Super Lawyer

Tag: IPR attorney

  • “For students and young professionals moving from engineering to patent law, the first step is to maintain your strong technical knowledge.” – Iti Negi, Patent Practitioner.

    “For students and young professionals moving from engineering to patent law, the first step is to maintain your strong technical knowledge.” – Iti Negi, Patent Practitioner.

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

    In the early stages of your journey, particularly while transitioning into the world of intellectual property, what were some defining experiences that helped shape your practice in patents? Could you share any formative instances that honed your core skills?

    Overall, my journey in the field of Intellectual Property (IP) has been both enriching and transformative. Each organization I have worked with has added a unique dimension to my understanding of IP, helping me grow both technically and strategically. While I have had the opportunity to learn immensely at every stage, there are two experiences that stand out. Not only because of the nature of the work involved, but also because they came at pivotal moments in my career and had a lasting impact on how I approach patent practice today.

    The first was my transition into an in-house role at LG Electronics, which marked a significant turning point. Although this was not at the very beginning of my career, it was one of my earliest exposures to working in a large, innovation-driven product company. It was an exciting time as the first iPhone had just launched, reshaping the mobile industry. I was one of the few patent professionals hired outside LG’s IP team in South Korea, which gave me a unique vantage point.

    This role gave me critical exposure to the intersection of product design and IP. I worked extensively on handheld devices, touchscreens, and human machine interfaces. I learned to break down products into their technical components and identify key innovation areas. It was here that I began to understand the importance of aligning patent strategy with product roadmaps, ensuring that each patent family supported not just a single product but an entire innovation trajectory.

    In addition, I had the opportunity to contribute to emerging areas such as smart TVs and smart home initiatives. This showed me how cohesive, ecosystem-level IP strategy can create stronger value than isolated patents. Collaborating with different business units and cross-functional teams deepened my appreciation for how patents can be leveraged as long-term strategic assets. That early experience of helping shape an IP function within a rapidly evolving tech landscape laid a strong foundation for my future roles.

    The second defining chapter came during my time at Nokia USA. As part of Nokia’s patent team, I worked across high impact areas like User Interface (UI) and User Experience (UX), Augmented Reality (AR) and Virtual Reality (VR), and digital health. Being immersed in Nokia’s global innovation ecosystem, from Nokia Research Labs and Nokia Bell Labs to academic collaborations across Europe and Asia, broadened my horizons both technically and culturally.

    My role encompassed a wide range of responsibilities including invention harvesting, portfolio development, prosecution, and strategic patent portfolio management across key jurisdictions such as the US, Europe, China, Japan, and Korea. I also got exposure to work with Technical Support teams for different patent licensing projects at Nokia. This includes preparing claim charts and evidence of use analyses, contributing directly to licensing and divestment strategies.

    This is where I gained a nuanced understanding of how the clarity and scope of a patent can directly influence its commercial value and enforceability. I began to think more holistically, not just about obtaining patents, but about building enforceable, high-quality assets that could withstand scrutiny in licensing and litigation contexts.

    Together, these two experiences helped me develop a well-rounded perspective, one that balances deep technical insight, legal precision, and strategic foresight. They taught me to view IP not just as a legal function, but as a business enabler, and that mindset has stayed with me throughout my career.

    With over 17 years of in-house patent experience, looking back, what initially inspired you to pursue a degree in law after completing your engineering? Was patent law always an area of interest, or did your passion for it evolve organically over time?

    Looking back, my path into patent law was not something I had mapped out early on. It was a journey that evolved gradually, shaped by experiences, exposure, and curiosity. What started as an interest in understanding how technology impacts real-world outcomes slowly matured into a deep, lasting passion for IP and patents.

    During my engineering years, I was always intrigued by how innovation could be protected, monetized, and scaled. Through internships and early professional experiences, I began to realize that I was drawn not just to the technical side of things, but to the intersection of technology, business, and strategy. I found myself wanting to explore the broader picture, what happens beyond the invention itself.

    That curiosity eventually led me to the field of intellectual property. I was particularly fascinated by how IP brings together technical analysis, strategic thinking, and legal structure. My initial experiences with patent work, mostly through hands-on projects and on-the-job learning, made a strong impression on me. The more I was exposed to the field, the clearer it became that I wanted to move beyond executing individual patent tasks. I was eager to contribute to broader innovation strategies and understand how legal frameworks support long-term business goals.

    As I worked across different projects and domains within the IP space, I gained a better appreciation for the breadth of the field. Patent law is vast, and exposure to varied technologies and business contexts helped me understand which aspects resonated with me the most. Over time, it became clear that deepening my legal understanding would allow me to be more effective and more strategic in my role.

    This was the turning point that led me to pursue a law degree. It was not about switching careers but about enhancing the one I was already building. Law helped me connect the dots between technology, innovation, and strategic value creation. It gave structure to the insights I had been developing through experience. 

    You’ve managed patent portfolios across major jurisdictions such as the US, Europe, Japan, China, Korea, and India. What are some of the most nuanced challenges you’ve encountered in aligning with these diverse legal frameworks?

    Yes, that’s right, managing patent portfolios across multiple jurisdictions involves navigating various topics and requirements, which can present nuanced challenges when trying to align a global strategy.

    One of the few topics to keep in mind is patent eligibility, particularly for software and business methods. Compared to other jurisdictions, the US tends to be more permissive but requires to show specific improvements in computer functionality or technological solutions to overcome eligibility rejections, following the Alice decision. Europe places strong emphasis on the technical contribution of an invention, where a business advantage alone may not be enough to establish patentability.

    Technical disclosure requirements also vary significantly, and this can impact claim amendments during prosecution. For example, the European Patent Office (EPO) is very strict about amendments not containing subject matter that extends beyond the content of the application as originally filed. When making amendments, it is important to specify where the support lies in the original application. Although exact wording is not legally required, examiners generally prefer amendments that closely match the original text. 

    Handling of prior art and grace periods differs across jurisdictions as well. The US offers a one-year grace period after disclosure, whereas Europe generally requires absolute novelty before filing. China and India allow limited grace periods under specific conditions. These differences make the timing of public disclosures and use of nondisclosure agreements important considerations.

    Inventive step criteria is another aspect to be mindful of. For example, the EPO primarily assesses inventive step using the problem-solution approach. This involves identifying the closest prior art, establishing the objective technical problem based on the differences, and determining whether the invention would have been obvious to a skilled person.

    When it comes to claims, jurisdictions also vary in their preferences and fee structures. For instance, there is often a dislike of excessive independent claims, and claim fees can increase significantly with multiple dependencies or a large number of claims. Careful planning of claim scope and format is therefore necessary to balance broad protection with cost-effectiveness.

    Overall, these jurisdictional nuances call for a careful and flexible approach. Understanding local laws, working closely with local patent agents and attorneys, tailoring claim language and prosecution strategies, and managing disclosures thoughtfully are important steps to building a patent portfolio that is both effective and enforceable across different regions.

    What inspired your transition from practicing in the Indian IP ecosystem to pursuing an international role, particularly within the U.S. patent system? After nearly a decade of working in India, how did you navigate the shift, both technically and culturally and what were some of the key experiences as you adapted to the U.S. IP landscape?

    My move to the US was not a planned career step but was driven by personal reasons. However, during my practice in India, I consistently worked with multinational companies, expatriates, senior leadership, and patent attorneys and agents from the US, Europe, and Korea. I also managed international patent portfolios and was regularly exposed to global patent laws and treaties, which provided a strong foundation for the transition.

    Technically, adapting to the US patent system involved gaining a thorough understanding of its examination procedures, claim drafting nuances, and administrative and legal standards. On the cultural side, I embraced the collaborative and fast-paced work environment, learning to navigate diverse communication styles and team dynamics effectively.

    Overall, my prior international exposure made the shift smoother and helped me quickly align with the US IP landscape while appreciating the cultural differences that enriched my professional growth.

    In your in-house roles, you’ve worked closely with engineers and product development teams to build high-value patent portfolios aligned with business strategy. From this experience, what are some common pitfalls you often see at the early stages of innovation or idea disclosure that, if left unaddressed, can lead to challenges or setbacks during later stages of patent prosecution? How can these be proactively avoided?

    A common pitfall at the early stages of innovation or idea disclosure could be insufficient technical details in the Invention Disclosures. Inventors may focus on what a new feature or a use-case is but sometimes fail to fully articulate the know-how and why behind its technical effect. This lack of depth may challenge later patent prosecution. To avoid this, we could implement a structured invention disclosure process where the patent practitioners work with the Engineers at an early phase of patent workflow and provide examples on the level of technical details needed.

    Industrial Application or Utility of Inventions. It’s good to work with Inventors to demonstrate a practical application for their inventions. Jurisdictions scrutinize “abstract ideas” or “computer programs per se.” To counter this, disclosures must highlight technical effects and improvements to, for example, existing computing or vehicles, not just a new user experience.

    Initial invention disclosures may focus solely on current product features, potentially overlooking future developments or competitive design-arounds. This can result in unduly narrow patent claims. It is therefore advisable to collaborate closely with inventors to explore potential workarounds, alternative technologies, and foreseeable product evolutions to ensure broader and more robust claim coverage.

    By proactively addressing these areas, early ideas translate into a robust, high-value patent portfolio that aligns with business strategy.

    Looking ahead, how do you foresee the role of an in-house IP professional evolving, especially in the context of generative AI, rapidly emerging technologies, and shifting regulatory environments? What skills, perspectives, or mindsets will be critical for IP professionals to stay ahead?

    The role of an in-house IP professional is fundamentally transforming, demanding consistent vigilance across both technical and legal domains due to their rapid evolution. The rise of generative AI exemplifies this shift, raising complex questions from Inventorship, AI governance and evolving standards of subject matter eligibility for AI-related inventions across different jurisdictions. Furthermore, the increasing use of AI tools in patent drafting and analysis requires us to master new proficiencies while mitigating risks like data security and “hallucinations.” Staying current in these areas is crucial, allowing IP professionals to move beyond traditional counsel to provide proactive, forward-looking strategic guidance that anticipates both technological breakthroughs and their unique legal ramifications.

    For patent professionals, this shift demands a deep understanding of these technologies, the ability to ask the right questions to the inventors so as to use the details to draft patent applications and create a patent portfolio that is robust, strategically aligned, and resilient to future developments (future-proof patent applications). Simultaneously, the use of AI in media and content generation is raising complex questions in copyright law, including issues around authorship, fair use, and derivative works. Navigating these emerging challenges requires both legal adaptability and technical insight.

    For students and young professionals exploring a transition from engineering to law and ultimately into the IP and patent domain, what advice would you offer? Could you suggest a potential roadmap or strategies to help them stay relevant and future-ready in this interdisciplinary space?

    For students and young professionals moving from engineering to patent law, the first step is to maintain your strong technical knowledge. As an engineer or STEM graduate, you have a solid foundation. Try to stay current with the latest technological trends within your specific field. Understanding the core technology is crucial, as patent law focuses on protecting innovations you thoroughly comprehend.

    Next, develop your legal knowledge. Immerse yourself in legal manuals, textbooks, and case studies. You must become comfortable with legal language, statutes, and court rulings. This new legal expertise will combine with your technical background, creating a unique and powerful skill set vital for the interdisciplinary world of intellectual property. This allows you to understand the interplay between technology and legal strategy.

    Finally, sharpen your writing skills. Much of your work will involve writing patent applications and legal arguments. Master both technical writing, for accurate invention descriptions, and legal writing, for clear application of the law. Also, cultivate essential soft skills like analytical thinking, perseverance, and attention to detail. These qualities are vital for success and will give you a distinct edge in this rewarding field.

    Balancing a demanding career with personal well-being is no small feat. How do you maintain that equilibrium? Are there personal practices, habits, or philosophies that help you stay grounded and balanced in both your personal and professional life?

    Balancing a demanding global IP role with personal well-being is vital. My approach starts with prioritizing well-being as a non-negotiable. This means regular self-care activities that recharge me. Exercise, mindfulness, hobbies, and time in nature are essential. I schedule short breaks daily to rest. Taking proper vacations allows me to truly disconnect from work. Maintaining 

    Effective time management helps me find that crucial balance. I plan my schedule carefully to allocate time for both professional responsibilities and personal commitments. This structured approach allows me to manage the high demands of my role without constant “on-call” pressure, creating a clear distinction between work and personal life.

    A strong support network is also critical. I cultivate relationships with colleagues, mentors, friends, and family. Their guidance, emotional support, and practical help are invaluable in navigating challenges. This network provides a crucial sense of community and perspective. My personal philosophy centers on finding purpose and meaning in my work, which boosts job satisfaction. I embrace continuous learning and growth to stay adaptable.

    Get in touch with Iti Negi –

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    Get in touch with Riddima Sharma –

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    Get in touch with Nithya Somasundaram –

  • “Media and IP law is a fascinating field – creative, fast-moving, and filled with opportunities, but it also takes time to find your footing.” – Thomas Joseph, Vice President – Legal at ITW Consulting Pvt. Ltd.

    “Media and IP law is a fascinating field – creative, fast-moving, and filled with opportunities, but it also takes time to find your footing.” – Thomas Joseph, Vice President – Legal at ITW Consulting Pvt. Ltd.

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

    With over a decade of experience behind you, what initially drew you to the field of media, entertainment, and technology law as your niche area of practice? Were there any specific instances or experiences in your early career that inspired this choice?

    While I was pursuing my undergraduate studies in law, I found myself naturally drawn to intellectual property law. It was the subject that most piqued my interest and felt aligned with my strengths, which led me to pursue a master’s degree specializing in IP law. I would say that I chanced into the niche of media and entertainment, rather than setting out with a deliberate plan.

    While at BananaIP Counsels, a boutique IP law firm based out of Bengaluru, where I started my career, an opportunity came up for a secondment with Yash Raj Films Pvt. Ltd., one of the most prominent film production houses in India. I happened to be available at the time and willing to make the move from Bengaluru to Mumbai. That secondment turned out to be the defining moment in my career – it exposed me to the world of media and entertainment law in a very hands-on way and sparked an enduring interest in the field.

    Over time, that interest organically expanded into the technology space, mirroring the broader industry shift from traditional theatrical models to digital streaming and content distribution. It’s been a rewarding journey watching the intersection of IP, media, and tech evolve – and being able to grow along with it.

    What motivated you to pursue law as a career in the first place? How was your experience pursuing your LL.M. in Intellectual Property Law at NLU Jodhpur, and in what ways has that specialization shaped or benefited your professional journey?

    I’d have to be absolutely transparent here: I’d be lying if I said I always wanted to be a lawyer. Growing up, I explored several career paths, and even when the time came to make a serious decision, I didn’t have a clear plan. Like most parents, mine nudged me toward becoming an engineer or a doctor. But the problem was, I was genuinely terrible at math and chemistry. To this day, integration, differentiation, and organic chemistry remain terrifying concepts! That’s when the idea of law entered the picture – something that seemed respectable enough to satisfy my parents (especially since my father was once a lawyer), and doable enough for me to take a chance on.

    That’s how I ended up in law, and while my entry wasn’t driven by some lifelong calling, I’ve loved every moment of it since. The learning process, the anxiety of the early years, the timidness in client calls, the thrill of my first contract closure – it’s been a rewarding journey in every sense.

    Pursuing my LL.M. in Intellectual Property Law at NLU Jodhpur was a pivotal experience. I still vividly remember stepping onto campus and being immediately overwhelmed by the sheer intellectual energy around me. While I already had a budding interest in IP law, the environment at NLU Jodhpur – exceptional professors, a rigorous curriculum, and fiercely bright batchmates – amplified that interest manifold. Some of my most valuable lessons came not just from the faculty, but from my peers, who constantly challenged me to think sharper and work harder.

    The academic foundation I received there has consistently supported me in my professional life, especially during complex negotiations. The theoretical grounding in IP law has helped me back my legal arguments with confidence and clarity. I truly credit NLU Jodhpur for deepening my interest in intellectual property and for equipping me with the tools that continue to shape my practice to this day.

    You began your career with a prominent IP law firm. How did that experience help deepen your understanding of intellectual property law, and what aspects of that role proved to be particularly beneficial in building your foundation?

    I began my career with BananaIP Counsels, a boutique IP law firm based in Bengaluru. For any young lawyer keen on intellectual property law, I’d say it’s one of the best places to start – and that’s coming from firsthand experience. The kind of exposure and practical learning I received there helped build a solid foundation that I continue to rely on to this day.

    In the initial months, I was completely immersed in trademarks, copyrights, and designs, primarily focused on registration and prosecution work. BananaIP managed a massive portfolio for clients across diverse sectors, most of which were still at the prosecution stage. I was part of a two-member team handling the entire portfolio, which meant I was thrown into the deep end very early on. It was intense, but incredibly enriching. That level of responsibility so early in my career helped me develop a strong grip on the basics and a sense of confidence in client-facing work. One of the things I particularly enjoyed was engaging with clients, understanding their businesses, their concerns, and helping them make informed decisions. 

    The first contract I ever worked on was a software development agreement, and it was anything but simple. At the time, I felt like I was stretching every intellectual muscle I had, even though in hindsight, my contribution was probably quite limited! Still, I remember enjoying the process thoroughly – it was a taste of what was to come.

    The secondment with Yash Raj Films, as I mentioned earlier, was a turning point. It marked my entry into the world of film production agreements, artist contracts, licensing and merchandising arrangements – areas I wouldn’t have accessed so early in my career if not for that opportunity. I firmly believe that I have had takeaways from each and every contract that I have worked on, and the negotiations around them.

    While I may not have applied it consistently over the years, one lesson from my time at BananaIP that has stayed with me is the understanding that a contract doesn’t need to be 50 or 100 pages long to be effective. I learned this early on under the guidance of Dr. Kalyan C. Kankanala, the Managing Partner. With the right language and clarity, even a concise document can robustly protect a client’s interests. It’s a principle I continue to keep in mind with every deal I work on.

    After your time with the law firm, you transitioned into in-house legal roles. What prompted that shift, and what differences did you observe in terms of work culture, responsibilities, and expectations between law firm and corporate legal environments?

    The engagement with Yash Raj Films (YRF) gave me an initial taste of the in-house life – though not entirely, since it was still a secondment. I was technically still a firm representative, embedded within a corporate setup. That said, I was dedicated exclusively to YRF and found myself enjoying what seemed like the relatively comfortable pace of an in-house role. Being in the media and entertainment space definitely had its allure as well, and I was keen to explore the other side. 

    But I soon realised how misleading that perception was!

    When I eventually transitioned into a full-fledged in-house role, I quickly understood that the challenges are very real – just different from those in a law firm setting. Gone were the days where I could present multiple legal options to a client and leave the final decision to them. As in-house counsel, you’re not just an advisor – you’re a stakeholder. The responsibility to safeguard the organisation’s interests rests squarely on your shoulders, and that burden isn’t one to be taken lightly.

    You have to own every piece of advice you give, make judgment calls with clarity, and ensure that risks are mitigated to the greatest extent possible. It’s a role that demands both precision and accountability.

    While I do sometimes appreciate not having to worry about business development targets – something law firm lawyers are always chasing – I’ve also come to understand just how critical relationship building is within an in-house setup. Whether it’s negotiating a contract or resolving a dispute, trust and rapport with internal teams and external partners make all the difference in getting things done efficiently.

    During your time at Sony Pictures Networks, you dealt with a wide range of legal responsibilities, from content acquisition and syndication to anti-piracy and artist engagement. What were some of the major legal or strategic challenges you encountered in that role?

    My time at Sony Pictures Networks was incredibly enriching and dynamic. I was brought on board specifically to handle the legal work for Sony’s sports network of channels – a significant shift from my prior experience, which had been largely focused on films. That transition itself was a steep learning curve. Sports broadcasting brought with it a whole new set of commercial structures, rights frameworks, and timelines. But it also offered a fantastic opportunity to expand my understanding of the broader media ecosystem and quickly adapt to a fast-paced, high-stakes environment.

    We had a very lean team at Sony, which came with its advantages. The exposure I received there was tremendous—not only in terms of the volume of work but also the variety. Fortunately, Sony as an organisation extended to me the flexibility to go beyond sports, and I had the opportunity to work on transactions related to entertainment content as well—both regional and international. This included production agreements, satellite service arrangements, IT services, and more. It gave me a well-rounded perspective of the business and the interconnectivity between various content verticals.

    The breadth of work – from content acquisition and syndication to anti-piracy, platform distribution, marketing, and brand partnerships – meant that no two days were ever the same. I particularly enjoyed working on contracts related to Sony’s digital streaming platform, SonyLIV. It was exciting to be part of the team navigating the legal landscape for a platform that was growing rapidly and experimenting with new formats, content categories, and user engagement models. Drafting and negotiating deals for SonyLIV required a different lens, one that considered evolving consumption patterns, dynamic digital rights, and a constantly shifting regulatory backdrop.

    One of the major legal and strategic challenges I encountered was in the area of content acquisition and syndication, particularly in navigating the complexities of rights management across multiple platforms and territories. With the growing dominance of digital platforms and shifting consumer behaviours, it became crucial to ensure that the licensing frameworks we were working with were future-ready, accounting for evolving monetisation models like OTT distribution, catch-up rights, and platform-specific windows. Negotiating these deals required a strong grasp of both legal nuance and business strategy, especially when dealing with high-value content.

    Anti-piracy was another area that stood out as both challenging and rewarding. The legal framework was only part of the solution – what truly made a difference was working cross-functionally with technical teams, content security partners, and external counsel to develop a holistic strategy. We had to move fast, be proactive, and often act under significant time pressure to protect high-value broadcast properties from unauthorised distribution online.

    Overall, my time at Sony helped sharpen my commercial acumen just as much as my legal skills. I was fortunate to work alongside brilliant business and creative minds, and I walked away with a deeper understanding of how to structure deals that are legally sound, commercially viable, and operationally practical.

    As Vice President – Legal now, you manage complex global commercial contracts across industries like media, gaming, and cryptocurrency. How did you navigate legal challenges in emerging and often uncertain areas like cryptocurrency, where the regulatory framework is still developing?

    As Vice President – Legal at ITW Consulting Pvt. Ltd., a leading sports marketing consultancy, I’ve had the opportunity to work across a wide spectrum of sectors, including cryptocurrency platforms and brokers. While our core domain is sports marketing, our client base is incredibly diverse, and increasingly includes players from emerging sectors like crypto who are keen on expanding their market footprint through promotional campaigns and activations.

    One of the more nuanced legal challenges in this space has been navigating the advertising and marketing compliance landscape for crypto-related clients. The regulatory framework around cryptocurrency in India continues to evolve and remains somewhat fragmented, particularly in the context of promotion and advertising. This makes it critical for us to be proactive and cautious when facilitating campaigns for such clients, especially those involving high-visibility assets like athlete endorsements, jersey branding, and on-ground activations during major sporting events.

    Advertising, particularly in the crypto space, is highly dynamic. Over the past couple of years, we’ve seen increased scrutiny from regulators and self-regulatory bodies like the Advertising Standards Council of India (ASCI). The ASCI guidelines, for instance, mandate that all crypto-related ads carry specific disclaimers, avoid misleading statements, and are framed in a way that ensures consumer awareness of the associated risks. These requirements apply not just to traditional media but also to digital formats, influencer-led promotions, and branded content.

    In our role, we take it upon ourselves to closely monitor regulatory developments and ensure that the marketing campaigns we help structure are fully compliant. This involves vetting creatives, advising on appropriate language and disclaimers, coordinating with talent managers to ensure alignment with endorsement regulations, and flagging any potential reputational or legal exposure to both the client and the sporting entities involved.

    What makes this particularly challenging is the pace at which the landscape changes. We’ve had instances where guidelines were updated mid-campaign cycle, requiring real-time legal intervention and rapid reworking of campaign material. It has reinforced the need for agility and close coordination between legal, creative, and client servicing teams.

    Overall, the experience of working with crypto clients has sharpened our ability to operate within uncertain legal terrain while still enabling effective, compliant brand campaigns. It’s an ongoing balancing act – protecting the interests of all stakeholders while allowing innovation in the way brands engage with sports audiences. 

    Currently, your company operates across jurisdictions such as the UK, UAE, Sri Lanka and Bangladesh. How do you handle cross-border legal compliances, especially when it comes to reconciling differing regulatory standards, managing jurisdictional risks, and ensuring contractual consistency? 

    At ITW, our operations span multiple jurisdictions including the UK, UAE, Sri Lanka and Bangladesh, each with its own unique regulatory and commercial landscape. Managing legal compliance across these markets requires a combination of structured internal processes, a proactive risk management approach, and at times, collaboration with reliable local counsel. 

    Our approach typically begins with in-depth legal research to understand the local regulatory environment and identify key areas where local laws diverge from Indian law or from each other. This helps us tailor our contractual structures accordingly and flag jurisdiction-specific risks early in the deal cycle.  Where matters are particularly nuanced, sensitive, or enforcement-heavy, we do supplement our internal research with guidance from trusted local counsels. However, we remain deeply involved in the interpretation and application of such advice to ensure it aligns with our business context and deal objectives.

    One of the core challenges is reconciling differing regulatory standards, particularly around areas like advertising laws, data protection, taxation, anti-bribery, and foreign exchange regulations. The first step is always jurisdictional risk mapping: understanding where local laws diverge significantly from Indian legal standards or from each other, and identifying areas that may require bespoke contractual treatment. 

    We mitigate these risks by working closely with experienced local counsel in each jurisdiction, especially when it comes to structuring agreements, reviewing campaign compliance requirements, or interpreting local laws that impact talent contracts, IP rights, or payment flows. We also build jurisdiction-specific clauses into our contracts, ranging from governing law and dispute resolution mechanisms to regulatory compliance representations and exit rights, ensuring each agreement is not only enforceable but also commercially viable across markets.

    Contractual consistency across jurisdictions is another key priority. While commercial terms may vary, we maintain a common legal backbone for our master service agreements, advertising agreements, and IP licensing documents. This standardisation ensures internal clarity and operational ease, while still allowing flexibility for local adaptation.

    Additionally, we’ve institutionalised internal legal review protocols for cross-border deals, including multi-tier approval processes, and regular compliance check-ins with our business and finance teams. 

    Ultimately, operating across borders requires striking a balance between legal risk management and commercial pragmatism. Our goal is to be a business enabler, facilitating seamless execution while ensuring that every deal aligns with both global compliance standards and local legal realities.

    Looking back, what has been one of the most challenging cases or experiences you’ve faced in your legal career, and how did you overcome it? Also, how do you stay updated with the ever-evolving landscape of IP and technology law?

    I’ve always found answering the first question quite challenging. Unfortunately, I wouldn’t be able to give you a straight answer in this instance either. All I can say is that whenever I’ve faced challenges during the course of my career, they felt at the time like insurmountable mountains – situations I had no idea how I’d navigate. Some of those I managed to overcome; in many others, I failed miserably. But with the benefit of hindsight, I now view those moments through the lens of what they taught me. Often, I find myself wondering if they were really as daunting as they seemed back then. What has remained with me are the lessons – whether it was about managing expectations, communicating under pressure, or simply learning how not to handle a situation. Every experience has contributed to shaping how I approach my work today.

    As for staying updated with the ever-evolving landscape of IP and technology law, I try to stay curious and consistent in my learning. I regularly track regulatory updates, case law developments, and global trends through a mix of legal journals, newsletters, and reliable blogs, both domestic and international. I also find that industry-specific reports and thought pieces published by consulting firms often provide valuable insight into how law intersects with business strategy in tech and media.

    Most importantly, I learn a lot through practical exposure, by working on transactions that push the boundaries of existing frameworks and force me to explore new interpretations. In many ways, the clients and teams I work with keep me on my toes more than any publication can. Conversations, negotiations, and even internal debates often lead to the most meaningful learning moments.

    What advice would you offer to young lawyers or law students aspiring to enter the dynamic fields of media and IP law? Are there any values, habits, or skills they should focus on developing early in their careers?

    If I had to give one piece of advice to young lawyers or law students aspiring to enter the world of media and IP law, it would be this: stay curious and stay patient.

    It’s a fascinating field – creative, fast-moving, and filled with opportunities, but it also takes time to find your footing. You might start out doing what seems like routine or administrative work, but those early experiences often lay the strongest foundations. Be open to learning from everything, even the smallest tasks.

    Develop the habit of reading – contracts, case law, industry news. Understanding how the law interacts with business, creativity, and technology is key in this space. At the same time, work on your communication skills. You don’t just need to know the law – you need to be able to explain it clearly to people who may not.

    Another thing I’d say is: don’t be afraid to ask questions. Some of the best learning I’ve had came from simply being curious enough to say, “I don’t understand, can you explain?” Over the years, I’ve also found that when younger colleagues or interns ask me questions, it often leads to discussions that help me reflect and learn as well. Sometimes, their questions challenge assumptions or bring in a fresh perspective I hadn’t considered. Those exchanges are some of the most rewarding parts of the job, and a reminder that learning is always a two-way street.

    And finally, be kind, to yourself and others. Law can be intense, and it’s easy to get caught up in chasing the next big thing. But if you focus on doing good work, being dependable, and staying grounded, the rest has a way of falling into place.

    There’s no one path to success in this field, and that’s the beauty of it. So take your time, build your skills, and don’t forget to enjoy the ride.

    Lastly, given the demanding nature of your work, how do you strike a balance between your professional and personal life? What does unwinding or relaxing look like for you?

    To be honest, that’s something I’m still figuring out. Striking a balance between work and personal life doesn’t come naturally to me – disconnecting from work can be difficult, especially when you’re fully invested in what you do. Thankfully, I have a very strict (albeit quite understanding) wife and the cutest one-year-old who keep me in check and remind me when it’s time to log off.

    Unwinding, for me, is all about the simple joys – spending time with my family, catching up with friends, planning a quick trip, or just having a quiet evening at home. I enjoy reading, and I try to stay active through football, badminton, and more recently, pickleball (was just curious to know what the fuss was all about, but I’ve grown to really like it).

    Balance is still a work in progress, but I’m grateful for the people and little routines in my life that help me step away from the legal grind and recharge.

    Get in touch with Thomas Joseph –

  • “It must be understood that true inclusion lies in recognising difference, not ignoring it, and creating conditions that enable success on equal terms.” – Karan Kamra, Intellectual Property Lawyer.

    “It must be understood that true inclusion lies in recognising difference, not ignoring it, and creating conditions that enable success on equal terms.” – Karan Kamra, Intellectual Property Lawyer.

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

    Your journey from Dhanbad to where you stand today is truly inspiring. How have your personal experiences and academic background in Political Science shaped your decision to pursue law, and how have they influenced your strong legal journey and commitment to the profession?

    I’m a first-generation lawyer, born into a family deeply rooted in the pharmaceutical business, a world far removed from the courts and statutes that now define my everyday life. Growing up with cerebral palsy in a small town like Dhanbad, I often felt the need to prove myself – to be seen, to be heard, and to be taken seriously. For me, the black coat was more than a symbol of the legal profession, it  signified  a  possibility – that merit could speak louder than mobility and that confidence and conviction could override any preconceived notions about ability. 

    I came to Delhi and pursued Political Science. The discipline deepened my understanding of the Constitution, legal systems, and power structures. It eventually led me to Campus Law Centre, Faculty of Law where I discovered my calling in Intellectual Property law. 

    My personal experience instilled in me a deep sense of resilience, to persist, adapt, and advocate in a world not always built for difference.  At the same time, my academic grounding in Political Science gave me a strong structural lens helping me understand laws and  their intricate interplay with legal systems and institutions.  

    This foundation, combined with lived experience, has shaped not just how I view the law but how I approach Intellectual Property, with empathy for creators and right holders,  strategic thinking for brand protection, and a deep sense of purpose in safeguarding invention.  

    In the early phase of your career, you worked  in a full-service law firm and an independent  general practitioner. What motivated your transition into intellectual property law, and how did those foundational years shape your current approach to IP practice? 

    In the early phase of my career, working with a full-service law firm and an independent  general practitioner exposed me to the breadth and intensity of legal practice – from civil suits to commercial disputes. It was a rigorous training ground that honed my advocacy, research, and drafting skills. 

    I began noticing how deeply brands, trademarks,  domain names, content, and technology were getting intertwined with legal disputes. I was drawn to the unique intersection of law, commerce, and creativity that intellectual property law offered. The shift to IP felt organic—it allowed me to work not just reactively in disputes, but also proactively with creators, individuals and businesses to safeguard what they were building. 

    Those foundational litigation years instilled in me a detail-oriented, strategic mindset. They taught me how to anticipate risks, think like a litigator even in advisory work, and approach IP not in isolation, but in its commercial and legal context. 

    You’ve represented clients in domain name disputes before WIPO and INDRP. Could you walk us through your experience in this space? What are some of the key legal and strategic challenges entities commonly face in such matters? 

    The legal framework under both WIPO’s UDRP and India’s INDRP is robust but exacting, placing the onus on the Complainant to establish three core elements: (1) that the domain is identical or confusingly similar to a trademark in which it has rights, (2) that the registrant lacks legitimate interests in the domain, and (3) that the domain has been registered and is being used in bad faith. While WIPO offers quicker, globally recognized redress—typically resolving disputes within 60–75 days—INDRP is key for .in domain disputes and may take 3–6 months or more due to procedural flexibilities and single-arbitrator handling under NIXI.

    Success before both forums relies heavily on the Complainant’s ability to present comprehensive evidence, including proof of trademark rights, prior and continuous use, and supporting documentation like screenshots of misuse, WHOIS records, archived web content, and prior communications. This evidence must clearly align with the legal criteria, particularly to demonstrate the registrant’s bad faith and lack of legitimate interest. The process is evidence-driven and leaves little room for error.

    One of the significant challenges is that infringers often hide behind privacy services or proxy registrations, making it harder to trace the true registrant. WIPO has mechanisms in place to request unmasking, usually coordinated with the registrar, though it’s not guaranteed. INDRP poses more hurdles due to NIXI’s limited procedural transparency and lack of early disclosure protocols. In such cases, complainants must rely on circumstantial and digital forensics—such as WHOIS history, DNS and IP data, website metadata, and linkages across abusive registrations—to build a strong, inferential case.

    While dealing with software piracy and advising software firms, what major trends and challenges have you observed globally? How do you think India’s legal and enforcement mechanisms compare with international frameworks in addressing piracy?

    Software piracy today has evolved into a highly complex and dynamic threat, fuelled by digital proliferation and the increasing sophistication of infringers. We’ve seen a decisive shift from physical duplication to digital piracy, with unauthorized downloads, license key sharing, and hacked installations spreading through torrent sites, web platforms, and even on social media and e-commerce portals. A major trend is the rise of ‘cracked’ enterprise solutions being sold at a fraction of their actual price, often through resellers masquerading as legitimate vendors. In the SaaS ecosystem, misuse takes subtler forms – such as license overuse, unauthorized API calls, credential stuffing, and cloning of proprietary software models.

    From a comparative lens, India’s enforcement mechanisms have strengthened in recent years. Courts have become more proactive in granting Anton Piller orders, John Doe orders, and dynamic injunctions to block rogue websites. The IT Act and Rules coupled with the Copyright Act, provides a statutory framework for enforcement, and cybercrime units in metro cities are increasingly equipped to tackle software piracy, especially in B2B settings.

    However, when compared with jurisdictions like the U.S., EU, or even Singapore, India still lags in certain areas- particularly in digital forensics, quick takedown protocols and cross-border enforcement cooperation. Lack of digital IP expertise in certain enforcement bodies and different judicial approaches to damages also pose challenges.

    To combat this, software companies must take a multi-pronged strategy: strong, enforceable EULAs with audit rights; proactive license tracking using Software Asset Management (SAM) tools; deployment of digital watermarking and DRM technologies; and active online surveillance of infringing platforms. Legal action must often be supported by pre-suit investigations to establish unauthorized use, followed by civil enforcement and, where appropriate, criminal prosecution. 

    The most effective anti-piracy efforts globally involve a mix of litigation, technology, partnerships with enforcement agencies, and user education, something India is slowly but surely aligning itself. 

    You’ve also championed client interests during mediations at the Delhi High Court Mediation Centre. In your view, how effective is mediation in resolving complex IP disputes, and what role does it play in balancing commercial and legal interests?

    Mediation, especially in the context of IP disputes, can be a remarkably effective tool when approached with the right mindset. At the Delhi High Court Mediation Centre, I’ve seen firsthand how it creates space for parties to move beyond rigid legal positions and engage in commercially meaningful dialogue. Unlike litigation, which is often adversarial and time-consuming, mediation allows for tailored, confidential, and business-sensitive solutions, making it particularly valuable in high-stakes IP matters. 

    In disputes involving brand reputation, time-to-market pressures or ongoing commercial relationships, mediation offers the flexibility to craft outcomes that litigation may not be equipped to provide, such as licensing arrangements, joint ventures, or mutually acceptable phased withdrawals. Pre-suit mediation, in particular, has emerged as a powerful tool to resolve conflicts early, avoid escalation, and maintain goodwill – saving time, cost, and reputational strain.

    Ultimately, mediation helps balance legal rights with commercial realities. It empowers clients to co-create outcomes that serve both legal and business interests. In an IP landscape shaped by innovation and speed, mediation is increasingly becoming a strategic first step—particularly effective in resolving disputes early and efficiently, with the exception of aggravated cases of infringement or passing off that merit litigation.

    Having advised multinational clients in sectors such as automotive, pharmaceuticals, e-commerce, and hospitality, what unique IP challenges have you seen in the automotive sector? What preventive strategies would you recommend to avoid trademark issues early on?

    The automotive sector in India faces distinct IP challenges due to its vast supply chain, aggressive branding strategies, and a rapidly growing aftermarket ecosystem.  Trademark infringement today extends beyond core brand names and registered marks to include sub-brands, model names, variant tags, and even alphanumeric identifiers. Infringers, particularly in the spare parts and accessories markets, routinely misuse these marks to falsely suggest association or compatibility to original vehicle manufacturers (the rightful IP holders). This not only dilutes brand equity but also risks consumer deception and safety, especially when counterfeit or substandard parts and accessories are involved. 

    A common defence invoked by unauthorised sellers is Section 30(2)(d) of the Trade Marks Act, which allows the use of a registered mark to indicate the intended purpose of a product or service (e.g., “compatible with Brand X”). However, this defence is not absolute. The protection under the provision ceases to apply where the use is not in accordance with honest industrial or commercial practices, or where it takes unfair advantage of  or is detrimental to the distinctive character or repute of the mark. In the automotive space, this line is often crossed when infringers stylise logos, mimic trade dress, or market counterfeit parts under the guise of compatibility.

    Design infringement is another major concern, especially with regard to spare parts like headlights, grills, mirrors, and alloy wheels. Many of these are reverse-engineered and sold in the grey market without authorization, undermining both brand value and consumer safety. Companies often fail to register industrial designs or delay doing so, weakening their enforcement stance in cases of replication by third-party manufacturer.

    To address this, companies must actively monitor and enforce rights not just in their principal marks but also in model-specific and component-related branding, which are often more vulnerable. Registering sub-brands and variant names in relevant classes, including digital and retail categories, is key. Furthermore, legal notices and litigation should specifically challenge bad-faith use that exceeds the scope of Section 30(2) (d) focusing on consumer confusion, deceptive marketing, and reputational harm. 

    On the design front, preventive strategies include timely registration of industrial designs for high-risk components such as headlights, mirrors, grilles, and alloy wheels, especially those with distinctive visual appeal likely to be replicated. Companies should conduct regular design audits, embed subtle identifiers to support enforcement, and use border enforcement mechanisms to block infringing imports. Where misuse persists, design infringement lawsuits under the Designs Act, 2000—seeking injunctions, damages, and delivery of infringing goods—are vital tools to deter copycats and affirm rights. Combined with trademark enforcement, these steps help safeguard brand equity and product integrity across the automotive ecosystem.

    You’ve often mentored and guided younger professionals. What advice would you offer to law students or litigators looking to shift to IP law, and what resources or habits can help them stay competitive and updated in this fast-evolving domain? 

    For law students or litigators looking to transition into IP law, my first piece of advice would be: ‘cultivate curiosity’. It is important to ground yourself in the fundamentals—copyrights, trademarks, patents, and designs but it is equally imperative to go beyond textbooks. Following case law developments and tracking decisions of various courts, as well as international bodies like WIPO and dispute resolution platforms like INDRP, is essential. These decisions not only reflect how the law is being interpreted in real time but also reveal emerging trends, judicial attitudes, and strategic nuances that shape IP enforcement and protection.

    Using legal search engines like Manupatra and Westlaw, staying tuned into online news portals such as Live Law and Bar & Bench, and regularly reading blogs like SpicyIP and IPKat are excellent ways to stay updated. Newsletters, national and international legal magazines and webinars (hosted by bar associations or IP firms) also offer timely insights into evolving jurisprudence and policy shifts.  

    I would recommend interning with or working alongside seasoned practitioners. Many young professionals grow the most by observing and absorbing. Simply being in the room with experienced lawyers, watching how they interpret statutes, craft arguments and strategy and navigate court dynamics can shape your legal thinking in ways that are both subtle and lasting. Know the procedure as regards court filings and court practice. Most importantly, stay open to learning and listening whether from seniors, peers, or juniors. The humility will keep you sharp and grounded. 

    Balancing demanding professional responsibilities with personal well-being is no small feat. How do you manage this balance, and what practices or mindset have helped you stay grounded over the years? 

    Balancing the intensity of legal practice with personal well-being has been one of the most challenging and ongoing lessons of my career. In the early years, it was easy to get swept up in the long hours and high-pressure deadlines and the constant push to prove myself. But over time, I’ve come to realize that sustainability in this profession requires more than endurance, it needs intentionality, boundaries and deliberate pauses. 

    Balance comes from prioritizing high-impact tasks and pressing deadlines, while simultaneously planning a clear roadmap for research, preparation, and argument execution in other matters. This structured approach ensures that urgent work is handled efficiently without losing sight of long-term responsibilities, helping me stay steady, focused, and prepared across all fronts. 

    Spending time with family and friends, engaging in conversations beyond law, and learning to disconnect have become vital. Music, movies, and books are more than just breaks, they’re essential tools to break monotony, spark creativity, and keep me grounded.

    From being mentored by senior lawyers to independently handling high-stakes litigation, your journey has been marked by growth and learning. What are some of the most valuable lessons you’ve carried forward, especially when it comes to leadership and courtroom advocacy?

    Every journey has its highs and lows, and mine has been no exception. I did make my share of mistakes in the early years – be it in court, professional interactions, or even client handling. Each misstep became a valuable lesson. I learnt to face embarrassment, accept feedback, and grow from it. One of the most important lessons was to remain both tenacious in facing challenges and malleable enough to learn from seniors and peers—an essential balance not just at the start, but throughout one’s legal career.

    I’m deeply grateful for the mentorship I received, especially from Mr. Achuthan Shreekumar, Mr. Saif Khan and Ms. Binny Kalra in my early years. They taught me to take full ownership of my work, to be meticulous in my preparation, and to argue with clarity, conviction, and courage. These values continue to guide me through complex matters and high-pressure situations in court with balance and self-belief. 

    Observing some of the finest legal minds during my legal career has been my privilege. It has helped me absorb the nuances of court craft, statutory interpretation, and legal strategy, often through a quiet process of osmosis.

    Equally important have been the lessons in procedural rigour, understanding filings, registry practices, court processes, and client coordination. Perhaps most importantly, I’ve learned to listen, whether to seniors, peers, or juniors. Staying open and receptive has I’ve imbibed the importance of discipline, resilience, ethics, and a commitment to timeline – qualities that help build a legal culture that respects creativity, integrity, and innovation.  

    As a lawyer with cerebral palsy, you’ve spoken powerfully about inclusion and structural challenges. What changes would you like to see in the legal industry to make it more accessible, and how can organizations move from intent to implementation on this aspect?

    Navigating the legal profession as a differently-abled lawyer has been a mixed journey. I’ve been fortunate to encounter mentors and colleagues who valued my credentials and potential over visible physical limitations. Despite the same, I’ve also faced scepticism—about whether I could handle the physical demands of litigation or keep pace in a high-pressure environment. These misconceptions stem from deeper social conditioning around disability and competence. The only real way to counter them is through consistent performance, meaningful outcomes, and quiet persistence.

    Over time, I’ve realised the issue isn’t about access to opportunity. Many firms today are open to hiring professionals with disabilities, especially as diversity becomes a core organisational value. The real challenge lies in organisations being  truly disability-cognizant beyond the point of entry. 

    Genuine inclusion means going beyond symbolic representation—it requires accessible infrastructure, assistive tech and software apps, flexible work schedules. Most importantly, more organisations need to invest in inclusive training across teams and levels and to build  a culture rooted in empathy, understanding, and intentional dialogue. Equally important is addressing ‘disability blindness’—the expectation that disabled professionals meet identical performance standards without acknowledging their physical limitation or the systemic barriers they navigate. It must be understood that true inclusion lies in recognising difference, not ignoring it and creating conditions that enable success on equal terms. 

    Looking ahead, how do you see IP law evolving over the next decade, especially with the rise of AI-generated content, deepfakes, and non-traditional trademarks? What key reforms or innovations do you think are essential to future-proof the IP framework?

    Over the next decade, IP law in India will be under mounting pressure to modernise in response to rapid technological advances. AI generated content fundamentally challenges the traditional copyright framework, which is centred on human authorship and originality. As machines autonomously create literary, artistic, and musical works, existing laws struggle to define ownership, liability, and infringement. To address this, regulatory clarity is essential either through specific amendments to the Copyright Act or by introducing sui generis protections tailored to AI generated  and machine generated content. 

    To address deepfake misuse, India’s IP regime must strengthen personality rights to prevent unauthorized digital cloning of a person’s image, voice, or likeness, especially for commercial use. There must be an expansion of the scope of ‘misrepresentation’ under  trademark and passing-off laws to cover deepfake endorsements or AI-generated impersonations that mislead consumers or dilutes brand identity. 

    Additionally, there must  be  an introduction of mandatory disclosure or watermarking requirements for AI-generated or manipulated content, especially on social media or commercial platforms, to ensure transparency and traceability. Lastly, there is a need of faster takedown mechanisms and intermediary liability guidelines tailored to AI and deepfake content under IP enforcement rules, empowering right holders to act swiftly.

    Trademark law must evolve to protect non-traditional marks like sound, scent, motion, and holograms. With businesses increasingly operating in digital-first or virtual environments, including the metaverse,  the law must address how trademarks function when use is no longer confined to physical goods or services. This will require not only legislative amendments but also updated examination guidelines, jurisprudence, and technological competence within the Trademark Registry and Judiciary. 

    Get in touch with Karan Kamra –

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    Get in touch with Geetanjali Visvanathan –

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    Get in touch with Utsav Mukherjee –

  • “To be able to make a career in the field of IP, one should be creative or at least understand certain facets or methods of its expression. You should have the zeal to learn more and more everyday.” – Zainab Syed, Founder of Zainab Syed & Associates.

    “To be able to make a career in the field of IP, one should be creative or at least understand certain facets or methods of its expression. You should have the zeal to learn more and more everyday.” – Zainab Syed, Founder of Zainab Syed & Associates.

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

    Maam, you have an impressive background, having completed your schooling in Kuwait and your law degree in Kashmir. Can you share some experiences from your early years that inspired you to pursue a career in law? What aspects of the field motivated you to become a lawyer?

    Thank you. Well, from the very beginning, I have been quite principled and straight forward, advocating for whatever I believed to be the right thing. I was also elected as the school head girl, which made me quite responsible and vocal at the same time. My family is my support system, my parents instilled in me and my siblings a good work ethic and the importance of hard work and dedication. So, it was quite natural for me to choose this as a profession. I also landed myself a job with Amnesty International, soon after I gave my class 12th CBSE ( gulf) board exams . The job was at the Indian Embassy of Kuwait, wherein me and my team were helping with sending back Expats to India, who had been forcibly detained in the country with no documents in their possession. We helped so many helpless trapped Indians during that time. This is when I saw the real world, the injustice and helpless people looking for hope in us, being able to help these people made me realise that this is what I want to do in life.

    I am a very empathetic human being, at times it does have a negative impact on my life or my decisions, but I think that is how I was raised and I’m proud of it and always will be. Everything about this field motivates you to become a lawyer, however, if I have to name some of the aspects, they would be as under:

    • It’s a mental marathon that offers endless opportunities for problem-solving and critical thinking. 
    • Lawyers often find themselves at the forefront of societal change, advocating for individuals and communities. 
    • Lawyers stand as the principal architects of legal frameworks that safeguard civil liberties and shield the marginalized.
    • Through their steadfast commitment to furthering social equity, provision of pro bono services, and facilitation of access to justice, lawyers emerge as pivotal agents in fostering equity and parity.

    Early in your career, you worked at the High Court of Jammu and Kashmir, handling cases related to service matters, property disputes, family issues, and more. What are some key experiences from that time that shaped your legal understanding and laid the foundation for your practice?

    After completing my law degree from Kashmir, and getting my license to practice, I decided to join the High Court of Jammu & Kashmir under the guidance of a very renowned and senior Advocate Mr. Syed Manzoor Hussain, who has an expertise of over 40 years now. Working with him, I learnt so many aspects of law which I had only read about. The whole experience of working with him in matters related to Service, property, defamation, Matrimony etc helped shape my career in the initial days. I remember the first time I appeared in Court, I got a favourable order in our matter, and the Hon’ble Justice at that time, commended me for my boldness and confidence, which increased my morale ten times more than what I had walked in with. Working at the High Court with my Senior, taught me that not all days will be in your favour, some may be against you, and it is then that your caliber and patience is tested. I remember working with my senior and assisting him in a service matter wherein even after having worked for more than 20-25 years in the Sericulture Dept of Jammu & Kashmir, the employees were not regularised by the govt, which should have been done, soon after they had finished 7 years of service, and after citing numerous judgements, submitting ample evidence, we finally managed to get them regularised. There were other matters also, like property disputes, salaries being withheld and unlawful terminations that we were able to get relief granted for our Clients. However, it won’t be fair to deny having any bad experiences, and those bad ones teach you to be more particular about your choices, and show you your hidden potential.

    After joining SS Rana as a Senior Trademark Attorney and handling tasks like trademark filing, prosecution, and responding to examination reports, how did your experience in Intellectual Property Law compare to your previous work in the court? How did the work culture differ?

    I shifted to Delhi after the 2013 floods in Kashmir that crippled life there, everything from records to documents were destroyed. It was then that Mr. Senior, who had seen the amount of hard work and dedication I had put in those 2 years, suggested that I move to Delhi as things would take quite some time to get normalized back there. It was definitely a very tough decision to move to Delhi and start afresh, but like they say “Accept what is, let go of what was, and have faith in what will be” , and that is what I did.

    I joined S.S.Rana & Associates as a Junior Associate Advocate. This was an IPR law firm and I had no experience in this field, and IPR had been my favourite subject back in the University. I was lucky enough to be working under Mr. Vikrant Rana ( Managing Partner) in the Trade Marks Department. He believed that we need to partner with our clients, make their concerns our own, understand their businesses, and proactively get out in front of their problems without actually getting out in front of them. I believe that the biggest achievement in my career and what boosted my confidence is when your ideas or suggestions are taken positively and also implemented by Senior Lawyers or whom you work under. Under the guidance of Mr. Vikrant Rana I became a pro in Trademark matters, as I already had a flair for writing, and an eye for detail my examination report replies became popular among the team, Within a short span of time, I was training juniors in Trademark Department, handling complex cases and giving legal suggestions for IPR protection not just to National but international Clients as well.

    I guess it was my honesty and dedication that always made me visible and stand out in the crowd. I had never imagined that Intellectual Property Rights were this vast and interesting, I guess the subject only teaches you 10% of what the law actually is. The work culture differed in this way that instead of having 1 senior to report to at the High Court, here I had the opportunity to learn from everyone, my knowledge was not restricted to the belief and ideas of one individual but it was open to accepting new things from so many different skilled and intelligent minds. Also of course, as we didn’t directly deal with clients on a daily basis unlike my previous workplace, this helped with the stress of client dealing.

    On a lighter note, I remember when I was at the High Court, there was this very old Client of ours, almost 70-75 years of age , he would come to Court almost every other day, even if his matter would have been listed after 3-4 months, he visited every week without fail, asking about the status of his property dispute matter. When asked why are you here every week, he replied “I enjoy seeing you all work like this, I never had to work this hard in my entire life, I guess I was lucky, and to be honest, I don’t actually have anything more important to do”, I am sure, as I write this interview, he must be sitting in one of the courtrooms at Srinagar.

    Following your tenure at a law firm, you transitioned to working as IPR counsel for several companies, managing their IP portfolios and providing legal advisory. What motivated this shift, and how did you navigate the complexities of this role?

    I quit my job after the pandemic hit us, and took the decision of moving back to Kashmir, as we all know how serious it had gone back then, having lost a few loved ones back home, I realized that i had to be where my family is, as my family means the world to me. So it wouldn’t be wrong to say that all Natural Calamities happening in my life, brought with them a new hope and a new beginning for me. As I had already learnt the art of managing clients and their brands, it didn’t take me much time to make a Client base of my own, in my own home town. To be honest, these brands I worked for, all belong to Kashmir, and it was I who had approached them and introduced the concept of IPR protection and the importance of IPR in their business, that is how I got to work with them.

    This role did indeed bring with it many issues or complexities, as Intellectual Property Rights were not very popular or known to the people in my home town, and even though we have way too much IP out there to protect, we had issues, issues like business owners using identical names for their business and wanting to protect their brand, or business owners not wanting to take legal action against parties infringing their IP. For such issues, we started educating the business owners about the importance of IPR and the benefits of protecting their IP.

    What led you to establish your own practice? What were the challenges you faced in the initial stages, and how did you overcome them? What continues to motivate you in your practice today?

    When I was working with my previous law firm, it would worry me so much that out of all those queries coming in about IP on a daily basis, I never came across any query coming from Kashmir. I don’t know why, but people have the misconception about Kashmir being a conflict zone, hence no one there does anything or everyone is living in fear, they have no life of their own. As I knew the real Kashmir, I wondered why no one there was coming forward to protect their brands or even enquiring about it.

    This led to establishing my own law firm Zainab Syed & Associates, which was the first ever IPR law firm in Kashmir. Challenges like I mentioned before were the little of half knowledge about Intellectual Property Rights. The initial year indeed was a very tough one, where converting any query was like winning the Olympic gold medal, as people didn’t want to spend money on something they didn’t feel was necessary to protect, also, there were cases where someone had taken money from them for filing their trademark and they had never reverted after the money was transferred or cases where applications were filed by third party websites ( names not taken) who file applications in bulk without application of mind or a proper search or opinion, which lead to refusal of such marks.

    I am a very competitive person, and the thing is that I only compete with myself. I believe that in this race in life, you run alone, it should never be about how many people went ahead of you, it should always be about what you have to do to finish the race. That is how I was able to face these challenges at work, I never took up matters that I knew had no chances of success, I didn’t think about the number of applications I was filing, what mattered to me was how many applications I could get registered. I was very patient with Client’s who didn’t quite understand why and how of IP, I never gave up on any Client until I would make them protect their brand by filing applications, I was persistent in this goal to protect more and more brands for my home town , or at least make them aware about Brand Protection.

    Looking back how far I have come in this field and in expanding my practice, I am proud to say that I started from scratch and today I not only have Clients from the State of Jammu & Kashmir but from all across India and Abroad as well. Also the biggest motivation has been the success rate of our applications, and the flow of work we get from recommendations from our existing clients. Although I don’t let success get to my head or failure get to my heart, I guess that’s what learning is all about.

    What has been one of the most challenging IP infringement cases you’ve handled to date, and how did you approach its complexities?

    I wouldn’t be able to put them on a scale of 1 to 10, as all IP infringement cases are mostly complex and very challenging. One of our clients had received an infringement notice from the U.S for a name used in their café. They were asked to shut down the café and remove all use of the mark, however, our Client was the registered proprietor of the mark and the opposite party neither had a trademark application for the said name either in India or in their home country, and after almost a year of negotiations and emails and meetings we were able to convince them that the said Intellectual property solely belonged to our Client and there was no way that they could stop him from using the said brand name.

    Also there was a matter where our Client had been using their family business name since almost 40 years and they had a registration that had expired and not renewed due to inadvertence of the previous lawyer, a third party had now taken advantage of the said thing and applied for the said trademark and started using the said name. We filed a fresh application in the name of our Client, filed opposition against the opposite party’s application and sent them a seize and desist notice. The Opposite party gave us an undertaking that they would never file this mark in future or even file a slightly similar mark in the future and also abandoned their trademark application and changed their business name to something else.

    So I believe that overpreparation is the key to success, you should always be over prepared with facts and you should know your Client, and know about your Client, sometimes, your own Client does not have the right facts, so you always need to do your side of research and homework, so its only when you are convinced, you will be able to convince the opposite party.   

    As an IPR consultant and attorney for PHDCCI in Jammu & Kashmir and Ladakh, how has your role contributed to the promotion of Indian industry, trade, and entrepreneurship through intellectual property rights?

    Our Law firm was appointed as their IPR Attorney and Consultant a few months back, and it is indeed an honour to work with this establishment that has changed millions of lives with their constant support and guidance. In these few months, boosting research and development, intellectual property rights (IPR) have contributed significantly to India’s economy. In fact, IPR and economic growth go hand-in-hand as intellectual property rights are essentially designed to aid innovators and reward innovation, This is where IPR comes in. With a patent in hand, innovators can issue licenses for mass production, which directly contributes to the economy. In this regard, we have been able to file 19 patents for PHDCCI and almost 70 Trademark Applications till date. We have also organised various seminars and visited various Universities of Kashmir where we have encouraged young minds and innovators to get their works Patented and protect their IP Rights. Further, we are also working on increasing the number of GI’s filed from the State of Jammu & Kashmir as there is tremendous scope of obtaining a GI registration here in the State.

    With continuous support from the president of PHDCCI Jammu & Kashmir and Ladakh Mr. Vicky Shaw Sir, who is a visionary and a great man, we have been able to achieve the goal we had set for Zainab Syed & Associates, i.e. educating the masses with the need and importance of Protection of Intellectual Property Rights. 

    What advice would you give to young aspirants interested in pursuing a career in IPR law? How can they start early and excel in this field? Are there any specific resources you would recommend for those looking to deepen their knowledge?

    To be able to make a career in this line, one should be creative or at least understand certain facets or methods of its expression. You should have the zeal to learn more and more everyday. This field broadly covers technically complex yet fascinating projects, which invariably require an informed knowledge of trends or developments in line with their type. So, in short, along with enthusiasm, one should have an eye for detail. I would advise them to first start with internships at IPR law firms only and not law firms that have IPR as part of their work. This will enhance their skills and keep them focused on IPR itself, not shifting from one thing to another. The other thing I would advise them would be to never give up on their dreams irrespective of how many times they fail or make mistakes, as one only learns from mistakes. To excel in this field, I would suggest some important points to remember:

    • Before filing a Client’s trademark, always conduct a search on your end, not just in their respective class but in class 35 as well, as this would give you a broader idea.
    • Never rely on the statement “It is a coined term we have not copied the same from anywhere” always do an internet search on if the word means anything or has been taken from an already existing name outside the Country.
    • No similar or identical marks found on the records of the Trade Marks Registry does not always mean you are good to go, it can also mean that the said mark could not have been registered as it is non-distinctive or descriptive or is prohibited under the Trade Marks Act/Rules.
    • Always encourage clients to file applications claiming use of the mark if they are already in business as this gives them prior rights over their mark.
    • Always file applications in the correct class.
    • If a registered mark is cited in your Client’s application, always check if their application had an examination report and how did they reply to the marks cited against them, as this can be used in your reply as submission.
    • Never differentiate the marks in your reply if you intend to oppose the cited mark at a later stage.
    • Always encourage your Clients to change their brand names if they are at the initial stage of their business and have not yet used the name anywhere, and have come to you for suggestions in filing the trademark application, and you see a mark that is either similar or identical to their brand.
    • Always introduce the concept of negotiation to clients or co- existence with the opposite party, where you know that there is a scope of co-existence or negotiation and it is not a straight case of infringement or malice.
    • Be up to date with recent judgements and case laws on IPR and any amendments in the law. Always note down case laws and use them in your replies as and when necessary.

     Also, I would suggest that they visit the WIPO website and get themselves registered for some of the online courses WIPO offers for IPR.

    Given your demanding role, how do you unwind and recharge? How do you effectively balance work and personal life? Do you have any hobbies or activities that help you relax and recharge?

    Being a daughter, a wife, a mother and a Lawyer running my own Law firm, it has always been challenging, but I suppose having that support from your family actually makes a lot of difference. My family has always been very supportive of all my career decisions, and they have always been my strength and motivated me to become a better version of myself. My husband, on the other hand, has always given me the leverage to choose what I want to do in life, he has always supported me in every decision I made after marriage and continues to do so. However, I don’t take that for granted and I understand the importance of having a balance between my personal and professional life by

    • Setting boundaries: This involves establishing clear boundaries between work and personal life by defining specific working hours and separating work-related tasks from personal activities.
    • Time management: Efficiently organizing and prioritizing tasks, ensuring that you allocate enough time for work responsibilities as well as personal pursuits, such as spending time with family, engaging in hobbies, or pursuing personal goals
    • Stress management: Implementing strategies to manage stress levels, such as practicing mindfulness, engaging in regular physical activity, taking breaks, and unplugging from work-related activities when needed
    • Flexibility: Having the ability to adapt and adjust your schedule to accommodate unforeseen circumstances or personal needs without jeopardizing work commitments

    I have a 2-year-old son, I guess that is enough for you to understand what keeps me up and charged.

    Get in touch with Zainab Syed –

  • “With rapid advancements in technology, particularly with the rise of AI, IP and Data Privacy laws are evolving quickly. Staying updated through IP-specific news, following IP practitioners, and engaging with industry peers will be highly beneficial.” – Isha Gandhi, Senior Legal Associate at R K Dewan & Co.

    “With rapid advancements in technology, particularly with the rise of AI, IP and Data Privacy laws are evolving quickly. Staying updated through IP-specific news, following IP practitioners, and engaging with industry peers will be highly beneficial.” – Isha Gandhi, Senior Legal Associate at R K Dewan & Co.

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

    What initially inspired you to pursue a career in law? What aspects of law sparked your interest and shaped your understanding?

    I chose law as a profession because I’ve always had a passion for writing and speaking. Law provides the perfect platform to combine these interests, allowing me to express ideas clearly through legal writing and to advocate effectively in speaking engagements. The ability to analyse complex issues, craft persuasive arguments, and communicate them both in writing and orally is what truly drew me to this field.

    After completing your law degree, what experiences influenced your decision to specialize in intellectual property law? What were some of the key moments that helped establish your foundation in IP law?

    I developed a strong interest in Intellectual Property Law during my college years, which led me to pursue a specialized diploma in IPR laws from Symbiosis Law School, followed by a course from the World Intellectual Property Organization. The complexity and significance of protecting innovations in an increasingly digital world fascinated me. To deepen my understanding, I also interned with boutique IP firms during my college years, gaining valuable insights into IPR laws.

    When advising multinational corporations on IP protection strategies, how do you navigate the complexities of differing national IP laws and enforcement mechanisms? Can you share an example of a time when you successfully managed cross-border trademark infringement issues?

    Intellectual Property (IP) laws in most countries are largely governed by international conventions and treaties, such as the TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights), Berne Convention, etc. which establishes a common framework for IP protection. As a result, the fundamental principles of IP law are generally consistent across jurisdictions. However, each country may have its own specific regulations, enforcement mechanisms, and nuances in how IP rights are granted, protected, and enforced. Thus, navigating the complexities of different national IP laws requires a tailored approach.

    A key aspect of advising multinational corporations is understanding the unique regulatory environment in each region and developing a strategy that ensures protection while considering local enforcement challenges. One instance I recall involved a cross-border copyright infringement and trademark passing off issue where the infringer had obtained registration of a concerned trademark in India and the client’s mark was pending for registration. The Trademark laws are territorial in nature and there are multiple cases supporting this principle. In this case we had to establish the malafide adoption by the infringer before the Court and filed multiple rectifications against the fraudulent registrations obtained by the infringer in India. This collaborative approach helped to secure an injunction order in favour of our client.

    With the rise of digital platforms, how has IP infringement evolved over recent years, and what proactive measures can brands take to protect their intellectual property online? Drawing from your experience on the Internet Committee at INTA, which policies do you think are essential in addressing online IP issues, particularly with respect to domain name disputes and cybersquatting?

    The evolution of IP infringement in the digital space has been significant, with an increase in online piracy, unauthorized use of trademarks, and domain name disputes. Brands must adopt a proactive, multi-faceted approach to protect their IP online, including monitoring digital platforms, utilizing digital tools for brand protection, and engaging in vigilant enforcement actions. On the Internet Committee at INTA, we focus on creating policies that balance the needs of IP owners with the realities of the digital space. Policies to address cybersquatting, such as enhancing domain name dispute resolution mechanisms, are critical. Strengthening the cooperation between domain registrars, social media platforms, and IP owners is vital to combatting these challenges effectively.

    As privacy and data protection laws become increasingly significant, how do you incorporate cyber law considerations into your intellectual property advisory, especially when drafting documents such as terms of service, privacy policies, and user agreements?

    With privacy and data protection laws becoming increasingly stringent, especially with regulations like GDPR, it’s essential to integrate these considerations into IP advisory work. When drafting documents such as terms of service or privacy policies, I ensure they reflect both IP protection and compliance with data protection laws. This includes ensuring clear consent protocols for data usage, addressing how user data interacts with proprietary technology, and defining the ownership of data generated by users. The intersection of IP and cyber law is particularly important for tech companies or those with a heavy online presence, as they must navigate these dual concerns with care.

    How do you approach the drafting and strategy behind a commercial suit for trademark infringement or passing off, as well as copyright infringement, considering the complexities of such cases? Can you share an example of a particularly complex matter that required you to appear before the Delhi District Courts or High Court?

    Every case is unique, and before strategizing and drafting a commercial suit, I ensure a thorough investigation of the facts to build a strong case. This includes gathering evidence of use, assessing market presence, and evaluating the likelihood of confusion. Following this, I research the latest legal positions taken by various courts within the country, and in some instances, I also examine international legal perspectives. This ensures that my approach is both methodical and comprehensive.

    One particularly complex matter I worked on involved a copyright infringement case against a well-known global online audio-video streaming platform. The case required a deep dive into copyright infringement on the web and the liability of intermediaries. The research expanded to cover the copyright laws of different countries signatory to the Berne Convention, as well as relevant court decisions from multiple jurisdictions.

    For law students or aspiring lawyers interested in brand protection, what advice would you give them for building a successful career in IP law? Are there specific resources, strategies, or steps they should take while still in law school or right after graduation to get ahead, particularly in the evolving landscape of legal practice and emerging legal fields?

    For law students or aspiring lawyers interested in IP law, I recommend pursuing a specialized course in IP, in addition to thoroughly studying the relevant subjects offered by your college. With rapid advancements in technology, particularly with the rise of AI, IP and Data Privacy laws are evolving quickly. Staying updated through IP-specific news, following IP practitioners, and engaging with industry developments will be highly beneficial. Internships with IP law firms or in-house legal teams, as well as participating in IP-focused Moot Courts and competitions, provide invaluable hands-on experience. Building a solid foundation in both legal theory and practical application is essential as the IP landscape continues to evolve.

    Given the high demands of your profession, how do you manage to maintain a balance between your personal and professional life? What practices do you follow to prioritize your health and well-being while maintaining a successful career in law?

    Achieving the perfect work-life balance is often seen as a utopian ideal that many of us strive for. While there are times when one must prioritize work or personal life, balancing the demands of a legal career with personal life is undeniably challenging. This field is demanding and keeps you constantly on your toes, so it’s essential to make time for regular exercise and prioritize health and well-being.

    Over the years, I’ve learned that delegation is a key part of professional growth, and I make sure to delegate tasks when possible to manage my workload effectively. Having a strong support system—both professionally and personally—also plays a significant role in maintaining this balance.

    In addition to my passion for work, I make time for sports and dance to recharge myself. I’m a Kathak trainee and completed my third-year graduation in the art last year. In 2023, I was the runner-up in both the Singles and Mixed Doubles categories at the Delhi High Court Table Tennis Tournaments. I also practice mindfulness and make it a point to disconnect from work and travel when needed to maintain mental well-being.

    Having been with R. K. Dewan & Co. for nearly a decade, how has your role evolved over the years, and what factors have contributed to your continued growth within the firm? What do you believe has been key to maintaining your passion and motivation while managing such a dynamic and demanding career in intellectual property law?

    Under the mentorship of legal stalwarts Dr. Mohan Dewan, Dr. Niti Dewan, and Mr. N. K. Bhardwaj, my nearly decade-long journey with R. K. Dewan & Co. has shaped me both professionally and personally. Starting as a first-generation lawyer, I have grown to independently advise clients and manage junior lawyers, a progression made possible by the trust the firm has placed in me, which has led to an expansion of my roles and responsibilities over the years. What continues to drive my passion and motivation is the dynamic nature of IP law and the constant challenge of navigating new and complex legal issues.

    Maintaining passion and motivation in such a demanding career comes down to balancing professional challenges with personal interests. I find excitement in solving complex problems for clients, and I stay driven by the impact that intellectual property has on innovation and creativity. Additionally, the opportunity to work on diverse and high-profile cases, along with the trust and responsibility the firm has given me, continues to inspire me. The combination of professional growth, personal development, and a supportive work environment has been key to maintaining my enthusiasm for IP law.

    Get in touch with Isha Gandhi –

  • “While it may sound fancy to see lawyers speaking legal jargon, for me, a good lawyer remains to be the one who can explain the most complex solutions or strategies to clients in the simplest words.” – Vaishali Sharma, Managing Associate at ANAND AND ANAND.

    “While it may sound fancy to see lawyers speaking legal jargon, for me, a good lawyer remains to be the one who can explain the most complex solutions or strategies to clients in the simplest words.” – Vaishali Sharma, Managing Associate at ANAND AND ANAND.

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

    Given your background in science, what initially sparked your interest in pursuing a career in law? Was it a conscious decision to transition into the legal field, or was there a particular experience that motivated you to choose this path? Additionally, how has your B.Sc. degree contributed to your success and approach in intellectual property law?

    I was pursuing my post-graduation in biotechnology when I realised that the potential of research in the biotech industry in India was limited and still in its nascent stages. While researching on various themes for one of my presentations during my post-graduation days at Venkateshwra College (DU), I bumped into the intersection and close connect of patent laws with the research industry. This presentation on patent and design laws sparked my initial interest in exploring a career in law back in 2009. IP law felt the best way I could have stayed connected with the research industry as also utilising my years of education in science. While IP law in India was burgeoning, it was relatively less explored and niche for me and my batchmates at Venkateswara College as most students in my class were interested in pursuing a career in research and were leaving the country to prestigious institutes in the UK, USA and Australia. In fact, out of a batch of 20 students, I was the only one to have made a conscious decision to transition into the legal field and this transition did make many of my friends and relatives inquisitive of the career path that lie ahead for me and its potential.

    Having completed my law in June 2013, I waited anxiously for over 3 years for the patent agent exam which was put on hold (in view of Madras HC Order dated March 15, 2013 in Sp.Chockalingam vs Controller Of Patents (W.P. No. 8472 of 2006)) and eventually conducted only in November 2016. Meanwhile, in my initial years, I got immense exposure to a variety of all IP laws including trademarks, copyright, designs, biotech/ chemical/ pharma patent matters, advertising, marketing, promotional laws amongst others. This diversity in my work exposure and constant intent to deliver my best helped me gain massive knowledge and grow professionally in the industry in the coming years. In 2018, Anand and Anand was nothing less than a dream come true and my journey with the firm streamlined my career trajectory more centric around brand strategy and I have been fortunate to have learnt from amongst the best minds of the industry since then.    

    Despite this swift transition from patent to brands over the years, I feel my B.Sc. degree contributed immensely to the success and approach in intellectual property law and till date remains to be as relevant as ever with my current specialisation in pharmaceutical trademarks. Pharma industry not holding the glamour as that of fashion/ hospitality/ lifestyle industry, at times, may fall short of attracting young professionals at times, but it was clearly not the case with me as I was inherently inclined towards the industry due to my educational background and continue enjoying my work till today.  

    Given your specialization in pharmaceuticals, what unique IP challenges do you typically encounter in this sector? How do you address complex IP issues, especially in relation to patent protection, data exclusivity, and regulatory concerns within the pharmaceutical industry?

    The Pharma industry is considered to be the most sensitive industry as it directly deals with human health and hence demands a greater need for protection. The same is also evident by the latest Reports released by Indian Trademarks Office (TMO), which indicates that trademark filings in class 5 form almost 14% of the total applications filed. And majority of these filings come from domestic businesses reflecting a robust focus on domestic innovation and trademark protection efforts.

    Moreover, with patent expiry of many blockbuster drugs in this decade, Indian generic companies take advance notice and line up to encash on these patented drugs going public by ensuring timely efforts to block brand names adept for their drug launches. Likewise the biosimilar market is growing substantially in India and so are the companies’ efforts in ensuring brand protection remain at forefront. The Indian Courts as well as TMO, to keep up with the public interest, tend to adopt a more stringent approach in allowing pharma marks for registration. Consequently, special attention is being adopted by pharma companies which necessitates the need for exhaustive research while brand selection process.

    Apart from brand names protection, IP protection in pharma industry is being availed for various packaging, labels, logos, get up, layout, combination of colours of the pharmaceutical products. Also, unique tablet designs (for instance capsules with distinct colour combination, some specific numerals/ alphabets embossed on the tablet) and distinctive shapes of containers, bottles, kits among others can be registered as 3-D trademarks/ design registration. Traditionally, foreign MNCs were seeking these special forms of protection but more and more Indian companies are exploring these additional forms to create product differentiation and carve out a niche for their products. These complexities often prompt lawyers devising brand protection strategies for pharma companies to be maintaining an intricate balance of navigating the legal landscape while also delivering business centric solutions to clients in a cost effective and time bound manner. Meanwhile, with several media reports citing  instances where drugs having identical or phonetically similar names have been prescribed for treating different ailments, putting public interest at risk, the Central Drugs Standard Control Organisation (CDSCO) is taking cognisance of the issue. Here, building a database of all pharmaceutical products and combating this overlap of brand names in the market to avoid risk of confusion remains one of the biggest challenges for the Ministry.

    As you began your career, what were some pivotal learning experiences that shaped your professional journey and deepened your understanding of IP law? Could you share any key moments or challenges from the early phase of your career that had a lasting impact?

    Learning in law does not come quickly and constant perseverance remains the key to success. IP law is dynamic and one thing I realised early on in my career is that there is no substitute to reading and keeping oneself updated. With so much development happening in terms of AI law, digital privacy, consumer protection, regulatory developments, there is no shortcut, and the secret to becoming a good lawyer lies in at least spending two hours of reading every day to keep abreast and expand your horizon of learning each day. In fact, being a lawyer, when you meet clients, it’s not just law that you discuss but myriad other topics come into discussion, and one should have enough knowledge to be able to have a conversation around anything. Your knowledge on general topics, at so many times, acts like an ice breaker and makes conversations easier to start.  

    Attention to detail and providing simplified solutions to clients is another important early learning in my career. While it may sound fancy to see lawyers speaking legal jargon, for me, a good lawyer remains to be the one who can explain the most complex solutions or strategies to clients in the simplest words. I learnt this early on from one of my bosses’ who primarily used to approve my advisory but used to devote time simplifying my language to ensure it reaches the right message across to the client. These early learnings have remained with me since the start of my career, and I follow these religiously for all my clients. 

    With your extensive experience in intellectual property, what are some of the most common IP-related challenges you’ve faced, particularly when working with brands in the fashion industry? Could you provide an example of a specific case where you encountered such challenges, and how you navigated them to achieve a favourable outcome?

    As our country is moving towards premiumisation and looks towards its youth population (which is the largest all over the world) for the economy’s 5 trillion dream, our fashion industry has a huge opportunity to grow. The iconic fashion brands have all one thing in common and that is a unique distinct identity that these brands have created over their decades of existence. Be it the Louis Vuitton distinctive ‘LV’ logo or well known touille logo, famous Christian Louboutin red sole, Cartier love bracelet or Hermes’ globally reputed Birkin or Kelly bags, these brands have become status symbol earning immense global goodwill and reputation. Likewise, these international fashion brands, the Indian fashion industry have realised the importance of not only creating their unique IPs but also protecting them from being diluted or misused by third parties in an unauthorised manner. In fact, Mr. Safir Anand is known to have created an industry level specialisation in the fashion space having strategized for Indian fashion businesses to scale up by leveraging the power of IP. Arguing in one such matter (under Mr. Anand’s guidance) for a renowned Indian fashion designer, we were assigned the task of convincing the Hearing Officer as to how a selvedge technique could be a unique IP for the business. We were successful in a registration being granted eventually as the selvedge had aesthetic value and had acquired the goodwill and reputation amongst the audience so as to act as a source identifier for the brand. 

    As a registered patent attorney, how does your expertise in patent law complement your work in brand strategy, particularly when advising clients in product-driven industries? Furthermore, what emerging trends do you see in the intersection of intellectual property law, branding, and patent strategy, especially in the context of a rapidly evolving market?

    My patents background acts like a firm rooting in my working with clients as science provides an analytical approach involving systematically breaking down complex problems into smaller, testable parts, creating hypothetical situations, data collection through detailed research, and going beyond what meets the eye and critical analysis of the entire information at hand thereby allowing for a structured and objective evaluation to reach well-supported conclusions. 

    As regards product driven industries, companies often manifest and tend to intensify efforts into building layers of protection around their patented products and setting up a guarded shield to maintain market share. Such efforts are often amplified by building unique brands, creating distinctive taglines for advertising/ marketing purposes, creating copyrightable promotional material, fictional characters and protecting non-functional aesthetic features and products shape or pattern design amongst others. These additional forms of protection help the patented products to capture niche markets and create their own space in a product segment, which they may continue to hold even after patent expiration. One such popular example is Pfizer’s brand Viagra, which managed to maintain a substantial market share, even after its patent expiration in 2020. The resilience of the drug in the face of generic competition is a testament to the company’s strategic marketing and the drug’s strong brand recognition which played a crucial role in maintaining its market share. This is a clear example showing that concerted efforts in building brand and patent strategy in the context of a rapidly evolving market are crucial for a company to build a sound blueprint for their patented products. Moreover, with the procedural changes brought about in India since the enactment of the Commercial Courts Act, 2015 and setting up of IP Divisions of various High Courts post abolishing of IPAB in 2021, the enforcement regime in IP industry has become robust, which further allows companies to ensure effective enforcement and a well-fortified all rounded protection in product driven industries.

    In your advisory capacity for the Government of India, particularly with regard to the railway project, what were the key considerations you factored into your strategic advice on brand protection? How did you address the challenges of safeguarding intellectual property in such a high-profile government initiative?

    The said project was high stake considering a third party had raised baseless allegations to the project’s brand name just days before the inauguration. As the high-profile project launch had already been widely advertised and covered all across the news portals, it was vital for us to carefully handle the situation factoring in not only the legal considerations but also realising the extreme sensitivity, such that any kind of escalation at that particular stage would have negatively impacted the project launch. This required our team to sit and assess our points of defence in great detail and following an exceedingly cautious approach we were able to successfully and expeditiously conclude the matter out of court. Our team efforts were duly acknowledged by the government officials who appreciated our office’s conscientious handling of the case. 

    What advice would you offer to young professionals aspiring to build a successful career in intellectual property law? Are there any specific resources, tools, or strategies that you would recommend to help them navigate the complexities of the global IP landscape?

    I profoundly believe in Amir Khan starrer- 3 Idiots popular dialogue “Baccha Kabil Bano….Kamyabi Toh Peeche Bhagegi”. That is “Choose excellence and success will follow”. The dominant ideology in India, till date, remains to be building a successful career even if that costs sacrificing one’s passion for it. However, rather than focusing too much on success, in the early years, young professionals should focus on finding what interests them, gaining knowledge on a variety of subjects and identifying one’s strengths and passion. Law is a demanding profession, and we end up spending the majority of our daytime at the workplace, so how we spend our days is how we spend our lives. Hence, choosing a career of self-interest can lead to personal growth as well as an organization’s growth. Surrounding oneself with right connects on LinkedIn is also helpful as it exposes one to industry specific knowledge in addition to gaining academic knowledge. Further, all forms of IP are intertwined intricately in our daily lives and there are so many online certificate courses, news blogs, legal subscription newsletters on all forms of social media, free seminars/conferences/ webinars that can help you track latest updates in IP and if reading all this ignites one’s interest, you should not be holding back and jump in to explore the immersive and ever evolving IP field. In my daily routine, I find WIPO Global Brand Database and USPTO/ EUIPO official websites helpful in tracking international clients’ brand portfolios. Reading the latest case laws on a daily basis is also an indispensable part of my day at work.

    After managing such demanding professional responsibilities, how do you unwind and relax? In what ways do your hobbies contribute to your overall well-being?

    My most favourite way to unwind is to spend quality time with close family and friends. Additionally, being close to nature seeps in me a feeling of abundance making me realise nature’s beautiful amalgamation of the most complex structures in the simplest manner. Replicating this to our profession, I, invariably strive to render the most uncomplicated and easily manageable and executable business solutions to clients.

    I also love travelling to newer places and meeting new people as it pulls one out of their comfort zone and plunges one into the unknown. This remains to be a vital quality to succeed in law as real growth lies in exploring the uncharted territories, challenging yourself to learn new things as the intersection of law and business is extremely dynamic in nature and rapidly evolving. Being in the legal profession one should absolutely avoid becoming complacent or overly comfortable with one’s current performance and achievements, potentially causing a lack of motivation or lack of intent to take on new challenges/ maintain high standards in work, often resulting in stagnation and a decline in quality or productivity. 

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