on technical problems to having to articulate arguments, think on my feet, and engage with clients, patent officers or courts. Adapting to this new environment took time, but with consistent effort and mentorship, I eventually found a rhythm. Looking back, I see this shift not as a hurdle but as an important phase of personal and professional growth.

    You’ve been closely associated with the automobile industry- both through your prior engineering role at Maruti Suzuki and working on patent strategy for automobile companies. What are some of the unique IP challenges that companies in this sector face when operating in India?

    One key observation I have made while working with Indian automotive companies is that IP is often not treated as a strategic priority. It usually comes in late during product development, especially in a sector traditionally focused on production and supply chains. Enforcement is a major concern, particularly when it comes to tackling counterfeit products. Another challenge lies in vendor-level IP protection,many companies work with third-party suppliers without clearly defined IP ownership in contracts, which becomes a legal nightmare at a later stage.

    However, the landscape is evolving. With the rise of EVs, connected mobility, and software-driven features, IP is becoming increasingly important. Buyers today often care more about tech features than mechanical specs. Yet protecting such innovations especially software and AI is tricky in India due to patentability restrictions. A proactive IP strategy is now more essential than ever.

    Having represented clients in opposition proceedings and patent office hearings, how would you assess the Indian patent ecosystem in comparison to international jurisdictions? What best practices could India adopt to strengthen its system?

    The Indian patent ecosystem has come a long way, especially in the last few years. Timelines have improved, rules have been amended, digitization has made filings and hearings more efficient, the Patent Office is becoming more responsive, and special IP divisions are being set up at major High Courts. However, when compared to some international jurisdictions, there’s still room for improvement particularly in consistency of examination standards and depth of reasoning in office actions or opposition decisions.

    Another area where India can improve is in increasing technical training and specialization of patent examiners, especially in emerging fields like AI and biotech. Greater transparency in outcomes and timelines would also build confidence in the system. Adopting global best practices and encouraging early engagement between applicants and examiners, could also go a long way in strengthening the Indian IP ecosystem.

    Your time at UC Berkeley exposed you to global perspectives on intellectual property and business strategy. How has this international exposure influenced your legal thinking and practice within the Indian framework?

    Patent law is one field where the core concepts like novelty and inventive step remain largely uniform across major jurisdictions, thanks to global frameworks like the Paris Convention and the Patent Cooperation Treaty (PCT). My exposure to the US patent system and interactions with peers from over 50 countries at UC Berkeley significantly broadened my perspective on how different countries approach similar IP challenges.

    This international experience equipped me to handle patent prosecution in jurisdictions like the US and EU with greater confidence. More importantly, it helped me view IP not just as a legal formality but as a strategic business tool. I now encourage clients to think about IP early and align it with their commercial objectives. It also made me more mindful of global standards in drafting, prosecution, and portfolio management. Bridging international best practices with the Indian framework has added real value to my practice and client outcomes.

    With rapid technological advancements, how do you see AI reshaping the legal industry? What steps can lawyers take to remain relevant in the age of AI??

    AI is a topic I am deeply passionate about. I would like to touch on two key aspects here- how AI is transforming the legal profession, and the legal challenges AI itself brings.

    AI will reshape every area of law, from IP to liability and contract interpretation to competition, data privacy, and regulatory compliance. Even without a dedicated AI law like the EU AI Act, existing legal frameworks will increasingly need to address AI-related issues. The day is not far when most law firms will have dedicated AI law practice.

    On the other hand, AI is also changing how we practice law. Given the template-driven and repetitive nature of much of legal work, AI tools are being widely adopted to improve efficiency. Major law firms in India have started integrating AI into their workflows. While this boosts productivity, it also raises concerns about the future of certain legal roles. 

    As the saying goes, “AI would not replace lawyers but will replace lawyers who don’t use AI”. To stay relevant, legal professionals must embrace technology, continuously upskill, and focus on areas where human judgment, strategic thinking, and empathy remain indispensable.

    Following up on the previous question, what are the key legal issues AI raises in the context of IP law?

    AI raises several complex legal questions in IP law because it challenges traditional concepts of authorship, inventorship, and ownership. For instance, most patent and copyright systems globally require a human creator or inventor but how do we address inventions or creative works autonomously generated by AI? Should the AI’s developer, user, or owner get the rights?

    Another major issue is training data. AI models are often trained on vast datasets that may include copyrighted works, raising concerns about infringement and fair use. Determining the originality of AI-generated content also becomes tricky when the model relies on pre-existing works.

    Additionally, protecting AI algorithms and models themselves whether through patents, trade secrets, or copyrights poses its own challenges, especially when the invention combines both software and data-driven elements. Courts around the world are grappling with these issues, and it’s prompting a re-examination of existing IP frameworks. As AI continues to evolve, significant legal reforms may be necessary to address these emerging challenges effectively.

    Looking back on your professional journey, what advice would you offer to students or young professionals aspiring to build a career in IP law, especially in patents?

    My advice to students or young professionals aspiring to build a career in IP law, especially in patents, is to stay curious and build a strong foundation in both technology and law. Patent law sits at the intersection of science, innovation, and legal reasoning, so having a genuine interest in understanding how things work is key.

    Second, be patient. The learning curve can be steep, especially when dealing with complex inventions or international legal frameworks. Also, focus on sharpening your writing and analytical skills, they’re at the core of good patent practice.

    Lastly, stay updated. With emerging technologies like AI, biotech, and quantum computing, IP law is constantly evolving.

    I would especially encourage science and engineering students to consider patent law as a career option. It’s a unique field where your technical background becomes a real asset, and the work is both intellectually stimulating and impactful.

    Get in touch with Davender Punia –

  • ” India is on the cusp of becoming a major technology hub, and IP will play a central role in that journey.” – Prateek Shrivastava, Founding & Managing Partner at PNA Intellectual Property & Technology Attorneys.

    ” India is on the cusp of becoming a major technology hub, and IP will play a central role in that journey.” – Prateek Shrivastava, Founding & Managing Partner at PNA Intellectual Property & Technology Attorneys.

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

    You began your career in Electronics and Communication Engineering before transitioning into intellectual property law. What inspired this shift, and how has your technical background influenced your approach to IP practice?

    Before moving into intellectual property law, I was working with a government-backed electrical equipment company, fully immersed in engineering projects. I kept noticing that while a lot of great ideas were being developed, very few were being protected or taken to market in a structured way. That gap between technology and protection really stayed with me and eventually pushed me to explore IP. 

    What began as curiosity soon turned into a career path. I decided to formally study law and later qualified as a Patent Agent, which gave me both the legal and technical grounding to work in this space. That combination of engineering, law, and patent practice has been invaluable. When I sit with inventors or R&D teams, I can dive into the technical details and at the same time think strategically about how to convert their work into strong IP assets.

    My engineering background helps me speak the language of technology, while my law degree and patent agent qualification allow me to translate that innovation into legal protection and business value. It’s this blend that really shaped my approach to IP and continues to define how I work with every invention that comes across my desk.

    As an empanelled IP Facilitator under the Government of India’s Start-up India Intellectual Property Protection (SIPP) Scheme, what are the key challenges and opportunities you encounter while supporting early-stage start-ups?

    Working as an IP Facilitator under the Government of India’s Start-up India Intellectual Property Protection (SIPP) Scheme has been a truly eye-opening experience. One of the biggest advantages of the scheme is the strong support it provides to early-stage start-ups. With the government offering significant rebates on official patent fees and providing pro bono professional assistance through empanelled attorneys to DPIIT-recognized start-ups, many young companies have been able to secure patents that they might have otherwise delayed or avoided due to cost concerns. This framework has opened the doors for start-ups to build strong IP foundations right from the early stages of their business.

    However, the biggest challenge continues to be awareness and mindset. Many Indian start-ups still approach patent filing as a defensive move or a legal checkbox they need to tick, rather than seeing IP as a core part of their growth strategy. In contrast, if you look at start-ups in the US or Europe, they adopt a far more aggressive, offensive IP strategy. They use patents to carve out market monopolies, create high valuation leverage, and build long-term competitive barriers. This is one of the reasons why IP-driven companies in those economies contribute significantly more to GDP and societal growth because they see IP as a business asset, not just a legal requirement.

    Through the SIPP scheme, I’ve had the chance to work closely with many such Indian start-ups and help them shift their perspective. One example that stands out is a EV based start-up we supported in securing their patents and aligning their IP portfolio. That strategic IP work became a major factor in them raising approx. USD 15 million in funding, proving that when IP is treated as a growth tool, it delivers tangible results.

    The opportunity here is immense. With the government backing start-ups through rebates and professional support, and with the right guidance on how to leverage IP offensively rather than defensively, Indian innovators can build companies that not only protect their ideas but also dominate markets.

    You’ve collaborated with premier institutions like IITs and NITs on IP strategy and commercialization. Can you share an experience on how you helped transform a research idea into a commercially viable innovation?

    Over the years, we’ve had the opportunity to work with several premier institutions, especially NITs, on building their IP strategy and taking research beyond the academic stage. A lot of the work coming out of these institutions is brilliant, but often, the initial intent behind filing a patent is academic credit rather than commercialization. Our role has been to change that perspective and create pathways for these ideas to become market-ready innovations.

    Being empanelled with multiple IITs and NITs has given us a chance to replicate this model across different institutions and help them not just file patents but also align their research with commercial outcomes. It’s incredibly rewarding to see academic innovation transition into real-world solutions and to know that our IP strategy is helping bridge that gap between lab and market.

    Through MoUs with universities and incubation centers, you’ve promoted a culture of IP awareness. What critical gaps do you see in IP literacy among Indian innovators, and how can they be addressed?

    Signing MoUs with universities and incubation centers has shown me how powerful structured IP awareness programs can be. Despite the growing innovation ecosystem in India, there are still some critical gaps in IP literacy that hold back many inventors. A large part of the problem is that IP is still seen just as a legal formality. Innovators often file patents to meet academic requirements or to create a defensive shield, but rarely integrate IP as a business and commercialization tool from the very beginning.

    Another major gap is geographical. Most IP awareness and resources are concentrated in Tier-1 cities, while a lot of untapped innovation is happening in Tier-2 and Tier-3 cities. These regions have bright minds and unique problem-solving approaches but lack exposure to structured IP education and professional guidance. That’s one of the reasons I recently started Udyovidh Innovation and Incubation Centre in Gwalior, a Tier-3 city, with the aim of bridging this gap. Our focus is on early-stage start-ups, helping them embed IP strategy into their business models from day one, and creating an ecosystem where innovation doesn’t get lost due to lack of guidance.

    What we’ve noticed is that once innovators from smaller cities understand how IP can help them secure funding, scale their business, and even expand globally, their entire approach changes. Tier-3 cities need this focus because they’re not just catching up, they’re creating solutions that are often more cost-effective and directly relevant to grassroots challenges. By building IP literacy in these regions, we’re not only helping start-ups protect their ideas but also enabling them to compete on a national and international stage.

     After working with several leading IP law firms, what motivated you to establish your own practice? What were the biggest initial challenges, and how did you overcome them?

    After working with some of the leading IP law firms, I realized that there was a gap that needed to be filled. A lot of start-ups, individual inventors, and innovators outside the big cities struggled to access high-quality, business-focused IP services. Most of the top-tier firms were catering primarily to large corporations. I wanted to create a practice that was agile and approachable, where a young start-up or a first-time inventor could get the same level of strategic IP support as an established company. That vision is what motivated me to take the leap and establish my own practice.

    The initial challenges were exactly what you’d expect i.e., credibility and trust. Competing with Tier-1 firms while being based in a Tier-3 city like Gwalior was not easy. People often questioned whether a small-city firm could deliver at the same standard. The only way to overcome that was through consistent, high-quality work and building long-term relationships with clients. We leveraged technology to work seamlessly with clients across India and overseas, and word-of-mouth from successful cases helped us grow organically.

    Looking back, those early challenges shaped the DNA of the firm. Yes, we committed mistakes but these mistakes taught us to stay client-focused, maintain the highest standards, and prove that quality IP services don’t depend on your postal code rather they depend on expertise and commitment.

    As a member of international bodies like FICPI and AIPPI, how do you view India’s evolving IP landscape in comparison with global trends especially in areas like AI, biotech, and clean energy? What policy changes or reforms would you like to see to strengthen support for inventors and start-ups?

    Being part of international IP bodies has given me a good perspective on how India’s IP ecosystem compares with global trends. In areas like AI, biotech, and clean energy, India is moving in the right direction, but we are still catching up when it comes to integrating policy, industry, and innovation at the same pace as countries like the US, Europe, or even some parts of East Asia.

    AI is a prime example. While India has strong talent and a growing start-up base, our patent laws still need more clarity around software and algorithm-based inventions to give innovators confidence. In biotech, the potential is huge because of our R&D capabilities, but faster regulatory clearances and better tech-transfer mechanisms from academia to industry are needed. Clean energy is another critical area where India is innovating at the grassroots level, but the IP frameworks to support large-scale commercialization need strengthening.

    One policy change I’d really like to see is more structured incentives for IP-driven start-ups, similar to what some European countries offer. This includes not just fee rebates but tax benefits for companies actively investing in patent portfolios and R&D. We also need to build better linkages between government-funded research and industry so that patents don’t just sit on paper but actually reach the market.

    India is on the verge of becoming a global innovation hub, but to truly compete at a world-class level, our IP policy needs to be more forward-looking and business-oriented, especially in emerging technologies.

    You actively mentor start-ups through incubation programs. What advice would you give young entrepreneurs on embedding IP strategy into their business early on? Additionally, what guidance would you offer to aspiring IP lawyers looking to enter this field?

    When I mentor start-ups through incubation programs, the first thing I tell young entrepreneurs is that IP isn’t something you add later; it’s something you build into your business model from the very beginning. Every product roadmap, every funding pitch, and even every discussion with potential partners or investors is stronger when backed by a clear IP strategy.

    My advice is simple: don’t look at IP as a cost, look at it as an investment. Even a basic prior art analysis before you start developing can save you from reinventing the wheel or walking into infringement issues later. Start small if needed, but start early and build your IP portfolio as you grow.

    For aspiring IP lawyers, my guidance would be to really understand technology and business beyond the legal language. A good patent attorney is not just someone who drafts claims; they are a bridge between innovation and strategy. Learn to decode inventions, understand how businesses work, and always think about the commercial value of the IP you’re protecting.

    As the founder of PNA Intellectual Property & Technology Attorneys, what is your long-term vision for the firm? How do you see IP shaping India’s future as a global tech hub?

    When I founded PNA Intellectual Property & Technology Attorneys, my vision was very clear i.e., to create a firm that doesn’t just provide legal services but becomes a true partner in innovation. I wanted to build a practice where inventors, start-ups, and companies feel that their ideas are being nurtured into business assets, not just filed as paperwork. In the long run, my goal is to make PNA a go-to destination for technology-driven IP strategy, both in India and globally.

     India is on the cusp of becoming a major technology hub, and IP will play a central role in that journey. If we want to compete globally, our innovators must be able to not only create but also protect and commercialize their technologies effectively. I see PNA contributing to that by helping inventors move from idea to market with strong IP foundations and by creating awareness that intellectual property is as important as funding or product development in building a successful tech business.

     Over the years, that vision has grown stronger, especially with the team that came together to shape the firm. Anmol has been instrumental in developing robust business development strategies. He brought in a structured approach to client engagement, built sustainable collaborations with universities and incubation centers, and ensured that our services were aligned with the rapidly evolving needs of start-ups and enterprises. His ability to translate market dynamics into actionable growth strategies has been key in expanding our reach and making PNA a trusted name, even outside the Tier-1 hubs.

     Monica, with her sharp legal acumen, has been the driving force behind our legal strategies. She has meticulously built processes that combine technical insight with legal precision, ensuring that every patent or trademark we handle is strategically positioned for both protection and commercialization. Her focus on maintaining international standards has also allowed us to manage cross-border IP portfolios effectively and deliver the kind of quality work that competes with global practices.

     My vision is also to bridge the gap between Tier-1 cities and emerging innovation clusters in Tier-2 and Tier-3 regions. We’ve already proven that high-quality IP services can thrive outside the big metros, and I want PNA to be at the forefront of making IP accessible, strategic, and business-oriented for everyone, from a first-time inventor to a scaling tech company.

    Get in touch with Prateek Shrivastava –

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    For aspiring lawyers in this field, my advice is:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    Get in touch with Shipra Alisha Philip –

  • “For me, the beauty of being a lawyer lies in the constant pursuit of excellence and the privilege of contributing to a profession that holds justice at its core.” – Advocate on Record Supreme Court of India and Founding Partner at ARCAS LAW.IN.

    “For me, the beauty of being a lawyer lies in the constant pursuit of excellence and the privilege of contributing to a profession that holds justice at its core.” – Advocate on Record Supreme Court of India and Founding Partner at ARCAS LAW.IN.

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

    Your extensive experience and diverse areas of practice are highly admirable. What motivated you to choose a career in law, and what factors influenced your decision to pursue this profession?

    Choosing a career in law was a decision driven by both inspiration and a deep sense of purpose. Over the years, my journey in this profession has only deepened my appreciation for its intellectual rigor and dynamic nature. The legal field is an ever-evolving landscape, and even after a decade of practice, I find myself constantly learning and adapting. Whether it’s interpreting new statutes, analysing evolving precedents, or crafting arguments, the law demands a mindset that embraces lifelong growth and curiosity.

    What continues to motivate me is the unparalleled opportunity to think critically, solve complex problems, and make a meaningful impact on society. The challenges posed by each case remind me of the importance of staying engaged, asking questions, and honing my skills. This profession is not just about mastering the law but about continuously striving to better understand its nuances and applications in a changing world. For me, the beauty of being a lawyer lies in the constant pursuit of excellence and the privilege of contributing to a profession that holds justice at its core.

    After completing your Law degree, what led you to choose the University of Glasgow for your LL.M. in Intellectual Property and Digital Economy? What aspects of this specialization interested you, and how did the university’s teaching approach stand out to you?

    After completing my 5 year course from Institute of Law, Nirma University, I started practising before the Rajasthan High Court and gained some valuable experience. It was during this time that I realised that it was the right time for me to devote some additional time towards academics. Since Intellectual Property was my major subject in law school and I had developed a peculiar interest in it I decided to look for universities offering post graduate degree course in this subject. A few major considerations for me while deciding the university were firstly of course the curriculum and the professors but as I started with my list of universities, apart from the above the next few considerations which came were the cost of living and the expenses to be incurred apart from the tuition fee. While I got offers from University of Manchester, Edinburgh and Warwick, I finally selected the University of Glasgow for it having the most advanced course module which dealt with Intellectual Property in Digital Economy. My course included subjects of brand protection, moral rights in copyright which was also the subject of my thesis at the University. 

    As far as the teaching pedagogy of the University of Glasgow I should admit that I was literally taken aback in the initial weeks as the classrooms were more of discussions where students coming from different backgrounds used to share their insights and their understanding of the subjects. The professors used to share articles and course materials beforehand and the classes usually happened in a manner where the floor was left open for discussion on the understanding of the subject and for sharing the analysis of the material. A significant part of the discussions in the class was having students from different backgrounds where they would shed light on the laws as in their respective countries. I had the privilege of discussing the Indian IP laws and I should say that some of our judgments particularly on fair use of copyrighted material specially course books and patents applications for generic medicine were quite a hit amongst the class. I believe the type of teaching approach followed at the University was absolutely outstanding as in most of the discussions there were no wrong answers, just observations, analysis and critiques by students which helps in gaining a new perspective, something which cannot be done if the classes are merely discussing the views of the authors. 

    As you were starting your career, what were some key experiences that served as valuable learning moments and have stayed with you throughout your journey?

    When I had just begun my practise, a very kind senior of mine told me that as a lawyer, its your duty towards the client as well as the Court that you should always be thoroughly prepared, you should know the facts of the case, the applicable substantive and procedural laws and the relevant judgments on the subject. This commitment to diligence has been my guiding principle. One of the most valuable lessons I’ve gained is that no two cases are alike, and each case presents an opportunity to learn and grow. Whether it’s through direct mentorship, observing senior counsel in court, or engaging in discussions with colleagues, every experience has contributed to honing my legal acumen.

    These experiences, coupled with the guidance from mentors, have shaped the lawyer I am today, and I continue to carry them with me in every matter I handle.

    What inspired you to establish your own practice, Arcas Law? What were some of the early challenges you faced, and how did you overcome them?

    This is something I believe every first generation lawyer dreams of the moment they enter the profession. I have been blessed to have worked with some of the most brilliant minds in this profession who were kind enough to not just help me grow but also taught me the nuances of practice of law and more than anything the art of advocacy. I truly and most humbly believe that having a good senior by your side is the single most important thing in this profession. There are numerous occasions where you just want someone to guide you to the right direction and that is what inspired me. I have been closely associated with people who I have seen working very hard in established law offices and firms and I have seen them set up their own offices and that just lit a spark in me that I too wanted to follow their path. Now that I think of it, I just wanted to be like them because I admired them so much. 

    Initially, yes there are few things which need attention and once you make the switch from being in an office to having your own office it is only then that you figure them out. I was lucky that my colleagues and staff were very accommodative and adjusted well to the change. From day one in our office we had a few ground rules which I carried forward from my previous office where the work is aptly delegated and divided amongst the staff, we have regular meetings to discuss the ongoing work and to also discuss about the functioning in the office, and all of which helps in streamlining and getting work done at the right pace. 

    With your extensive experience as an AOR before the Supreme Court of India and representing high-profile clients such as Mahindra & Mahindra and ICICI Bank, is there one case that particularly stands out as memorable? If so, could you share your experience dealing with that case and how you prepared for it, with our readers?

    I have always believed that no matter is ever big or small and that every case or brief deserves the same amount of respect and dedication. As a matter of practise at our office we always strive to strike a balance between the type of cases that we take up, so on one hand while we are dealing with matters relating to commercial interest of companies and other matters involving substantial transactions, on the other hand we also have matters which we take up on pro -bono basis and  more often than not that it is the latter type which always stands out for me in terms of being memorable. 

    I can tell you about a few recent ones that our office dealt with and I am very happy to share that in one of them the Hon’ble Supreme Court settled the law with respect to the offense of abetment vis-à-vis the offense of bigamy. In this matter we were appearing for the wife whose husband allegedly got married for the second time. However, the Hon’ble High Court allowing the petition filed by the relatives of the second wife held that bigamy is not an offense of wider amplitude and thus there can be no question of its abetment and allowed the Petition thereby setting aside the summoning order. Interestingly, the Petitioner in this case first approached the Legal Services Committee which rejected her case saying that there are no grounds to interfere with the judgment of the High Court as it is on sound principles of law. 

    When the Petitioner approached us we ran through the papers and found that the observations of the High Court were completely uncalled for. We decided to take up the case pro bono and during its preparation our entire office was busy collating judgments and going through commentaries on abetment and bigamy and once we were done we had judgments ranging from 1902 to 2024 covering the subject. We argued our case before the Hon’ble Apex Court and the Bench of the Hon’ble Chief Justice was pleased to note that the observations of the High Court on bigamy were in teeth of the judgments of this Court and further also set the principle that the offense of abetment to bigamy is applicable and can be imposed when conditions are met. 

    Similarly we had another case where we were appearing pro bono for a deaf and mute person and our challenge was that the disability of the person cannot be used as a ground to deny him his basic rights. In order to research for the same we went through a lot of literature on sign language and even the different types of symbols & signs and also learnt how the same sign used can have different meanings as this sign language varies in regional languages. I would say it is always the preparation of these cases that is the most memorable part for me.

    Given your specialization in Intellectual Property law and the growth of e-commerce and technology-driven businesses in India, how do you envision the future of intellectual property protection in the digital economy?

    Every industry player, be it in any kind of industry, wants to make sure that their product or service be associated with their name or mark or their brand and that the customer should not come looking for the service or the product but should come for the name. This is where the role of intellectual property comes in. It is a very vast subject and the implications it can have on one’s business are huge.

    The digital economy is characterised by its global outreach which involves innovations at a rapid pace and places huge reliance on intangible assets. Thus, having a robust and strong IP presence is at the heart of every business strategy. 

    In this dynamic environment, the most important thing that people or consumers look for is authenticity and trust. Intellectual property is literally the backbone of these attributes as it creates a foundation that allows business to distinguish themselves in this crowded digital marketplace. 

    A strong mark creates that bridge of trust between a business and its consumers which is more relevant than ever in the e-commerce era and technology driven sectors as the physical interaction with the product is almost zero and the decision hinges particularly on the reputation and goodwill associated with the brand. 

    But when we talk of the future of IP in this digital economy it hinges on and is intrinsically tied to the ability of stakeholders to adapt to new challenges. On one side we have the global reach of the digital marketplace but we also need to keep an eye on the amplified risks associated with IP infringement in the digital space and as we witness the evolution of AI, there is no dearth of methods that can be used to exploit the gaps in IP protection. I would say that any business that takes Intellectual property as a strategic asset will not only be in a position to safeguard its innovations but will also be able to cement its place in the digital economy. 

    In your experience with real estate law, what do you believe is the biggest challenge facing developers and homeowners in India today?

    I think the aspiration of owning a home contributed a lot towards the development of real estate laws. In fact there was a time when everyday the newspapers used to be filled with advertisements of new housing and commercial projects coming up which would boast about their spacious apartments, extra facilities like gyms, spas, and landscaped gardens. Homebuyers and investors, lured by these promises, poured significant resources into these projects, often viewing them as secure and high-yielding investments.

    However, the real estate market is not immune to macroeconomic factors. Over time, rising inflation, increasing construction costs, and growing interest rates created a ripple effect that significantly impacted the financial ecosystem of this sector. One of the most critical challenges that emerged was the cyclical nature of defaults. A delay or default in payments by homebuyers often strained the liquidity of developers, causing them to default on their financial obligations, including project completion. Conversely, when developers failed to deliver on time, homebuyers faced financial distress, particularly those servicing home loans. 

    The result is a pervasive sense of mistrust and financial instability, which has triggered a flood of legal disputes between developers and homeowners and the same has thus manifested across various legal forums like consumer commissions, RERA and even NCLT. 

    A key challenge that becomes a major issue in the real estate sector is the financial interdependence of buyers and developers. Sometimes delays in payment can cause a domino effect and the entire project suffers. Additionally this sector is also exposed to certain broader economic and policy issues such as land acquisition, inflation, market fluctuation which add to the complexity. 

    Another key challenge for developers is navigating the different regulatory frameworks. While legislations such as the Real Estate (Regulation and Development) Act, 2016 (RERA) aim to ensure transparency and accountability, compliance can be burdensome, particularly for smaller developers. On the other hand, homeowners often face the challenge of enforcing their rights in the face of delays, substandard construction, or outright abandonment of projects. For many, the legal process can be daunting, time-consuming, and financially draining.

    What advice would you offer to young lawyers who aspire to have a successful career like you as an AOR? How can they best prepare for success in these fields, and what challenges should they anticipate?

    The transition from law school to practice can be very overwhelming. Early in the career, lawyers may often feel that the financial returns are not to be commensurate with the effort that is being put in. To all the young lawyers and students reading this I would say patience and perseverance are very crucial in this phase. Litigation demands unwavering commitment, discipline and adaptability. A litigation office often operates like a fire brigade where unexpected challenges arise and immediate action is required. Litigation often involves juggling multiple cases with overlapping deadlines. Time management and prioritization are critical. 

    As an AOR, drafting pleadings and petitions is a significant part of your role. Meticulous research and clear, concise drafting can make or break a case. Cultivate the habit of reading judgments critically and understanding the reasoning behind them. At the same time, young lawyers need to work hard to familiarise themselves with the emerging technologies and be savvy with legal research platforms, case management software, e-filing systems, and virtual court proceedings. 

    To build a successful career as an AOR or as a lawyer preparation and persistence are key. While preparation will always remain first, the art of presentation is as important. Pay attention to how senior lawyers argue their cases in court. Learn the art of persuasion, and work on your confidence and communication skills. 

    Given the demands of your profession, how do you manage to unwind and maintain a healthy work-life balance?

    The profession has its perks. Many would agree that as lawyers, we are fortunate to have the benefit of scheduled vacations—once during the summer, once in the winter, and a handful of breaks throughout the year. While our work philosophy is firmly grounded in the “work comes first” principle, we are also mindful of the challenges posed by such a demanding profession. Balancing personal well-being alongside professional responsibilities is essential.

    For me personally, travel plays a significant role in unwinding and recharging. I’ve discovered that I am more of a “lazy traveller,” someone who eagerly looks forward to new destinations but ends up spending most of the vacation relaxing, sleeping, and taking it slow. This approach allows me to truly disconnect from the pressures of work and focus on re-energizing myself. Whether it’s exploring a new place or simply enjoying a change of scenery, taking time off helps me return to my practice with a renewed sense of purpose and clarity.

    Get in touch with Arpit Gupta –

  • “Innovation and adaptability are indeed crucial in the legal profession, particularly in the field of Intellectual Property (IP) law”- Paridhi Tyagi, Former Associate Partner at Sim And San

    “Innovation and adaptability are indeed crucial in the legal profession, particularly in the field of Intellectual Property (IP) law”- Paridhi Tyagi, Former Associate Partner at Sim And San

    This Interview has been published by Pragya Chandni and The SuperLawyer Team

    Can you share with us how you initially became interested in pursuing a career in law, particularly in the field of Intellectual Property?

    My inclination towards pursuing a career in law, particularly in Intellectual Property (IP) law developed through a combination of academic exposure, personal interests, and professional experiences.

    During my academic journey, while studying Intellectual Property Rights (IPR) as a subject, I was always fascinated by how innovation and creativity drive progress in various fields, and I became particularly interested in how these creations could be protected and leveraged legally.

    Moreover, my internship provided invaluable real-world exposure to IP issues. Engaging directly with trademark and copyright matters during this period not only equipped me with practical skills but also deepened my comprehension of the nuances of IP law.

    In essence, my foray into IP law has been shaped by a trifecta of academic intrigue, hands-on experience, and a personal ardour for innovation and creativity. IP law uniquely amalgamates these passions, offering a vibrant avenue to contribute meaningfully to diverse industries by ensuring rightful recognition and protection for creators and inventors.

    What were some of the pivotal moments or experiences during your early career that solidified your passion for Intellectual Property law?

    Having a good mentor during the nascent stage of one’s career is imperative, and I consider myself incredibly fortunate to have had one.  I was grateful to have a brilliant mentor early on in my career, Mr. Vikrant Rana, whose guidance was instrumental in shaping my career path and deepening my passion for Intellectual Property law.

    Early on, I was entrusted with significant responsibilities, such as managing client portfolios and participating in strategic meetings. These experiences not only built my confidence but also reinforced my commitment to this field.

    Moreover, I actively participated in various international conferences, including INTA, AIPPI, and APPA, and served as a committee member for INTA in 2019 and the present term. These conferences provided me with the opportunity to interact with industry experts and brilliant legal minds from across the globe. Engaging with the broader IP community during these events expanded my horizons and ignited my enthusiasm for making meaningful contributions to the field.

    You’ve worked with a diverse range of clients over the past decade. Could you highlight some of the most challenging cases you’ve worked on and how you navigated them?

    Over the past decade, I’ve had the privilege of working with a diverse range of clients in various industries. This experience has exposed me to several challenging cases that required innovative thinking and strategic problem-solving.

    One particularly gratifying experience involved facilitating the seamless entry of a Fortune 500 company into the Indian market. This process was comprehensive and multifaceted, requiring meticulous due diligence to ensure a successful outcome. We began by conducting thorough market research to identify any potential conflicts with existing trademarks. This involved analyzing market trends, studying consumer behaviour, and assessing the competitive landscape to ensure our client’s brand would stand out without causing confusion.

    Central to this process was the meticulous avoidance of market confusion. Extensive trademark searches and evaluations were conducted to affirm the distinctiveness and legality of our client’s brand, thereby pre-empting any legal disputes that might arise from similarities with existing trademarks.

    A significant hurdle we encountered was navigating potential obstacles, notably third-party marks that could hinder our client’s market entry. To address this, we devised a strategic buy-out plan. We approached the holders of these third-party marks and successfully negotiated buy-out agreements, effectively removing any legal barriers and ensuring a clear path for our client’s brand.

    In another instance, I managed a trademark dispute for a pharmaceutical company. The challenge here was the potential market confusion due to the similarity of our client’s trademark with that of a competitor. To address this, we conducted extensive market research and gathered evidence to demonstrate the distinctiveness of our client’s brand. Also worked on negotiating a settlement that included coexistence agreements, allowing both parties to continue using their respective trademarks without consumer confusion. This not only resolved the dispute amicably but also preserved our client’s market position.

    In each of these cases, the key to navigating the challenges was a combination of deep technical knowledge, strategic legal thinking, and effective communication. Collaborating closely with clients to understand their needs and goals, leveraging expert insights, and maintaining a proactive and solution-oriented approach were crucial to achieving successful outcomes.

    Innovation and adaptability are crucial in the legal profession, especially in IP law. How do you stay ahead of the curve and ensure your strategies remain effective in a constantly evolving landscape?

    Innovation and adaptability are indeed crucial in the legal profession, particularly in the field of Intellectual Property (IP) law. I focus on several key areas:

    · Continuous Learning and Professional Development: Staying updated through conferences, webinars, advanced courses, and leading IP law journals.

    · Technological Proficiency: Embracing technology is essential in modern legal practice. I utilize advanced legal research tools and databases to conduct thorough and efficient research.

    · Networking and Collaboration: Engaging with IP professionals through associations and forums for knowledge sharing and best practices.

    · Client-Centric Approach: Understanding clients’ industries and anticipating their needs to tailor strategies and mitigate risks.

    · Emerging Trends: Keeping an eye on emerging trends is vital for staying ahead. For instance, with the rise of digital technologies and artificial intelligence, new IP challenges and opportunities are constantly arising. I invest time in understanding these technologies and their legal implications, ensuring that I can provide informed and forward-thinking advice to my clients.

    · Interdisciplinary Knowledge: IP law often intersects with other fields such as technology, business, and international law. I strive to broaden my knowledge base by studying related disciplines. This interdisciplinary approach allows me to address complex IP issues more effectively and to develop comprehensive strategies that consider various legal and business factors.

    · Strategic Thinking and Innovation: Lastly, I regularly brainstorm to develop creative solutions to challenging legal issues. I also conduct post-case reviews to identify areas for improvement and to refine strategies continuously.

    Can you describe a particular success story where your IP strategy significantly benefited a client? What were the key factors that led to this success?

    Recently, I was involved in a comprehensive worldwide due diligence for a client who was acquiring a company primarily based on its intellectual property (IP) assets. During this process, we uncovered a significant discrepancy – a large portion of the IP assets were found to be invalid, which had a profound impact on the agreed amount for the sale and purchase of these assets.

    The key factors that led to this success were thoroughness and diligence in conducting the due diligence process. We left no stone unturned in scrutinizing the IP portfolio of the target company, ensuring a meticulous examination of trademarks, copyrights, and other relevant IP assets across multiple jurisdictions.

    Additionally, effective communication with the client was crucial. We kept them informed at every stage of the due diligence, discussing findings promptly and transparently. This allowed the client to make well-informed decisions based on accurate information, mitigating potential risks and maximizing the value of their investment.

    Furthermore, our ability to adapt and strategize in response to unexpected findings played a pivotal role. Upon discovering the invalidity of a significant portion of the IP assets, we swiftly reevaluated the deal terms and renegotiated the purchase price, ensuring our client was protected from potential financial liabilities.

    This experience underscores the importance of conducting thorough due diligence in IP transactions. By meticulously assessing the quality and validity of IP assets, we were able to safeguard our client’s interests and ensure a successful outcome despite encountering unforeseen challenges.

    As an innovative thinker and adept communicator, how do you approach complex legal issues to make them understandable for your clients?

    As an innovative thinker and adept communicator, I use several key strategies to make complex legal issues understandable for my clients:

    · Simplifying Legal Jargon: I break down legal terminology into plain, everyday language to ensure clear and straightforward explanations.

    · Using Analogies and Examples: Employing relatable analogies and examples helps convey complex legal concepts in a more concrete and understandable manner.

    · Tailored Communication: I adapt my communication style to fit each client’s background and expertise, offering more straightforward explanations for those with less legal knowledge and deeper details for those with a legal or technical background.

    · Step-by-Step Explanations: I break down complex issues into manageable steps, walking clients through each phase of the legal process and clarifying the significance and implications of each step.

    · Active Listening and Engagement: I actively listen to clients’ concerns and questions, engaging in two-way dialogue to address confusion and ensure clients feel heard and understood.

    · Written Summaries and Follow-Ups: Providing written summaries of discussions and next steps reinforces understanding, and I encourage clients to review and ask follow-up questions to maintain clarity on progress.

    By combining these strategies, I ensure my clients understand their legal issues, feel confident, and make informed decisions. This approach builds trust and fosters a collaborative, transparent attorney-client relationship.

    You’ve held various positions, from Senior Associate to Associate Partner. How has your role evolved over the years, and what have been some of the key lessons you’ve learned along the way?

    In my career journey, I’ve seen significant role changes, progressing from Senior Associate to Associate Partner. This progression has been marked by a continuous pursuit of growth and learning, fuelled by my inherent love for hustling and the perpetual fire in my belly to improve every day. One of the key lessons I’ve learned is the importance of adaptability. As I moved up the ranks, I encountered diverse challenges that demanded flexible approaches and innovative solutions. Embracing change and being open to new ideas became essential traits that helped me navigate through various professional landscapes. Another vital lesson has been the significance of effective communication and relationship-building. As I assumed more leadership responsibilities, I realized the critical role that clear communication plays in fostering collaboration and driving success. Building strong relationships, both internally and externally, became instrumental in achieving organizational objectives and delivering value to clients.

    What advice would you give to fresh law graduates who are considering a specialization in Intellectual Property law?

    Begin by building a strong foundation in Intellectual Property (IP) law and understanding relevant statutes and regulations. Engage in networking opportunities, such as attending seminars and joining professional associations, to gain insights and advance your career. Seek practical experience through internships with IP law firms to gain hands-on exposure to real cases and client interactions.

    Lastly, stay curious and hungry in your learning journey, adapting to new technologies and trends to succeed in this dynamic and interdisciplinary field. By staying curious and continuously seeking opportunities to learn and grow, fresh law graduates can position themselves for success in this rewarding and intellectually stimulating area of law.

    Get in touch with Paridhi Tyagi-

  • “By maintaining open communication channels and fostering a culture of compliance within the organization, I have been able to strike a balance between these sometimes conflicting priorities”- Divya Chandrasekaran, Founder, iPACT LEGAL

    “By maintaining open communication channels and fostering a culture of compliance within the organization, I have been able to strike a balance between these sometimes conflicting priorities”- Divya Chandrasekaran, Founder, iPACT LEGAL

    This Interview has been published by Pragya Chandni and The SuperLawyer Team

    Can you share with us your journey from law school to becoming a seasoned counsel, highlighting some pivotal moments or experiences that shaped your career path?

    My journey from law school to becoming a seasoned counsel has been quite an adventure! There were many pivotal moments and experiences that have helped shape my career path. Starting as a trainee in a top law firm, I learned the ropes from my seniors in the corporate team. I remember feeling a bit intimidated at first, but they were so supportive and patient with me, which really helped me grow and develop. Moving to the Intellectual Property team allowed me to handle huge IP portfolios and gain experience with national and international filings and directly managing the clients. It was quite a challenge, but I loved it! Transitioning to in-house counsel roles at large FMCG and pharmaceutical companies provided me with the opportunity to delve into the business side of legal practice, which was really fascinating. These experiences have been instrumental in shaping my approach to legal practice and have helped me develop a unique perspective that combines legal expertise with a deep understanding of business dynamics.

    You’ve had a diverse range of experiences, both in law firms and in-house roles. How have these different environments contributed to your skill set and approach to legal practice?

    Yes, while starting my own firm was always on the radar, I wanted to be well-prepared and well-equipped for that and I felt it is important to have sufficient experience in Firms and in-house roles for holistic professional growth. Working in both law firms and in-house roles has really helped me develop a well-rounded skill set and approach to legal practice. In law firms, I honed my legal knowledge and expertise in understanding the intricacies, and the art of handling clients, while in-house roles allowed me to gain a broader perspective on the intersection between law and business. It’s been really interesting to see how the two sides of the legal profession work together to achieve common goals. This combined experience has been my USP that sets me and my firm apart. The blend of these experiences has helped me develop a strategic and practical approach to legal practice, where I am able to not only provide sound legal advice but also offer valuable insights on how legal considerations can impact business outcomes.

    As a strategic partner for organizations, you’ve been involved in business development and advising on key initiatives while ensuring risk mitigation and compliance. Could you elaborate on how you balance these sometimes conflicting priorities?

    Balancing business development, risk mitigation, and compliance can be quite challenging at times. As a strategic partner for organizations, my approach is to prioritize risk mitigation and compliance while also supporting key initiatives that drive business growth. This often involves conducting thorough risk assessments, collaborating closely with stakeholders, understanding the practical challenges and pain points, and proactively identifying potential legal issues. By maintaining open communication channels and fostering a culture of compliance within the organization, I have been able to strike a balance between these sometimes conflicting priorities. As a thumb rule, I ensure that Compliance and adherence to Law in its Letter and Spirit is pivotal for the sustainable and scalable growth of any Organisation and as the Legal Counsel, it is one’s responsibility to guide the management of the Companies in the right direction.

    Throughout your career, you’ve been involved in negotiating, vetting, and drafting high-stake contracts. Can you share any strategies or approaches you’ve found particularly effective in these processes?

    Negotiating, vetting, and drafting key contracts is something I Love and am always excited about! But over the years, I’ve developed some effective strategies and approaches that have helped me in these processes. One of the most important things is to thoroughly understand the needs and objectives of both parties involved in the contract. This allows me to tailor the contract terms accordingly and ensure that everyone’s needs are met while complying with all statutory requirements. Additionally, maintaining clear communication throughout the negotiation process, paying attention to detail, and seeking input from relevant stakeholders can help ensure that the final contract accurately reflects the agreements reached by both parties. Another crucial aspect is to interact with the respective department which deals with that particular project, to understand the background, the practical challenges, and the probable risks while drafting, reviewing, or negotiating a water-tight and robust contract. Lastly, following red-lining etiquette and ensuring that you have proper and valid reasoning and rationale for every change made, accepted or rejected is the most effective strategy and art of vetting and negotiating a contract.

    Given your experience in supporting business development projects and signing commercial contracts with partners across various regions, what are some challenges you’ve faced in navigating international legal landscapes, and how have you overcome them?

    Navigating international legal landscapes can present unique challenges due to differences in laws, regulations, language barriers, and business practices across regions. To overcome these challenges, it is crucial to conduct comprehensive research, seek local legal expertise when needed, and establish strong working relationships with local partners. By staying informed about international legal developments and adapting to the cultural nuances of different regions, I have been able to effectively navigate complex legal landscapes and support business development projects across various regions including APAC, AFMET, CIS, LATAM, US, UK and Japan. Yet another major challenge in cross border deals and the most negotiated clauses would be the jurisdiction, dispute resolution and applicable law clauses. The Company and counsels, before deciding on the jurisdiction and applicable laws, have to factor in various aspect such as the costs involved in dispute resolution in a jurisdiction, the practicality of adherence to foreign laws, the risks involved and how stringent/lenient the laws of such country are with respect to the subject matter. 

    There have been interesting instances where some foreign counsels deleted or modified clauses saying it is not in line with their laws, and when we delved deep and tried to understand their laws, it was not the case. Hence while working on cross-border deals, it is important to not just go by the other Party’s interpretation of laws, but personally verify it from our end, either in-house or by seeking local expertise in those countries. 

    Your role has also involved working with cross-functional teams across multiple departments. How do you ensure effective communication and collaboration in such diverse settings?

    Absolutely! The key to successful outcomes in diverse settings is to prioritize open and transparent communication. I actively seek input from all departments involved in a transaction and encourage a collaborative work environment. By fostering a culture of mutual respect and shared goals, I have been able to facilitate effective teamwork and drive successful outcomes across multiple departments. Additionally, I make sure to take approvals, denials, or comments from cross-functional teams in writing and ensure that all stakeholders/relevant departments are marked in such communications to allow other stakeholders to raise any concerns or discussions if any. If it is an oral discussion, I send out the Minutes of the Meeting. This helps ensure that all discussions are recorded and can be referred to later if needed.

    Mentorship and team development seem to be important aspects of your leadership style. Could you share some insights into how you nurture talent within your team and promote their professional growth?

    Yes, I truly believe in nurturing talent within my team by providing opportunities for professional growth and development. I set clear expectations, offer constructive feedback, and empower team members to take on new challenges. Allowing and encouraging the team members to take ownership of every single task they handle, not just gives them confidence, but also makes them accountable for their assignments. Instead of giving them the answers, I tell them how to find the solution. This helps them handle any situation even in my absence and makes them better professionals. Having regular team meetings and brainstorming sessions has helped the team handle their workload meticulously and be abreast of the laws. I also believe in being open to feedback and constructive criticism, as it helps me and my team grow professionally. As Lawyers, it is important that we agree to disagree!

    Looking back at your journey, what advice would you offer to fresh law graduates who are about to embark on their own careers in the legal field?

    I would advise fresh law graduates to invest in continuous learning and professional development to stay abreast of legal developments and industry trends. 

    While it is easy to generate opinions or contract drafts using AI, it is important that every document is drafted meticulously and one understands the rationale behind every line that goes into a contract/document and mastering the art of interpretation. While AI is an effective tool that helps you work smart, it should not be a replacement for your hard work. Mere copy-pasting of language can land up being more dangerous and expensive than one can imagine. 

    Seek mentorship and guidance from experienced legal professionals to gain valuable insights and perspectives. No doubt is a silly doubt, never refrain from asking questions or getting clarification.

    Build strong relationships with colleagues, clients, and industry peers to expand your network and opportunities for growth. Embrace challenges and opportunities for growth, as they provide valuable learning experiences that can shape your career path. 

    Above all, approach your legal career with passion, dedication, and a commitment to excellence in all that you do. All the very best!

  • “With each appearance before diverse Courts and Tribunals, I find myself enriched by the unique experiences offered by each legal arena”- Sanjay Sethiya, Managing Partner at Law Square Advocates & Solicitors

    “With each appearance before diverse Courts and Tribunals, I find myself enriched by the unique experiences offered by each legal arena”- Sanjay Sethiya, Managing Partner at Law Square Advocates & Solicitors

    This Interview has been published by Pragya Chandni and The SuperLawyer Team

    Can you walk us through your journey and tell us how you decided to pursue a career in law, especially focusing on Commercial and IP Litigation, Arbitration, Corporate and Real Estate Advisory?

    As I embarked on the journey of establishing my legal career, I found myself drawn to the realm of law despite originally intending to pursue the family business. My initial exposure to the legal field occurred when I commenced my law degree in 2003, prompted by a desire to defer an early arranged marriage proposed by my family for my entry into the business fold. During this time, a fortuitous encounter with a respected Advocate specializing in Commercial and Real Estate law, facilitated by a Chartered Accountant friend of my Mother, shaped my trajectory. The warm reception I received in their Chambers led to an extended internship spanning ten semesters, where I balanced academic pursuits with practical learning, immersing myself in the intricacies of Commercial and Real Estate law.

    Upon qualifying as an Advocate in 2008, my focus shifted towards Corporate Law, prompting my apprenticeship under a Senior Advocate renowned for their expertise in various legal domains, including Arbitrations, Intellectual Property Laws, and beyond. By 2013, when I established my independent practice, I had garnered extensive experience across diverse legal disciplines, ranging from Commercial and IP litigation to Arbitration and Real Estate and Corporate Advisory. These formative years were marked by tireless dedication, often spanning from early morning till late at night within the chambers of my mentors.

    During this period, my passion for law deepened as I delved into the jurisprudential insights offered by the Law Journals of the Supreme Court of India and various High Courts. It was during one such exploration that I encountered the seminal case of Malikchand v. Manikchand trademark dispute. This serendipitous discovery paralleled a client’s approach seeking resolution for a trademark infringement matter, igniting my fervor for Intellectual Property law. Immersing myself in the intricacies of Trademarks Law, particularly pertaining to Passing off and Infringement, I successfully navigated the legal complexities, laying the groundwork for subsequent triumphs in IP litigations. This initial success propelled me towards establishing a robust IP practice, encompassing not only litigation but also registration services, thus allowing me to cultivate a multifaceted IP portfolio.

    As my practice evolved, my vision expanded towards establishing a full-service firm, catering to a diverse array of legal needs, encompassing Commercial and IP litigation, Arbitration, Real Estate, and Corporate advisory.

    As the Managing Partner at Law Square, can you share some insights into the challenges you face in managing a law firm with associate offices across multiple cities in India?

    As the Managing Partner at Law Square, overseeing operations across our associate offices spanning multiple cities in India presents a myriad of challenges. While our headquarters in Bangalore serves as our primary base, our status as a full-service law firm engenders a broad spectrum of cases, including appeals destined for the esteemed chambers of the Supreme Court of India. Furthermore, our specialization in IP litigation frequently necessitates our involvement in matters before the Delhi High Court, prompting the establishment of an associate office in Delhi helmed by a seasoned Advocate on Record. This strategic arrangement enables seamless collaboration between our Bangalore team and our counterparts in Delhi, with periodic travel to the capital for court proceedings.

    Similarly, navigating banking arbitration disputes, predominantly situated in Mumbai, demands a tailored approach, necessitating the deployment of resources from our Mumbai associate office. The complexities of appearing before tribunals such as the NCLAT in Chennai and the IP office in the same city have been streamlined through the adoption of online hearing mechanisms, albeit not without initial challenges.

    The success of our Delhi model inspired replication in Mumbai and Chennai, each bolstered by dedicated teams poised to handle our caseload under the guidance of our Bangalore office. Despite the logistical demands of traversing multiple cities, the intrinsic satisfaction derived from our work mitigates the perceived challenges, reaffirming our commitment to delivering excellence in legal services.

    With your extensive experience appearing before various courts and tribunals, what do you find most rewarding about your practice in dispute resolution and arbitration?

    With each appearance before diverse Courts and Tribunals, I find myself enriched by the unique experiences offered by each legal arena. Whether it’s the art of case presentation, the distinct personas of fellow legal practitioners, or the varying standards of preparation, every setting presents its own tapestry of challenges and nuances. In Delhi, legal practitioners are characterized by their assertiveness and acumen, while Mumbai advocates exhibit remarkable agility and efficiency. Meanwhile, in Chennai, a culture of erudition prevails, reflecting in the meticulousness of legal discourse. Despite the inherent disparities, the ultimate satisfaction in dispute resolution and arbitration lies in transcending these differences and achieving the desired outcomes against all odds. This sense of accomplishment amidst adversities is truly gratifying and serves as a testament to the resilience and efficacy of our legal practice.

    Your involvement in pro-bono initiatives is commendable. Could you tell us about a particularly impactful case or project you’ve worked on through JITO or TPF?

    In my capacity as the Legal Cell Convenor of TPF, we conceived and executed a ground breaking initiative termed ‘TPF Paramersh’. This innovative program utilized a WhatsApp Chatbot platform to facilitate individuals in posting their legal queries, subsequently addressed by a collective of legal experts affiliated with TPF. The swift turnaround time of 1-2 days ensured prompt and accurate legal opinions, catering particularly to the marginalized and those grappling with minor legal quandaries often overlooked. This endeavour has significantly impacted over 10,000 individuals, furnishing them with invaluable legal insights free of charge, thereby bridging a crucial gap in access to justice.

    Similarly, within JITO, our commitment to pro-bono endeavours manifests through a series of legal awareness seminars. These seminars convene distinguished speakers from diverse legal and business domains, delivering insights on pertinent legal topics essential for navigating the complexities of contemporary legal landscapes. Through such initiatives, we endeavour to empower our community with the requisite knowledge and preparedness to thrive in an ever-evolving legal environment.

    Your publications and presentations on legal education and IP laws are quite notable. What inspired you to contribute to legal literature and share your knowledge through speaking engagements?

    My engagement with TPF and JITO has been instrumental in moulding both my professional trajectory and personal ethos. Through my involvement in pro-bono activities within these platforms, I became acutely aware of the pressing need to disseminate crucial legal knowledge to a wider audience. This realization served as a catalyst for me to extend beyond the confines of seminars and delve into the realm of legal literature and public speaking. Consequently, I embarked on a journey of crafting scholarly articles and delivering insightful presentations across various academic institutions, legal circles, and esteemed social and business forums.”

    How do you see the landscape of intellectual property laws evolving in India, and what challenges do you anticipate for businesses in this regard?

    In recent years, the landscape of intellectual property (IP) laws in India has experienced a notable expansion, characterized by a heightened societal awareness regarding the significance of protecting intangible assets. Businesses spanning from burgeoning start-ups to established enterprises now demonstrate a heightened consciousness regarding the imperative of safeguarding their intellectual property. India, in response, has undertaken substantial strides, aligning its IP regulatory framework with global standards and leveraging technological innovations to streamline the registration processes. Moreover, legislative reforms have been enacted to accommodate the evolving dynamics of the digital age.

    However, amidst this commendable progress, the emergence of artificial intelligence (AI) represents a potent challenge to conventional IP paradigms. The intersection of AI with copyright and trademark laws poses intricate questions regarding the attribution and ownership of intellectual creations, spanning from literary works to artistic expressions and brand identities. The rapid pace of AI development underscores the need for a nuanced understanding of its implications on intellectual property rights. Consequently, the legal terrain surrounding AI-driven innovations remains largely uncharted, fostering potential disputes and contentions over ownership claims and regulatory frameworks.

    Could you shed some light on the role of alternative dispute resolution methods like arbitration in easing the burden on traditional court systems, especially in complex commercial disputes?

    The introduction and advancement of Alternative Dispute Resolution (ADR) mechanisms, particularly arbitration, have significantly alleviated the strain on traditional court systems, particularly in the realm of complex commercial disputes. The amendments to the Arbitration and Conciliation Act in 2015, which imposed time-bound procedures, have substantially enhanced the efficacy of arbitration proceedings in India. This regulatory overhaul has not only expedited the resolution process but has also rendered arbitration a cost-effective alternative to traditional litigation.

    In the sphere of commercial disputes, where intricacies abound, arbitration offers a bespoke framework tailored to the specific needs of the parties involved. The flexibility inherent in arbitration proceedings allows for tailored procedures, expert adjudication, and confidentiality, thereby fostering a conducive environment for resolving complex disputes efficiently and effectively. Furthermore, the Indian judiciary has consistently upheld and endorsed the use of arbitration as a preferred method for dispute resolution, evident in a plethora of judicial pronouncements.

    The judiciary’s proactive stance towards promoting ADR mechanisms, coupled with legislative amendments aimed at streamlining arbitration procedures, has bolstered confidence in the arbitration process. These measures have not only reduced the backlog of cases burdening traditional court systems but have also instilled a sense of trust and reliability in the efficacy of arbitration as a viable avenue for dispute resolution.

    Overall, the symbiotic relationship between traditional court systems and arbitration serves to enhance access to justice, foster commercial certainty, and promote a conducive business environment conducive to economic growth and prosperity.

    Finally, considering your extensive experience and achievements, what advice would you offer to law graduates aspiring to build successful careers in the legal field, particularly in the areas you specialize in?

    To aspiring law graduates, I wholeheartedly promote litigation as a preferred path in their legal careers. While the initial years may pose challenges, with meagre salaries and rigorous demands, the field holds boundless opportunities for growth and fulfilment in the long run. Upon completion of their legal education, I urge students to seek apprenticeships in chambers renowned for fostering a culture of flexibility, continuous learning, and hands-on experience. Seizing the opportunity to appear in court proceedings, law graduates should dedicate themselves to mastering the intricacies of the law within stipulated time frames, thereby laying a solid foundation for their professional journey.

    Success in this profession, I believe, is predicated on dedication, hard work, consistency, humility, and integrity, virtues that one accrues and refines over time. Unlike the immediate financial rewards of non-litigation corporate practice, the gratification derived from winning a legal battle before a court of law and witnessing the joy on a client’s face is unparalleled. Patience, persistence, and perseverance are paramount in this profession, for there are no shortcuts to enduring success.

    As law graduates progress in their careers, they should remain open to continual refinement and adaptation to meet the evolving demands of the legal landscape. By embodying these principles and committing to a path of lifelong learning and growth, individuals can ascend to unparalleled heights of achievement and fulfilment within the legal profession.

    Get in touch with Sanjay Sethiya-