Tag: IP Law

  • “It’s essential to grasp the intricacies of a client’s business, their specific needs and to accordingly offer tailored solutions”- Dhruv Grover,IP Litigation Attorney at Shardul Amarchand Mangaldas & Co.

    “It’s essential to grasp the intricacies of a client’s business, their specific needs and to accordingly offer tailored solutions”- Dhruv Grover,IP Litigation Attorney at Shardul Amarchand Mangaldas & Co.

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

    Could you please walk us through how you initially decided to pursue a career in law, and what motivated you to specialize in Intellectual Property (IP) Litigation?

    As a first-generation lawyer, I leaned heavily on mentors to guide my path. Initially, my academic inclination was towards science during my 11th and 12th standards. However, an unexpected meeting with a seasoned lawyer (who turned out to be my first mentor in the field) at a family gathering shifted my perspective. He illuminated me on the vast horizons and multifaceted opportunities that were offered by the legal profession (beyond its cliché portrayal in popular media).

    While law school introduced me to a plethora of intriguing subjects, it was Intellectual Property (IP) that resonated the most with me. A defining moment came during an internship when a senior partner posed a thought-provoking question: “Why specialize in IP?” My response: “If it is not new or novel, it is not IP and if something is new or novel on every turn, it is always interesting and worth specializing in”.

    Further fuelling my interest were dedicated professors, particularly in IP and CPC, who recognized and nurtured my enthusiasm. Their encouragement and insights solidified my decision to specialize in IP Litigation.

    Your career has taken you through notable firms like Remfry & Sagar, Khurana & Khurana, and now Shardul Amarchand Mangaldas. Could you share the pivotal moments and experiences that shaped your journey in the field of IP law?

    Every step in my career, from drafting my first legal notice to my first court appearance, has been a significant learning opportunity. One particularly memorable matter involved a client alerting us about an imminent shipment of counterfeit goods destined for India within just two days. The urgency of the situation warranted immediate actions: identifying the shipment, liaising with Indian Customs offices, and swiftly filing a lawsuit seeking injunctive relief in Court. Those intense 48 hours, while challenging, imparted invaluable lessons in handling time-sensitive IP matters.

    Working at a full-service law firm like Shardul Amarchand Mangaldas has further enriched my professional journey by providing me an opportunity to work and interact with experts from diverse legal domains. This experience has further honed my ability to perceive and cater to client’s expectations from a holistic standpoint.

    Having handled diverse aspects of IP, from drafting pleadings to appearing before various courts and tribunals, what aspects of your work do you find most challenging and rewarding in the realm of IP litigation?

    Legal profession is a continuous journey filled with multiple learning opportunities. Reflecting on my early internship days, I recall discovering quicker methods to navigate court files during time-sensitive situations. Drafting intricate pleadings in complex cases was initially daunting during my early professional years. I vividly remember the apprehension of my first solo court appearance; the nerves were palpable. However, with each challenge encountered, I recognized them as important learning milestones that made me the lawyer I am.

    In the realm of litigation, the most rewarding moment is undoubtedly when a favourable order is pronounced. All the hard work and preparation culminating in a successful result is profoundly gratifying.

    Your profile mentions engagement in business development activities, including client meetings and conferences. How do these activities contribute to your professional growth, and what role do they play in enhancing your practice in IP litigation?

    Engaging directly with clients through meetings and conferences is fundamental in any client-centric profession. It’s essential to grasp the intricacies of a client’s business, their specific needs and to accordingly offer tailored solutions. Through these interactions, one can gain deeper insights into the challenges clients face, especially in IP disputes.

    For example, while some clients might prefer a more diplomatic approach to resolve IP disputes through legal notices or mediations, others might seek immediate legal action to safeguard their IP, perhaps on account of the potential impact on their business. By actively participating in such engagements, one can better align their strategies and advisory to suit the unique requirements and preferences of each client, ensuring a more effective and personalized approach to IP disputes.

    You’ve conducted training sessions for clients on IP laws. Could you elaborate on the importance of client education in the field of IP and share any specific challenges you’ve encountered in helping clients navigate intellectual property issues?

    Often, the primary focus of clients is on business growth and revenue generation, sometimes overlooking the critical aspects of IP protection. For instance, we have often seen clients approach us to enforce their design registration, only to later discover that they’ve been using the design for years prior to filing the design application. In such cases, we have to inform them that their design registration might be vulnerable for cancellation due to prior self-disclosure. In these situations, design registration certificates may be nothing more than a toothless paper.

    This underscores the vital role of client education. By proactively educating clients about the nuances of IP and the associated timelines, one can prevent potential pitfalls. It’s essential for businesses to recognize that robust IP protection is integral to their long-term success.

    You’ve appeared before various specialized tribunals and high courts in India. How does your approach differ when dealing with IP matters in these forums compared to more traditional court settings, and what skills do you consider crucial for success in such specialized areas?

    In specialized IP forums, there’s a heightened awareness and appreciation for the technicalities revolving around the field of IP, which often results in more streamlined communication and understanding of complex issues. This environment is conducive for IP practitioners, making it important for them to remain updated with the latest developments in the IP landscape. Unlike traditional court settings, specialized forums demand a deep understanding and familiarity with both domestic and international IP trends. Therefore, staying abreast of advancements in IP not only enhances an IP lawyer’s credibility but also equips them to leverage the unique opportunities presented by these specialized forums.

    Your academic achievements include gold medals, debate/moot wins, and publications. How has your academic background contributed to your success in the legal profession, particularly in the specialized field of IP law?

    During my time in law school, every academic experience was crucial for learning skills that are requisite for becoming a successful lawyer. Participating in debates and challenging moot court sessions didn’t just help me in honing my oratory skills but also taught me how to work in a team. On the other hand, writing research papers on interesting IP topics deepened my understanding of the subject at a jurisprudential level. 

    While I didn’t realise it then, each activity wasn’t just an academic exercise or an assignment, it was a step towards understanding the legal world that was awaiting after 5 years of law school.

    Drawing from your experiences, what advice would you like to share with law graduates who are just beginning their careers, especially those interested in pursuing a specialization in IP law? Are there any lessons or insights you wish you had known when you started your journey?

    Of late, IP practice has become more lucrative and is attracting numerous law graduates to specialize in this domain. While the rewards of this practice are undeniable, I believe it is important for law students and young professionals to determine if the subject truly resonates with them. Engaging in IP internships or dedicating time to study and write about IP can offer some clarity in this regard.

    Reflecting on my early days in the IP practice, I recall focusing all my energy in understanding the developments in and around the field of IP. While this approach enhanced my understanding of the subject, I inadvertently overlooked developments in fields outside of IP. Over time, I realized the value of maintaining a balanced perspective, acknowledging that while specialization requires depth, a holistic understanding of law across domains is invaluable. 

    Get in touch with Dhruv Grover-

  • Handling intricate matters of Family Law, especially matrimonial disputes, demands a high  degree of sensitivity, discretion, and compassion- Mitali Arora, Founder of MAK Law Firm

    Handling intricate matters of Family Law, especially matrimonial disputes, demands a high degree of sensitivity, discretion, and compassion- Mitali Arora, Founder of MAK Law Firm

    This interview has been published by  Priyanka Karwa and The SuperLawyer Team

    Could you please share your journey and the pivotal moments that led you to pursue a career in Intellectual Property Rights and Corporate Law, especially considering your diverse experience and background?

    I am a first-generation lawyer and belong to a through and through business oriented family.  So it would be fair to say, Business instinct runs in my genes. My journey in law began with a  genuine passion for understanding the intricacies of business and innovation. Throughout my  educational years, I was deeply intrigued by how businesses evolve, and the role intellectual  property plays in safeguarding creativity and fostering innovation. Those formative years  allowed me to delve deep into the nuances of Intellectual Property Rights. It’s not just about  trademarks or patents; it’s about safeguarding the very essence of an individual’s or a  corporation’s innovative spirit.  

    Corporate Law, on the other hand, appealed to my analytical side. It provides a framework for  businesses to operate, grow, and expand. I was particularly interested in how businesses  navigate the complex regulatory landscape, make strategic decisions, and ensure compliance  while still being competitive and innovative. Over the years, with my diverse experience, I’ve  come to appreciate the nuances, the intricacies, and the beauty of both these fields. They might  seem poles apart for some, but to me, they are two sides of the same coin – both essential for a  business’s growth and protection. 

    How has your global academic exposure shaped your perspective and approach in  law? 

    Pursuing my education from the University of Torino and WIPO was a transformative  experience that deeply influenced my approach to the legal landscape. The University of  Torino, with its rich academic traditions and its location in Italy—a hub of art, culture, and  innovation—offered a profound understanding of the historical and contemporary nuances of  IP law. This foundation was complemented by WIPO’s expertise, which is the Mecca of IP.  The synergy of these two esteemed institutions offered a unique blend of academic rigor and  practical insights into the global IP landscape. 

    Interacting with a diverse group of peers, professors, and industry experts, I gained a holistic  view of legal frameworks across various jurisdictions. This experience not only sharpened my  technical acumen but also cultivated a global perspective in me. Today, when I advise clients  or engage in multifaceted legal cases, I frequently draw upon this reservoir of international  knowledge, ensuring that the counsel I provide is both globally informed and locally pertinent. 

    In fact, this was not just an academic endeavor; it was an opportunity to be part of a global  community of legal professionals. This rich network that I cultivated during my L.L.M has  since become an invaluable asset in my practice back in India. With this international network  at my fingertips, I can confidently assist and represent my clients on a global stage. It ensures  that they receive not only locally tailored advice but also benefit from a wealth of international  insights and collaborations. 

    What prompted you to start your own journey and launch your Firm in 2019?  

    After years of working in the bustling legal environment of Delhi, life took an unexpected turn  and led me to relocate to Dehradun in 2019, owing to personal circumstances. Having been  deeply rooted in a corporate framework for most of my career, I felt a distinct void in  Dehradun’s legal landscape. Rather than viewing this shift as a setback, I saw it as an 

    opportunity – a chance to create the very ecosystem I thrived in. It was a confluence of this  need, my passion, and years of experience that drove me to establish MAK LAW. Launching  my own firm wasn’t just about continuing my profession; it was about recreating the dynamic  environment I was so accustomed to and contributing to the legal community in Dehradun. 

    Although launching it single-handedly, especially as a first-generation lawyer, presented its  own set of unique challenges, I was not alone in this journey. The wonderful support and  guidance of my family, friends, colleagues, mentors, and even my professors were instrumental  in helping me take this bold step. Every challenge faced, every hurdle overcome, served to  solidify the foundation of MAK LAW, making it the reputable law firm it is today.  

    Could you shed light on some of the most significant cases you’ve handled, and the  complexities or challenges they presented? 

    Among the cases that deeply resonate with me, the one involving a seasoned Silicon Valley  professional with over three decades of experience, engaged our firm in a multi-faceted case  encompassing violation of contractual obligations, IP infringement, and theft of intellectual  property between his company and two other entities. 

    The case was particularly challenging due to its international scope, requiring adept handling  of both Indian and US laws. However, what sets this case apart was not just the complexity but  also the swiftness with which it was resolved. Within a mere span of two months since  initiation, we managed to settle the case for an impressive amount of 200 million dollars against a prominent US company. Achieving such a settlement in a short time frame was a testament  to our meticulous strategy, transparent communication, and relentless pursuit of our client’s  best interests. It’s cases like these, where the stakes are high and the complexities manifold,  that truly underscore the essence and importance of the legal work we do at MAK LAW. 

    You also practice Family Law along with IPR and how does that intersect in your  practice, and what inspired your involvement in both areas? 

    In my practice at MAK LAW, I’ve had the privilege of delving deeply into both Intellectual  Property Rights (IPR) and Family Law. While they might seem worlds apart to many, I  approach them with equal commitment and passion. My foray into Family Law began  organically, initially assisting on pro bono cases and extending a helping hand to friends and  family. Over time, this transformed into a specialized vertical within our firm. 

    Handling intricate matters of Family Law, especially matrimonial disputes, demands a high  degree of sensitivity, discretion, and compassion. At MAK LAW, we’ve tackled some of the  most challenging familial disputes, always prioritizing the well-being of the aggrieved parties.  Being a woman-led firm, I’ve emphasized an approach that is empathetic, yet ensures fairness,  striving to offer relief without any gender bias. We are known to have settled family disputes  effectively in shorter spans than the usual legal scenarios.  

    What are the challenges you faced while floating your own law firm and how has that  journey been for you? 

    Launching MAK LAW was both a dream realized and a massive challenge, especially as a  first-generation lawyer. Establishing a new law firm in a market already populated with well entrenched firms was not easy. I was resolute that MAK LAW would not just be another firm 

    but would stand for ‘Legal insight. Business instinct’. Our initial struggles ranged from  convincing potential clients to entrust their legal matters to a relatively new firm was a hurdle.  However, our emphasis on strong relationships and transparency gradually solidified our  reputation in the market. The most difficult to handle was personal pressure: Being at the helm  meant my successes were the firm’s successes, but so were my failures. The weight of  responsibility, especially in the initial years, was immense. 

    Despite these challenges, the journey has been immensely rewarding. Each time we win a case,  we win a client’s trust, and we solidify our base automatically. The testimonials from satisfied  clients have been constant reminders of why I embarked on this journey. It has truly been a path paved with lessons, growth, and sheer hard work. 

    Given your background and expertise, what do you believe are the most significant  challenges and opportunities in the field of Intellectual Property Rights and Corporate  Law today, and how do you see it evolving in the future? 

    At MAK LAW, we pride ourselves on navigating the complex arenas of IPR and Corporate  Law with meticulous precision and dedication. That said, practicing these domains hasn’t been  without its challenges. With technology evolving at a lightning pace, keeping up with IPR  changes to safeguard digital creations and inventions has been a continuous effort. Especially  in fields like AI, IoT, and blockchain, where the line between innovation and IP often blurs. 

    Representing clients with global portfolios has meant grappling with diverse IPR laws across  countries. Each jurisdiction has its nuances, making it essential to continuously update our  knowledge. On top of that, the digital age, while presenting opportunities, has also been a  breeding ground for copyright and trademark infringements. Monitoring digital platforms and  swiftly acting against violations remains a consistent challenge. Especially in M&A or joint  ventures, ensuring IP assets are correctly valued, transferred, or protected can be intricate. 

    It’s a delicate balance of safeguarding IP while also looking at the broader corporate picture. I  envision the realms of IPR and Corporate Law becoming even more intertwined in the future.  As businesses increasingly rely on their IP assets for growth, corporate strategies will need to  be framed with IP protection and monetization at their core.  

    In future, I foresee an increased emphasis on digital IP rights, sustainable business practices,  and more collaborative, international legal frameworks to address the challenges posed by a  globalized business environment. We are continually preparing and adapting for this future,  ensuring we remain at the forefront of these evolutions. 

    Finally, what is your Advice for aspiring law graduates stepping into the legal world? 

    For those stepping into the legal world, my advice is multifaceted – 

    – Stay curious, passionate and keep pace with the evolving legal landscape – in short read, read and read the relevant laws and new developments, especially in the world of  Artificial intelligence – create your niche.  

    – Building and cherishing relationships should be paramount; they are as invaluable as  your legal skills.  

    – Engage in continuous internships, stay actively connected with your alumni, and  network diligently. Especially for first-generation lawyers, embrace every opportunity  and task, no matter how daunting.  

    – Additionally, never underestimate the importance of your academics and participation  in moot courts. They provide the foundational bedrock upon which you’ll build a  successful legal career.  

    Remember, in this profession, the combination of a solid academic base and a strong network often determines your net worth. While at it, please also remember to have fun – this profession is already notorious for being taxing!

    Get in touch with Mitali Arora

  • You need a lot of patience, hard work and zeal but later on in your career, you reap the results of the hard work put in the initial years of your career- Prateek Kumar, Co-Founder & Partner at Chambers of Jain & Kumar

    You need a lot of patience, hard work and zeal but later on in your career, you reap the results of the hard work put in the initial years of your career- Prateek Kumar, Co-Founder & Partner at Chambers of Jain & Kumar

    This interview has been published by  Priyanka Karwa and The SuperLawyer Team

    Can you please share the story of what initially drew you to pursue a career in law? Was there a particular moment or experience that ignited your interest in this field?

    To begin with, I had no one in my family who was a lawyer or who I could look up to for guidance in terms of a legal career. I’m a first generation lawyer who like most regular students was preparing for engineering at a point in time. It was only in class 12 when I realised that subjects such as Physics, and chemistry which were necessary for engineering were not my cup of tea. After finishing school, I just got an inkling towards Law so I started preparing for law entrance exams and happened to clear the entrance of IP University with a good rank so I decided to pursue B.A. LLB (H) from Amity Law School affiliated with IP University which was back then one of the top law colleges for pursuing law in India. And to this day, my passion in the field has grown every day striving to be the best in the field.

    Your academic background shows a diverse range of legal coursework, from Criminal Law to Intellectual Property Rights. What led you to explore such a broad spectrum of legal disciplines during your education?

    Throughout Law School, I had an inclination towards Intellectual Property Rights (IP). One of My internships during law school was at K&S Partners which is a boutique IP firm.

    My internship at K&S laid the foundation of my interest towards IP by understanding the importance of the protection of IP in today’s era. Thereafter, I mostly interned in the field of IP in firms such as Lall and Sethi, Sai Krishna & Associates and Indus Law wherein, I got the opportunity to learn from some of the stalwarts in the field of IP. The experience gained during law school in the field of IP helped me secure a job at Lall Lahiri Salhotra (LLS) in their trademarks team where I learnt about the intricacies of Trademarks Law. However, I soon figured that this could not be my only area of practice and that my exposure could not be limited to the Trademark Registry. That in turn made me realise that I also need to explore other areas of law and especially litigation. I always had the zeal of appearing and arguing in court but being a first generation lawyer there was always an apprehension in the back of my mind about succeeding in litigation without any backing in the field whatsoever. After working at LLS for a year, I came across an opportunity at the Chambers of Mr. Sanjeev Bhandari (Former Special Public Prosecutor for CBI in Delhi High Court). I felt this was the right opportunity that would help me expand my horizon in law. Thereafter I was interviewed and I secured a job at his Chambers.

    You’ve been actively involved in organizing legal awareness programs and events like the 1st National Debate Competition on ‘Rights of Homosexuals and the LGBTQ community.’ Could you tell us how these experiences influenced your perspective on the legal profession?

    My college life at Amity Law School was very theoretical and not very vocational. Soon I realised that I would need to participate in other events as well to broaden my horizon and exposure in law. In the first year, I reluctantly participated in the mandatory moot court competition where I was selected as an extra candidate in case anyone in the first fifteen backed out.

    That competition made me realise the importance of extracurricular events in law students ‘ lives. Thereafter, I participated in the 1st National Debate Competition on ‘Rights of Homosexuals and the LGBTQ community.’ Not only were the panellists some of the top names in the field of law but when I dwelled on the insights shared at such events, I realised that law is more than just the curriculum that we were studying. The objective of law is to take everyone’s interest into account without any bias to secure everyone’s rights. Later, in my practice, I keep that at the back of my mind while dealing with cases especially involving the marginal sections of society in mind.

    Transitioning from your educational journey to professional experience, you’ve represented clients in various legal domains, including criminal trials, insurance claims, and intellectual property disputes. What motivated you to choose this diverse range of legal work?

    My first job in the field was working as a contract consultant with Ernst and Young which was a direct college placement. It was a short stint that gave me a great insight into contract vetting and more importantly, that made me understand corporate culture which has been pivotal for me to deal with my clientele at Chambers of Jain and Kumar. Thereafter, at LLS working for MNCs, I understood the importance of right advisory, diligence and prosecution in the quest to protect their IP. Thereafter, at the same time, I also started feeling the need to broaden my horizon in law and not limit my scope to just Intellectual property rights so early in my career. Later working in the Chambers of Mr. Bhandari, provided me with a solid platform to learn about the complexities of white-collar crimes and banking laws from one of the best in the field. More importantly, I learnt the art of arguing in court and the importance of court craft while representing your Client’s brief.

    The three jobs provided me with diverse experience to start my practice by the name of Chambers of Jain and Kumar with my other two partners Ms. Aarushi Jain and Mr. Yojit Pareek. We started this practice to build a full service law firm that could cater to all areas and aspects of law. Luckily, all three of us had different areas of practice coming from diverse practice backgrounds. I spearhead the litigation team in the firm wherein I represent MNCs, Corporates and Individuals in all domains of law in foras across the country up until the Supreme Court. The USP of our firm is to provide one stop solutions for all legal needs under one roof.

    During your tenure at the Chambers of Mr. Sanjeev Bhandari, you were involved in complex litigations pertaining to a wide range of legal acts and codes. How did this experience shape your understanding of the intricacies of Indian law?

    I owe a lot of my understanding of law to Mr. Sanjeev Bhandari. While assisting Mr. Bhandari, I was the only junior in his chambers. His Chambers provided me with the ideal platform to assist him in representing the Central Bureau of Investigation before the Delhi High Court in some of the most high profile cases in the country. That not only made me understand the optimal usage of time while preparing for a brief but also gave me the golden opportunity to appear against some of the stalwarts in the field. Also, with Mr. Bhandari being one of the leading counsels for banking law in Delhi, I got an opportunity to assist him in complex litigations before DRTs, High Courts and the Supreme Court.

    You’ve also worked as an Associate in the Trademarks Team at Lall Lahiri & Salhotra, focusing on intellectual property rights. How has this experience impacted your perspective on the importance of protecting intellectual property in today’s world?

    At Chambers of Jain and Kumar, one of our primary areas of Practice is IPR. In my tenure at LLS, while working on some of the well-known brands, I soon realised brand counterfeiting in India is a real issue that needs to be addressed. Today consumers in India with rising awareness relate to the brand and the quality that it brings along. However, to ensure that brand identity remains in place, the importance of IP in India has increased manifold in the last decade. In a developing economy such as ours, no small brand can become big without proper IP protection in place and no big brand today can survive without a good legal team that would advise on their prosecution, diligence and litigation.

    In addition to your legal work, you’ve been engaged in pro bono activities, offering legal assistance to those in need. Could you share some insights into the motivation behind your pro bono work and its significance in your legal career?

    We at Chambers of Jain and Kumar have a policy to do at least 5 pro bono cases every year. This goal was instilled in my mind back in time during my tenure with Mr. Bhandari working on criminal matters. On the criminal side in the Delhi High Court, I got the opportunity to observe cases of undertrials wherein I used to think in my head that if this particular aspect was presented in a better way, the results could’ve been different and therefore, probably better legal representation could’ve helped that person to protect his fundamental rights. This made me certain that at later stages of my career wherever possible I would try and represent the marginal section of society because law after all cannot be limited to people who can afford top lawyers. This was also one of the reasons that I applied for the Middle income panel on the criminal side of the Delhi High Court in my endeavour to achieve the goal of representing people who do not have the means but require quality legal support.

    Finally, based on your journey from education to your current role, what advice would you like to offer to fresh law graduates who are just starting their careers in the legal field? What key lessons or principles have you learned that you believe would be valuable for them to know?

    To all the first generation lawyers, one piece of advice that I always give is that the journey is difficult but it’s not impossible. You need a lot of patience, hard work and zeal but later on in your career, you reap the results of the hard work put in in the initial years of your career. Litigation is not only limited to drafting and arguing in court but knowledge and awareness of law plays a pivotal role. With laws changing every day in the form of new legislation and judgements, one has to keep abreast of whatever is happening daily and for that one must keep reading as much as possible to increase awareness which in turn helps to provide holistic advice to your Clients to represent your case in the best possible manner.

    Get in touch with Prateek Kumar-

  • The intersection of technology and law has been a recurring theme in my career, and it’s a space that continues to excite and challenge me- G.V. Anand Bhushan, Founder, Bhushan Rajaram, Advocates & Consultants

    The intersection of technology and law has been a recurring theme in my career, and it’s a space that continues to excite and challenge me- G.V. Anand Bhushan, Founder, Bhushan Rajaram, Advocates & Consultants

    This interview has been published by  Priyanka Karwa and The SuperLawyer Team

    Sir, could you please share with our listeners what initially inspired you to pursue a career in law and how you navigated your way to specializing in Corporate, Intellectual Property, Technology, Litigation, and Real Estate laws?

    Certainly, the journey to a legal career is often as varied as the individuals who undertake it. In my case, I stumbled upon the field of law somewhat serendipitously. Like many young lawyers of my generation, I wasn’t particularly inclined towards math or science. However, I had a deep-rooted fascination with technology—I even built my own computers and was an avid proponent of open-source platforms, particularly Linux.

    As fate would have it, my graduation coincided with two significant developments in the Indian tech landscape: the enactment of the Information Technology Act and the onset of a multi-decade growth spurt in the Indian technology industry. These events were not just pivotal for the sector but also set the stage for my own career trajectory.

    The legal challenges posed by the burgeoning tech industry were both complex and novel, offering a fertile ground for specialization. My affinity for technology naturally led me to focus on Corporate, Intellectual Property, and Technology laws. Over time, as I gained more experience and exposure, I expanded my practice areas to include Litigation and Real Estate laws as well.

    While my entry into the legal profession may have been somewhat accidental, the path I’ve carved within it has been intentional and guided by a combination of personal interests and market opportunities. The intersection of technology and law has been a recurring theme in my career, and it’s a space that continues to excite and challenge me.

    Over your impressive 20-year career, you’ve gained extensive experience in General Corporate, Projects, Technology, and Dispute Resolution. Could you highlight some of the key milestones or projects that have played a pivotal role in shaping your expertise and career trajectory?

    One must always remember that competition is fierce. There is terrific talent in the market in the next generation of lawyers. There’s a saying in private practise “You are only as good as your last deal”. Lol, I remember being quite taken aback as a young lawyer when I first heard that! But if you understand that in this economy you always need to upskill to stay relevant and competent, you will be able to thrive. For me, that meant things like pursuing my master’s as a Fulbright scholar and exploring both opportunities in-house and as a Partner in Shardul Amarchand. For example, in Cognizant I was the lawyer hired to set up both the India and the wider Asia Pacific teams as General Counsel. At Shardul Amarchand, I was given the opportunity to start our Chennai office. That kind of entrepreneurial journey is something that I will always cherish. 

    You’ve held significant roles such as General Counsel and Board Member of Cognizant Technology Solutions Asia Pacific. Could you tell us about the challenges and rewards of managing diverse practice areas, resolving complex disputes, and advising on multi-million dollar technology deals?

    The scale of operations at Cognizant, one of the fastest-growing Fortune 500 companies, meant that even seemingly routine matters like EULAs, Labour issues or client Master Service Agreements (MSAs) involved high-stakes financial implications, often running into tens of millions of dollars. The urgency was palpable, and the need for effective prioritization and execution across diverse geographies in the Asia-Pacific region was paramount.

    My experience in private practice at Shardul Amarchand was marked by an intense performance culture. Clients often presented us with complex, unprecedented challenges. It’s worth noting that most large clients have highly sophisticated in-house teams, so when they seek external counsel, it’s typically for issues that are both novel and intricate. This necessitates original research and innovative problem-solving, skills that are indispensable in the legal landscape. Our office of 4 partners advised on Tech, Corporate, M&A, Real Estate and litigation matters. 

    The common thread between these diverse roles has been the critical importance of a strong, well-trained team. Whether it was navigating the complexities of multi-million dollar technology deals, resolving intricate disputes, or advising on regulatory compliance, the strength of the team was often the determining factor in the successful outcome of these endeavors. I’ve been fortunate to work with exceptional teams both at Cognizant and in private practice, and their contributions cannot be overstated.

    Throughout your journey, you’ve been hailed as a trusted legal advisor. What do you believe sets you apart in terms of building strong client relationships and delivering effective legal counsel?

    What distinguishes my approach in building robust client relationships and offering effective legal counsel boils down to two key elements: trust and capability.

    In today’s fast-paced business environment, clients are inundated with challenges and operate under immense pressure. They aren’t seeking a legal lecture; they’re in search of actionable solutions, a quantifiable assessment of risks, and a straightforward strategy for compliance. To earn their trust, it’s imperative to communicate in a clear and direct manner that aligns with their commercial objectives.

    The legal industry often falls into the trap of obscuring advice with layers of disclaimers and complex jargon. This not only dilutes the impact of our counsel but also hampers the decision-making process for the client. My focus is on cutting through the noise to deliver advice that is both clear and actionable.

    Consistency is the final, yet crucial, ingredient in this equation. Trust isn’t built overnight or through a single transaction; it’s cultivated over years of reliable and consistent service. The ability to consistently identify and mitigate client risks transforms a transactional relationship into a long-term partnership.

    You’ve received recognition from esteemed publications like Legal 500, Chambers, and Asian Legal Business. How has this recognition influenced your approach to your work, and what does it mean to you to be acknowledged by your peers in the legal industry?

    Recognition from esteemed platforms is an honor. I’m deeply grateful for it. In a competitive market where credibility is often scrutinized, these accolades serve as a valuable endorsement. Operating under my own name, Bhushan Rajaram, these recognitions act as a seal of approval, opening doors that might otherwise remain closed.

    However, it’s crucial to understand that these accolades are essentially a foot in the door, not a guarantee of sustained success. Clients today are incredibly savvy. They have a keen eye for expertise and can quickly discern whether an advisor possesses the depth of knowledge required to address their unique challenges. So, while the recognition is validating, it’s merely the starting line, not the finish.

    Lastly, could you leave our listeners with a piece of wisdom or a mantra that has guided you through your remarkable legal journey, and which you believe can resonate with those embarking on their own paths in the legal profession?

    Before we conclude, I’d like to share a guiding principle that has been invaluable to me on my legal journey—a piece of wisdom from my father that I believe will resonate with many of you.

    We live in a time where ambition and intelligence are in abundance, especially among young professionals. The drive to reach significant milestones—like making partner, buying a home, or achieving financial independence—often takes center stage. My father, however, offered a different perspective: “Life is not a checklist but a journey.”

    The relationships you cultivate, particularly with your life partner during these formative years, are incredibly enriching. These bonds are built on shared struggles and triumphs, and they often become your most reliable support system.

    So, as you ascend the ranks in the legal field, by all means, be ambitious and aim high. But also remember to live your life fully. The journey itself is just as important as the destination, and the relationships you form along the way make the journey all the more rewarding.

    Get in touch with G.V Anand Bhushan-

  • Success in IP law comes more from understanding your clients’ businesses and being dedicated to protecting their interests- Vivek Vashi, Head of Intellectual Property and Contracts at GormalOne LLP

    Success in IP law comes more from understanding your clients’ businesses and being dedicated to protecting their interests- Vivek Vashi, Head of Intellectual Property and Contracts at GormalOne LLP

    This interview has been published by  Priyanka Karwa and The SuperLawyer Team

    Could you please share a brief overview of your journey in the legal field and how you ultimately ended up as the Head of Legal, IPR, and Contracts at GormalOne LLP?

    My journey in the legal field has been both exciting and fulfilling. I always had an interest in law from a young age as both my grandfather and father practiced law. They motivated me to pursue a degree in law, where I gained a comprehensive understanding of legal principles, regulations, and case laws. Along with my studies I also enhanced my knowledge on Cyber Laws and Information technology through a diploma and certificate. Thanks to the encouragement from my learned faculty at college, mentors, and fellow seniors I efficiently represented India at the International Model United Nations in London and participated in intra-collegiate moot court competitions. Through these experiences, I honed my critical thinking, research, analytical, and advocacy skills, which are essential for success in the legal profession. 

    While obtaining my law degree I delved into an internship with a prominent IP law firm, Aditya & Associates, for over 2 years, where I had the opportunity to work closely with experienced attorneys. This allowed me to apply my theoretical knowledge to real-world scenarios, familiarizing me with legal research, drafting documents and interacting with clients.

    After graduating, I pursued my Master’s degree in Intellectual Property from Cardozo, a top ranked New York Law school. Cardozo offered me global exposure and enabled me to navigate the intricate world of Intellectual Property rights, a legal landscape surrounding innovation and creativity. While pursuing my Master’s degree, I worked at CBS Corporation in New York where I had the opportunity to be immersed in the American work environment which further helped diversify my experience in protecting and enforcing Intellectual Property rights. 

    As I gained more experience, I took on increasingly complex cases and responsibilities, representing clients in negotiations, hearings and court proceedings while working as a junior advocate at M.P.Vashi & Associates. Additionally, collaborating with my colleagues and engaging in continuous professional development further enriched my legal acumen. 

    Presently, I am Head of Legal for Intellectual Property and Contracts at GormalOne LLP where I play a pivotal role in safeguarding the organization’s intellectual property, managing contractual relationships and developing legal strategies to support business growth and innovation.

    Over the years, I have had the privilege of contributing to significant legal victories, advising clients on intricate matters, and navigating the evolving landscape of laws and regulations. I have remained dedicated to upholding ethical standards and promoting justice while adapting to the dynamic nature of the legal field. 

    Looking ahead, my journey in the legal field continues to be a rewarding and intellectually stimulating endeavour. 

    You’ve undoubtedly achieved remarkable success in the field of IP law. What do you believe sets you apart from other IP lawyers in the field?

    I believe my dedication to understanding my clients’ businesses truly sets me apart. By immersing myself in their industries and objectives, I can tailor legal strategies that align with their unique needs giving them a competitive advantage. I am able to do so due to my diverse experiences that have given me a 360-degree view in gaining client rights and protecting client interests in intellectual property. Additionally, my commitment to staying up-to-date with the latest developments in-field has contributed to my success in securing favourable outcomes for my clients. 

    Intellectual property cases can be quite intricate. Could you share one of your most challenging intellectual property cases and walk us through how you navigated it?

    Certainly! One of the most challenging cases I worked on involved a complex Copyright infringement dispute between two industry giants. The technology in question was cutting-edge, and both parties were determined to win. To navigate this case, I worked cohesively with a multidisciplinary team of experts, including engineers and technical specialists, to thoroughly analyze the intricacies of the Copyrights in question. We strategically approached the case, focusing on key arguments and leveraging prior court decisions to bolster our position. Ultimately, through rigorous preparation and effective negotiation, we reached a favourable settlement for our client, avoiding lengthy litigation.

    The world of IP laws is ever-evolving. How do you manage to stay current with the rapid changes in IP laws and regulations?

    Staying updated with the dynamic world of IP is essential to providing excellent legal guidance. My love for literature around the globe with respect to inventions and legal measures, helps me to not only stay relevant but also ahead of the industry. I regularly attend industry conferences, participate in legal seminars, and engage in continuing legal education programs focused on intellectual property. Additionally, I am an active member of various IP law associations, where I network with peers and gain insights into emerging trends and best practices.

    In the digital age, intellectual property protection has encountered new challenges. In your opinion, what is the most significant challenge facing IP protection in this era of digitalization?

    The rapid digitization of information and ease of data sharing have created new challenges for IP protection. One of the most significant issues is the rise of online piracy and counterfeiting, which can severely impact the revenues and reputation of businesses and creators. Additionally, the global nature of the internet makes it challenging to enforce IP rights across borders. Addressing these challenges are the need of the hour and I urge international cooperation and practical solutions to safeguard intellectual property rights in the digital realm.

    Your journey from being a legal intern to an accomplished International Lawyer is inspiring. What advice would you give to aspiring IP lawyers who want to excel in this field?

    First and foremost, develop a strong foundation in intellectual property law through formal education and hands-on experience. Be curious and continuously seek to deepen your understanding of the ever-changing landscape of IP laws and regulations. Cultivate excellent communication skills, as effective advocacy for clients is crucial in this field. Additionally, never underestimate the value of networking and building relationships with peers, mentors, and industry professionals. Finally, remember that success in IP law comes more from understanding your clients’ businesses and being dedicated to protecting their interests.

    Achieving accolades like the “Top 25 Emerging IP Partner” at IP LEGAL DIGITAL CONFEX AT DUBAI – 2023 is remarkable. Could you tell us more about your thoughts and feelings when receiving such recognition?

    Winning the prestigious Top 25 Emerging IP Partner Award was an incredibly humbling and exhilarating experience especially considering the impressive pool of nominees. The selection of the best 25 partners was based on a comprehensive evaluation that encompassed key criteria such as partners’ notable accomplishments, overall reach within the industry, their significant impact on the intellectual property landscape, their forward-looking readiness for future challenges and their alignment with market demands. This recognition highlights winners’ exceptional contributions to intellectual property and their potential to shape its future.

    To be recognized among my esteemed colleagues and peers in the legal profession was truly an honour beyond words.

    Lastly, your journey has surely been an enriching one. Looking back, what motivated you to pursue law, and specifically intellectual property law? 

    As a child, I was fascinated with progressive innovation and creativity and as a teen, I was fond of big brands. As a young adult, I understood the impact brands and their marketing can have on shaping societal views and customer behaviour. This highlighted to me the significance of providing protections to intellectual property which led me to pursue a career in law, where I could help individuals and companies safeguard their innovations and contribute to the growth of technological advancements. 

    Get in touch with Vivek Vashi-

  • When faced with a dispute that covers multiple countries, it is best to rely on local expertise and blend it with your own knowledge of the client’s expectations to arrive at a holistic solution- Astha Negi,  Partner at Fidus Law Chambers

    When faced with a dispute that covers multiple countries, it is best to rely on local expertise and blend it with your own knowledge of the client’s expectations to arrive at a holistic solution- Astha Negi, Partner at Fidus Law Chambers

    This interview has been published by  Priyanka Karwa and The SuperLawyer Team

    Can you tell us about your journey in the field of law and how you ended up specializing in intellectual property (IP) law?

    I never originally planned to study law. My parents were very keen on me sitting for the civil services examination, but I was not inclined towards it. After completing my schooling in Pune, ILS Law College seemed like a great option for college and fortunately, I was admitted. It was my father who inspired me to take up IP. We used to discuss his numerous patents that he had filed back in the day when he was a scientist and a professor at IIT. Our conversations revolved around plagiarism and authorship/ownership issues in works created in educational institutes..

    Before joining Fidus Law Chambers, you were part of a large IP firm in India, where you managed international trademark portfolios. How did that experience shape your career and expertise in trademark prosecution and contentious matters?

    At Anand and Anand, I had the opportunity to learn from some of the best brains in the industry. My work involved handling foreign filings and contentious matters outside India, which allowed me to connect with many law firms and foreign counsels. I built long-lasting relationships with them, and we continue to collaborate even today.

    Working on outbound matters taught me a lot. As a representative of my clients and their business, I had to consider costs, efficiency, and timelines for each case. I also had to navigate the challenges unique to each jurisdiction and present viable solutions to clients. This experience helped me gain valuable insights into practice and procedures in different countries, which I would have missed out on if I had continued to focus only on Indian-specific cases.

    As a Partner at Fidus Law Chambers, you supervise global trademark prosecution and contentious portfolios for your clients. Could you share some of the challenges you face in this role and how you tackle them?

    A one-size-fits-all approach never works when dealing with intellectual property (IP) on a global scale. When faced with a dispute that covers multiple countries, it is best to rely on local expertise and blend it with your own knowledge of the client’s expectations to arrive at a holistic solution. Another challenge that often arises is that, from a business perspective, clients prefer brand names that are easy for consumers to relate to, which means they may not make great trademarks. In such cases, the best solution is to conduct a comprehensive risk analysis and provide clients with various options to choose from. As a lawyer, you must always strive to find a middle ground.

    Achieving a 98% success rate in trademark contentious hearings in 2022 is an impressive feat. What strategies do you employ to ensure such remarkable results for your clients?

    It’s fairly simple for us. We spend hours preparing for each hearing, with written submissions that include robust timelines and case law. Credit also goes to our experienced team members, who are skilled in handling contentious hearings. We brainstorm before each hearing to decide on our strategy and argument, which has helped maintain our high success rate.

    You’ve filed trademarks in over 40 countries in 2022, which demonstrates a significant international presence. Can you highlight the importance of global IP strategies for businesses in today’s interconnected world?

    Today, businesses are no longer limited to local markets. Thus, having a robust global IP strategy is extremely important. There have been numerous cases of bad faith filings, where trademark squatters have obtained registrations for clients’ trademarks, and the clients were too late to apply. Businesses can take smart steps to protect their trademark rights. At the preliminary stage of brand checks, one doesn’t even have to engage lawyers. There are multiple databases and websites where any business can quickly check for identical or similar marks.

    Apart from your legal career, you are deeply passionate about promoting more women in the workforce and sports. Could you share some of your initiatives and experiences as a community ambassador, organizing and hosting games for working professionals, especially women, in Delhi/NCR?

    This is something I am deeply passionate about. I have always been interested in sports and fitness, but I struggled to find team members to play with. Fortunately, I discovered Hudle, a platform started by one of my seniors in college. Through Hudle, I was able to find groups and venues to play at. Last year, I started a group called “Sportsweekenders” in Noida. The group targets working professionals who enjoy team sports such as basketball, football, and badminton. The idea is to encourage more women to play team sports. We encourage men in the group to bring their wives, friends, and sisters to join. The biggest challenge I face in hosting games is retaining female players. Gender stereotypes in sports still prevail, and addressing this is a long and difficult fight.

    You have been recognized for your outstanding contributions to the field of IP law, such as being named one of the “Influential Women in IP” and receiving multiple recommendations from prestigious publications. How do you stay at the forefront of the industry and maintain your expertise?

    One has to keep evolving with the times. I have always been interested in emerging technologies and issues, and our opinions and strategies align with emerging trends. I encourage my team to come up with innovative solutions that can help our clients. Ultimately, there is no substitute for hard work and consistency.

    As an active member of INTA and Marques, you attend their annual conferences regularly. How have these memberships and conferences contributed to your professional growth and networking opportunities?

    Conferences are an excellent way to bond with peers, clients, and colleagues globally. Knowledge sessions offered at these conferences can facilitate personal growth and learning. As a member of INTA committees, I regularly attend committee sessions, which I find very helpful. The cultural diversity of these conferences is another plus point, as it can help you step out of your comfort zone.

    Could you share some key lessons or insights you gained from attending the trademark practitioners training course offered by the Japan Patent Office and the summer school in intellectual property laws at Xiamen University in China?

    The JPO training was intense. The group consisted mostly of lawyers from Asian countries. We analyzed IP laws in our respective countries and compared them with those of other countries. The summer school in Xiamen was enjoyable, as I got to experience life as a student in Xiamen. Our days were spent studying cases and going on field trips. Both experiences enriched me culturally.

    With your experience and success in the legal profession, what advice would you like to give to fresh law graduates who are starting their careers today, especially those interested in specializing in intellectual property law?

    Honestly, these days, freshers don’t need advice. They know exactly what they want and when they want it. Just be true and honest with yourself, make mistakes, learn from them, and eventually, you’ll end up doing something you love. For those who desire to get into intellectual property (IP), I suggest reading up a lot and subscribing to publications if you can. Some of the students who intern with us are very well-read, and it’s a pleasure to work with them. We regularly absorb such interns who show merit and hard work.

    IP is fascinating, and with emerging issues and technologies, it’s a whole new world out there, and the legal implications of these emerging laws are wide. We are blessed to be witnessing the future as some of the laws are now taking shape. This is a great time to be an IP lawyer.

    Lastly, looking ahead, what are your future aspirations and goals both professionally and personally, and how do you plan to continue making a positive impact in the legal and broader community?

    Professionally, I want to continue doing what I am doing. I want to lead with purpose and help the younger members of the firm become the best versions of themselves. Specifically, I want to mentor younger lawyers, especially female lawyers, as they navigate the challenging workspace, find balance, and become productive members of society.

    Personally, I want to build a bigger community of sports enthusiasts in my neighborhood, with more female participation from ages 30 and above.

  • Knowing your brief, correct facts, being bold and aware about what you present, are key points which come what may, would not shake the confidence no matter what- Anushkaa Arora,Principal & Founder at ABA Law Office

    Knowing your brief, correct facts, being bold and aware about what you present, are key points which come what may, would not shake the confidence no matter what- Anushkaa Arora,Principal & Founder at ABA Law Office

    This interview has been published by  Priyanka Karwa and The SuperLawyer Team

    Ma’am, please tell us about your educational background and how you ended up pursuing a Master of Laws (LL.M) in Intellectual Property Laws from the National University of Singapore?

    I was born and brought up in Delhi however, I pursued 8 years of school from Dehradun, namely Ann Mary School.  I am a Science with Maths student from an ICSE + ISC school named previously. Thereafter, from a PCM background I took the plunge into BA LLB, and with god’s blessings topped semesters and attained top position during my final semester. I further pursued my masters in IPR from NUS Law. Meanwhile during school, I have also had the innate interest towards yoga and attained Pramana Patra by clearing all 5 levels with highest grades. 

    I took the plunge into IPR for the reason that apart from criminal laws, IP Laws interested me a lot during university days. I found that the curriculum taught in law schools was not enough to overall understand this subject, which is when I decided that I would definitely want to study IP  in depth. I was fortunate to get into Amarchand Mangaldas on merit, as an intern, where I was put into the IP team, which further caught my attention towards IP, which is when I was sure that I would like to explore this subject more, before I hit the professional world. I thereafter to satisfy my curiosity over this subject got into Luthra & Luthra internship and experienced various more aspects in the same. Further, I was called back at Amarchand Mangaldas over an assessment internship, with which I was sure that I would really love to further pursue this subject and dwell into advanced core. This is when, it struck me, to pursue IP from NUS, being top 10 in the world for IP Laws, as a recommendation from every well-known practitioner of IP India has seen. After further training with some of the most refined law firms as named above including RK Dewan, I took the plunge for Singapore to pursue masters in IP. 

    During your LL.M program, you specialized in subjects such as Celebrity and Entertainment laws, fair use in the UK and USA, copyright, trade marks, cyber law, and more. What sparked your interest in these areas of law, and how do you think they contribute to the field of intellectual property?

    My main motive to pursue masters from Singapore in IP field was to be trained by the best and pursue subjects which form part of real core of IP. These subjects form part of the real core of IP if we talk about trademarks and copyrights. Being trained by the best, witnessing luxury brands In Front of your eyes by professors who teach such subjects, not only amazed me, but reinstated the dedication for which I had subscribed to masters from Singapore. 

    These subjects have not only contributed towards my professional commitments but have given me the maturity, edge over competitors and confidence to deal with some of the very high stake and high profile IP litigations/advisory I have handled so far.

    You completed Directed Research under Prof David Tan on Luxury Brand Counterfeiting. Could you share some insights from your research and its significance in addressing the issue of counterfeiting?

    My directed research under the topic as mentioned has been pursued under the guidance of a person who is not only well known for the said subject but is a live example of walking luxury brands. My research involved understanding luxury brands, the efforts and time spent on making the same, counterfeits of such brands, empirical research of the same. To undertake the research,  I even travelled to south Vietnam, which houses counterfeits of the world, understanding the market there, issues with use of counterfeits etc were some aspects which were witnessed in person and thereafter jotted down. 

    Counterfeiting is escalating especially with advent in technology and know-how. The directed research addresses very specific points over the same, creating significant impacts over society to understand the issue to its root cause and the pitfalls associated.

    Your Bachelor of Arts and Law Honours degree from Guru Gobind Singh IP University in Delhi showcased exceptional academic performance. What motivated you to excel in your studies, and how did this experience shape your understanding of the law?

    Honestly, I was always passion driven. Nothing seems rather a task when it comes to law. I just loved what I am doing, hence it all happened as it should happen. I always had the innate quality to understand arts subjects right from school where I used to obtain highest grades in history, English etc. continuing the same interest in BA LLB. I am glad I did exceptionally well. 

    Being honest, law school studies did shape a personality, however with respect to understanding of law, I will say I give the credit to my training as an intern since 2012 in any or all holidays. I think practical knowledge in law is most important which one does not get by studying law. Same story follows, at least for me. 

    As a member of the Singapore International Arbitration Center (SIAC), could you share some of your experiences in handling arbitration cases and the significance of alternative dispute resolution in the legal profession?

    I have represented Indian clients before SIAC and have also advised on such international arbitrations. Apart from the same, I have dealt/been a part of some of the high stake arbitrations in India for which the journey compared with litigation has been a much smoother ride.

    Getting instructions from clients, presenting the same before the arbitrator working your way out in a much organised and sophisticated manner, have been some of the most loved experiences.

    I believe we should work towards advising parties in choosing ADR rather than complex, long and haphazard litigation, which not only saves time and money of the Client but it does give a comprehensive organised flavour to the case. Speedy angle being added, makes it even more suited for clients. 

    You have been actively involved in conducting webinars on various legal topics and moderating sessions with renowned individuals in the legal field. What motivated you to engage in knowledge-sharing activities, and how do you think they benefit both legal professionals and the wider community?

    I have always been involved in such knowledge-sharing activities, since school days. Having an innate quality to help the society, I have even kept myself occupied with pro bono activities and extending pro bono legal aid to the downtrodden. 

    Be that as it may, I do not think anything motivated me, I think this is always something I liked, because I wanted to help a major section of society either by imparting education or by getting dignitaries who could do the same. 

    Such knowledge-sharing activities have far reaching effects. These days, the internet is accessible to masses. For those students or professionals who cannot afford expensive commentaries, web access, mentoring under dignitaries, can gain insights by witnessing such knowledge-sharing activities, which has been my main motive all the while. People who are preparing for exams, involved in litigation over subject matter relating to such knowledge-sharing activities etc are tremendously befitted, as they can join and during interactive sessions, pen down their queries and thereby avail answers. 

    In your role as the Founder of ABA Law Office, you have worked on notable matters such as handling complex criminal law cases, intellectual property rights etc. matters for clients. Could you share some key challenges you faced in these cases and how you effectively addressed them?

    Key challenge faced is I believe with respect to me being a female. Gender discrimination though subtle but is prevalent. Tackling the same especially in lower courts outside Delhi is yet again a major task, which I successfully seem to have handed over the years of my practice. 

    Knowing your brief, correct facts, being bold and aware about what you present, are key points which come what may, would not shake the confidence no matter what. Being any sort of subjugation from the opposite sex, having the above mentioned points, would not let you digress from your end goal.

    As a litigator, you have represented clients in various forums and courts, including notable companies like M & R Furnishing (Apartment 9), Asian Paints, Mr. Shiv Khera Central, Government of India, Indian Railways etc. Could you share some experiences from your litigation practice and how you have successfully advocated for your clients’ interests?

    Running from one court to another, 1 DAY- different forums, different state courts, international matters, briefings, advisories, client calls, drafting’s, arguing, sleep and repeat is a summary of my experience of litigation.  

    I am very confident to say that I believe in obtaining a speedy redressal for my Clients which my track record till date (by god’s grace) has been at par with my thought process. Having an unblemished record of win and speedy redressal is something for which I am truly humbled and bow down to the almighty to bestow upon his kindness. 

    Throughout your career, you have received several professional qualifications and honors, such as winning the Best Research Paper Award and being a recipient of the Ram Jethmalani Academic Excellence Award. How have these accolades contributed to your growth as a legal professional?

    They have given me the boost to consider that I am on the right track and also the reinstatement of the thought that with hard work comes success.

    Based on your experiences and expertise, what advice would you give to fresh law graduates who are about to embark on their legal careers?

    Train/intern as much as you can. Do not waste law school years by sitting ideal and wasting vacations. Any vacations, joining an internship, online internship, virtual internships can be done even if we have difficulty in pursuing physical internships. 

    Only once you have experienced different types of law offices, you would have clarity as to what is the right profession for you when you leave law school. 

    Many a times, students do not train/intern much during law schools, and end up figuring for the first 1-3 years as to which place suits them best, is it a law office, law firm, chamber, judges chamber etc. so to avoid wasting 3 -5 crucial years of career post law school, my only advice would be this. 

    Could you provide us with an overview of the collaboration between ABA Law Office and R S Solomon LLC? What drove the two firms to sign a Memorandum of Understanding (MOU) and join forces?

    The collaboration is an understanding between group international law firms, to work together on matters which may come across each other’s way including advisory, drafting or vetting etc.

    I always had a vision for a global practice of my Law Firm. I have always since my law school ventured to international domains to present papers, understand cultures, built international contacts, and then pursued my masters from Singapore, which further gave me an excellent domain to further strengthen my international contact database. 

    With the said edge of having an international masters from Singapore my south east Asia connect with my colleagues became very strong and soon ABA Law Office started to become a one stop shop for client who wanted to set up companies in southeast Asia by having an Indian law office who could coordinate with various other law offices abroad and get the work done.

    India clients reposed trust in ABA Law Office and soon ABA Law Office developed a strong international practice of advisory, registering trade marks, opinions on IP, contract vetting etc. 

    In the same manner, R S Solomon LLC carrying the same vision was already in a group law firm collaboration with various other law firms across the globe. With the recent BCI notification of allowing foreign lawyers and law firms in India, I saw the same as a good opportunity to further strengthen my Firm’s international practice and with the same in mind, both law firms found synergies to further dwell and commit to. 

    Get in touch with Anushkaa Arora-

  • IP, in my view, is an area of law where all sizes and types of businesses/services require handholding- Deeksha Anand, Partner at Sujata Chaudhri IP Attorneys

    IP, in my view, is an area of law where all sizes and types of businesses/services require handholding- Deeksha Anand, Partner at Sujata Chaudhri IP Attorneys

    This interview has been published by  Priyanka Karwa and The SuperLawyer Team

    Can you tell us about your journey in the field of law and how you ended up specializing in intellectual property?

    My journey of law began in 2010, when I got admission into Dr. RML National Law University, Lucknow. I was never particularly driven towards becoming a lawyer but was rather fortunate to “crack CLAT” owing to my academically sturdy graph throughout my student life. Without having any legal background or bent of mind, IP captivated me as a subject due to my musically wired brain and the brand conscious inner me. To my benefit, our IP professor in university made lectures fun and stimulating. Given my passion for music and quest for brand identification, pursuing IP-centric internships and choosing IP as a career path was a natural corollary.

    Ever since my graduation from college in 2015, I’ve been associated with Sujata Chaudhri IP Attorneys, a Noida-based IP firm and have been challenging myself to keep up with the changing pace of IP every year. Today, I advise and act for clients on all aspects of brands and their protection, including their registration, management, exploitation and enforcement, as well as copyright and design prosecution.

    You have worked with both Fortune 500 companies and start-ups. How does your approach differ when advising these two types of clients on aspects of brand protection?

    IP, in my view, is an area of law where all sizes and types of businesses/services require handholding. Right from startups to well-established and multi-national corporations, protection of human intellect holds utmost importance and deserves to be protected and cherished.

    While the practicalities surrounding the functioning of a Fortune 500 company and a start-up differ drastically, the applicability of the fundamental principles of law remains the same. Stepping into the shoes of the brand owners and understanding their current and future business needs is where the distinction in one’s approach to a matter really lies. While start-ups, generally speaking, are cost conscious and pick their battles wisely, it is imperative for lawyers to appreciate that every organization, irrespective of size, scale, funds, etc. has different priorities at different points of time. What may work for a Fortune 500 company may also, unlike the common perception, work for a start-up. Ultimately, it boils down to addressing a client’s needs in the most cost-effective and meaningful way.

    What, in your opinion, are the attributes that set IP lawyers apart from the rest.

    Creative thinking and having an eye for detail (having an OCD actually helps!) while juggling multiple matters. Research and writing skills go without saying, whether or no IP!

    With your extensive experience in handling trademark portfolios, oppositions, and domain name disputes, could you share some notable challenges you have faced?

    Statutory deadlines are absolutely sacrosanct in an IP attorney’s career. Missing one could cost you a client! Time is of utmost essence in a trademark lawyer’s day-to-day life. Those who can’t keep up with the pace might fade away…

     Some of the other challenges faced by IP lawyers revolve around the functioning of the Controller General of Patents, Designs & Trade Marks (CGPDTM). While the Trade Marks Registry and the Copyright Office have come a long way since I started practising in 2015, loopholes in the functioning of the offices, both due to administrative and technological reasons as well as inconsistency in stands taken by different officers, are bothersome and difficult to explain to clients. Being aware of the happenings in the offices and getting insights from friends and officials always helps appreciate situations better. My experience of filing complaints before the National Internet Exchange of India (NIXI) has been fairly smooth. The office has really streamlined its procedures and functioning over the years.

    How do you manage the coordination and collaboration with foreign counsel in different countries for trademark protection? Are there any unique considerations that arise in these cross-border cases?

    Corresponding with several clients across the globe having businesses in India and having business interests outside India, is a part and parcel of my day-to-day work. Breaking down complexities of the law in simple terms is the key to good communication. One should work on the assumption that the foreign counsel is unaware of not just the nitty gritties of your law but also the overview of it. Asking the right questions, seeking clarifications, if needed, anticipating questions from clients and factoring those in your advice are some good practices. Being in constant touch, and meeting, with foreign counsel at conferences also helps strengthens ties.

    You have appeared before various judicial and quasi-judicial bodies. Can you share a few examples of significant cases where you represented a client before the Trade Marks Registry, Delhi High Court or another court, and the impact your representation had on the outcome?

    I was part of the team that advised one of the firm’s international pharmaceutical clients on a time-sensitive litigation along with connected rectification and opposition actions, briefed senior counsel, Mr. Sudhir Chandra, and obtained interim and permanent injunction orders within three (3) months of filing the suit. I was also part of the team that represented one of the firm’s popular international apparel clients in a trademark dispute against an Indian retail brand run by the Aditya Birla Group. Although the lawsuit, filed in the year 2015, was aggressively contested by both sides, the dispute was amicably resolved with the parties becoming business partners in India. I also independently led settlement negotiations regarding use and registration of the rival trademarks, with an electricals giant in India on behalf of one of the firm’s international luxury automobile clients. The dispute, which started back in 2017 and entailed filing nearly 60 trademark oppositions on behalf of the client resulted in a robust co-existence agreement. Very recently, I secured well-known protection for one of the firm’s pharma clients before the Trade Marks Registry, that accords protection to the client over that trademark across all goods/services classes.

    You have been recognized for your contributions to the legal profession, including being a recipient of the “Honourable Mention” in the Indian Law Firm Awards 2021. What does this recognition mean to you, and how does it motivate you in your work?

    Such recognitions and awards are merely a validation of one’s perseverance and efforts over the years. It is the appreciation of my work by my Managing Partner and clients, and the reassurance that I get from my associates about my mentoring ability, that really matter the most to me. I truly believe that words of appreciation from someone you care about are great motivators, far more than any award/ tangible recognition. The power of words (and music) is supreme!

    Lastly, what advice would you give to fresh law graduates who are considering a career in intellectual property law based on your own experiences and insights?

    To really focus on their careers (read learning) by taking small steps every day, and not on money or “great international clients” in their initial years of practice. Looking for “growth” as, very often, candidates I interview tell me, is meaningless unless you know what this term means to you. Growth, for me, is a natural phenomenon rooted in every individual’s career trajectory and needs to be honed every year (not handed over on a platter that smells of good money). Do good work and money will follow…

    Being familiar with the IP subjects taught in law school, doing IP internships in your later years of law school, and being abreast of latest developments in courts and the IP offices would always give you an edge! With many offices and courts moving to virtual hearings post the pandemic, law graduates can observe proceedings virtually and get pointers on the practical functioning of these offices.

     IP offices’ efforts in fast-tracking procedures, digitization of filings at the IP offices and introduction of several specialized IP software have really changed the landscape of IP practice over the years. From days where all filings were done by hand, to today, where online filings are a norm, IP as a practice area for lawyers has come a long way. Besides this, the formation of commercial courts across the country and the constant enrichment of IP jurisprudence by the Delhi High Court, in particular, have further strengthened the IP industry and scope of this field for upcoming law graduates.

    Get in touch with Deeksha Anand-

  • Increasing awareness about IP rights is crucial because it helps individuals and businesses understand the value of their Intellectual Property and how to protect it- Omesh Puri, Partner, LEXORBIS

    Increasing awareness about IP rights is crucial because it helps individuals and businesses understand the value of their Intellectual Property and how to protect it- Omesh Puri, Partner, LEXORBIS

    This interview has been published by  Priyanka Karwa and The SuperLawyer Team

    Sir, to start this interview, please tell our audience about how did you come into the legal profession?

    In my final year of graduation in Commerce, I developed a keen interest in the legal field. My fascination with law began as I studied Company law, Tax and Banking Regulations during my graduation. During my time at Law School, I found myself particularly drawn to criminal law, tax and intellectual property law.

    After completing my studies, I began my career as a Criminal lawyer, focussing mainly on bail matters and appearing primarily before Patiala House Court and Delhi High Court. However, after two years in Criminal law, I was presented with an opportunity to work in the field of Intellectual Property Law, which also included Information Technology, Advertising, IP transactions, and Cross-border IP issues. This new direction allowed me to broaden my knowledge and skills in the legal profession, and I found it to be a fulfilling and challenging experience primarily due to my likeness for Intellectual Property.

    Can you tell us about your experience in representing clients before different IP offices and courts in India? What are some of the most challenging changes you’ve witnessed?

    Throughout my career, I have advised and represented clients on a wide range of intellectual property (IP) protection and enforcement issues. Over the past 14 years, I have observed significant changes in the way IP offices and courts operate. Today, clients are more actively involved, and businesses are increasingly aware of the importance of intangible assets. As a result, lawyers are expected to possess a deep understanding of how a particular business operates and what kind of support they require from outside Counsel. It is essential to stay up-to-date with the latest Case laws, especially in the field of Intellectual Property (IP), where disputes are rapidly evolving, and the interpretation of Law is becoming complex.

    To resolve disputes, new avenues are being explored, and the increased use of technology has been particularly helpful in improving the IP Ecosystem. As a result, IP owners now have greater trust in India’s IP protection and enforcement mechanisms.

    Lawyers are generally less receptive to technology, and I too struggled in accepting new technology during the early years of my practice. However, given the rapidly changing technological landscape, it has become increasingly important for lawyers to be well-versed in the latest technologies to provide the best possible services to clients. As a result, lawyers are now expected to be more technologically sound than before. At LexOrbis, we promote the use of technology among our lawyers/patent agents and paralegals to streamline their workload.

    You’ve worked with clients across a variety of industries, including pharmaceuticals, food and beverages, fashion, and automobiles. Are there any industry-specific challenges you face when it comes to protecting and enforcing IP rights?

    Each industry presents unique challenges when it comes to protecting and enforcing Intellectual Property (IP) rights. In the past, we had more clients from traditional businesses, but in recent years, we have seen an increase in clients from the more sophisticated technical and innovative sectors. Every day, new businesses emerge that require guidance from IP lawyers, and this is one of the most exciting aspects of the job – learning about innovative and unique products and services.

    Collaborating with various industries can expand your knowledge and perspective. For example my experience working with clients in the pharmaceutical industry has highlighted the importance of innovation and public health issues in regulated industries. Similarly, my work with clients in the food and beverage industry has taught me about the significance of branding and consumer trends. Through my involvement in the fashion industry, I have come to recognize the industry’s rapid pace and the constant demand for innovation. Similarly, my time working in the automobile industry has emphasized the significance of sustainability and technology.

    Overall, my work with clients across diverse industries has equipped me with a well-rounded perspective and adaptable problem-solving skills that can be applied to a wide range of business challenges. I believe that as lawyers, our first approach should be to understand our clients’ businesses and the disputes at hand, and then draw upon our experience to resolve them. It is essential to have a deep understanding of each industry’s specific needs to provide effective legal solutions that are in sync with the business requirements.

    In addition to your legal work, you’re also involved in IP rights awareness campaigns with government organizations. Why is it important to increase awareness about IP rights, and what are some of the most common misconceptions you’ve encountered?

    Increasing awareness about IP rights is crucial because it helps individuals and businesses understand the value of their Intellectual Property and how to protect it and in case of violation, what all actions can be taken. Many people have misconceptions about IP law, such as believing that everything can be freely used and shared on the internet or that copying someone else’s work is acceptable as long as it’s not for commercial purposes. These misconceptions are so rampant and therefore it’s crucial to educate the public about IP law.

    You’ve authored several articles on IP law and regularly speak on IP issues at various forums. Can you tell us about a recent development or trend in IP law that you find particularly interesting or impactful?

    Intellectual Property matters are constantly evolving, as businesses continue to develop and encounter fresh issues that require attention. An intriguing trend that has emerged recently is the increased demand for Intellectual Property protection in emerging markets such as the Metaverse, NFT, and Artificial Intelligence markets. The companies are confronting challenges in safeguarding and enforcing their intellectual property rights in these new sectors, and I believe that legal professionals specializing in Intellectual Property must broaden their focus in order to effectively protect their clients’ interests.

    Coming towards the end of this conversation, please give tell our audience about the most valuable lesson of your life.

    The most significant lesson that I’ve learned is to remain curious and to never stop learning like a child in the school. As a legal professional, it’s crucial to stay abreast with the latest developments in Law and Business since they are ever changing. I believe that ongoing expansion of my knowledge and skill set enables me to provide superior legal guidance to my clients and keeps me excited and involved in my job. It’s critical to keep up with recent Court decisions and intellectual Property Office practices. Additionally, I prioritize my interests outside of work as well, such as playing Cricket and riding motorcycle over the weekends.

    Get in touch with Omesh Puri-

  • I believe that more minds need to understand and work on laws to govern emergency technology – Lynn Lazaro, Partner and Head of IP, Kochhar & Co., Bangalore

    I believe that more minds need to understand and work on laws to govern emergency technology – Lynn Lazaro, Partner and Head of IP, Kochhar & Co., Bangalore

    This interview has been published by Priyanka Karwa and The SuperLawyer Team

    Ma’am, as a conversation starter, please tell us reason behind you choosing law as a career? 

    I don’t come from a family of lawyers, so choosing law as a profession wasn’t the typical choice at the time. Law as a career played to my strengths. I was generally a curious child and I enjoyed reading, with a strong sense of self and wanting to do what’s right. Being a lawyer seemed like something I would enjoy for the rest of my life, and I still do 17 years later.

    Could you please elaborate your role as a cross border IP transactional attorney? 

    I assist foreign businesses that want to protect their IP in India, from identifying their IP assets to developing a strategy on how to protect this IP. This could range from a simple trademark or patent filing to a complex contentious dispute. In the transactional space, I assist international companies doing business in India by helping them negotiate the purchase or license of their IP assets. IP law in India has certain nuances that differ from other jurisdictions, particularly with the transfer of IP assets from one entity to another. My experience with these types of transactions has allowed me to provide very specific advice to companies where innovation is part of their business structure.

    How was your experience as a teaching assistant at La Trobe University? And what were your learnings from the same? 

    While I did my masters at university in Melbourne, I got a part time job as a teaching assistant in the same university. The role was to teach third year business students the Australian Corporations Law module. I would take the class with around 100 students in groups of 10-15 a class and go over their class work. It was pretty apparent from the start that these business students had no interest in law and were compelled to take the class as part of their business studies. So, I would set them interactive assignments, like play acting the cases that I needed them to remember. It was the most fun job I’ve had in my life. My biggest learning was not to take life too seriously and that work can be lots of fun.

    What keeps you motivated at work? 

    Motivating oneself is simply perspective. You can look at it as long shifts and mental exhaustion or you can feel the satisfaction of helping a client or winning a case. I choose the latter and that motivates me to put my best foot forward every day. Another huge motivation for me is to explore areas of law that many are afraid to touch, like the Metaverse and AI related concerns. This isn’t brand new; I’ve been watching and learning about this space for a few years now. I believe that more minds need to understand and work on laws to govern emergency technology. I’m very excited for the future.

    How do you spend your time off? 

    Like any other working parent, most of my time off is spent with my kids and their activities. It’s a balance of doing chores and spending time with the family. I have two daughters who will grow up to join other powerful women in the workforce. I am reminded daily of my duty to ensure that I lead by example.

    Coming to last question, any advise you would like to give to the budding lawyer out there?

    I’ve noticed lately that new graduates want jobs in one specific field of law right out of law school. Real world experience is needed for overall growth as a lawyer so my advice to new graduates would be to explore working in different fields of law initially before choosing to specialize in one or the other. Corporate law, in particular, is interconnected and an M&A lawyer with IP experience or a employment lawyer with some M&A experience would have an added advantage.

    Get in touch with Lynn Lazaro-