Tag: IPR attorney

  • “I think we’re heading into a phase where Patent Law will become more flexible and open to innovation, not just in tech but in the way we approach regulation itself.” – Sangeeta Singh, Director of Patents at Adastra IP.

    “I think we’re heading into a phase where Patent Law will become more flexible and open to innovation, not just in tech but in the way we approach regulation itself.” – Sangeeta Singh, Director of Patents at Adastra IP.

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

    What inspired you to pursue a career in intellectual property law immediately after completing your Master’s in Organic Chemistry? How has your technical background contributed to your expertise and effectiveness in the patent field?

    After finishing my Master’s in Organic Chemistry, I was all set to dive into a Ph.D., but then a surprising opportunity at an IPR law firm came up. What I thought would be a short-term role quickly turned into a real passion. The idea of taking lab research and turning it into something commercially viable really sparked my interest, and before long, I realized patent law was where I wanted to build my career. My chemistry background turned out to be a huge advantage, helping me dive deep into life sciences and chemical inventions. It gave me the understanding I needed to break down the science behind patents, draft clear claims, and spot potential challenges during prosecution and litigation.

    What challenges did you face when you first entered the patent field, especially coming from a non-legal technical background? How did you overcome these obstacles, and what strategies helped you adapt?

    When I first jumped into the patent field, it felt like diving into the deep end—legal jargon everywhere, and I had no idea how the whole process worked! Coming from a technical background, the legal side was completely foreign to me. But I wasn’t about to back down. I threw myself into learning—devouring books, joining training sessions, and reaching out to my seniors. I remember spending extra hours at the office, diving into patent files and getting the hang of everything—from drafting to filing and grants. I made it a point to ask tons of questions and have lively conversations with my peers/seniors or other industry experts. I didn’t just stick to technical-legal side of patent either; I took on filing, invoicing, client communication, and really got a feel for how the entire patent system runs. That hands-on experience gave me the confidence I needed and helped me build a solid foundation in this new field.

    In your journey from a patent scientist to the Director of Patents at Adastra IP, how have your personal values and work ethics evolved?

    My journey from a patent scientist to the Director of Patents has been a big shift for me, both professionally and personally. Early on, I realized how important it was to get the technical details right and really understand patent law. This strong foundation helped me move forward in my career. As I took on more responsibilities, I also focused on networking, connecting with others, and collaborating with experts from all over the world—things that have helped me grow and expand my knowledge.

    A big part of my growth has been my commitment to lifelong learning. The patent world is always changing, with new technologies and legal updates popping up all the time. Staying open to learning—whether through reading, mentorship, workshops, or industry events—has given me fresh perspectives and helped me take on new challenges. Through it all, the idea of “work is worship” has been my guide. It’s a reminder to put my best effort into everything I do. Integrity has also become a key part of my work. By sticking to high ethical standards, I’ve been able to stay true to my commitment to the profession.

    What is a piece of advice you received early in your career that has stuck with you and continues to guide your decisions and actions in the patent law space?

    Early in my career, I can’t pinpoint one specific piece of advice, but I’ve learned so much from my mentors, and I’m still learning now. One key lesson that has always shaped how I approach my work in patent law isAlways put yourself in your client’s shoes.This shift in mindset was a game-changer for me. It moved my focus from just understanding the technical details to truly considering my clients’ needs and goals. By viewing things from their perspective, I’ve been able to offer more practical, tailored solutions that truly add value.

    Another principle that has been my lifelong guide is, “There’s no substitute for hard work, and never stop learning. This really resonated with me, especially in a field like patent law that’s always evolving. It’s easy to get comfortable with what you know, but this mentality keeps me pushing myself to stay ahead of new trends and developments. It’s a mindset that’s helped me grow both professionally and personally—because when you’re in a field that never stands still, neither can you!

    How crucial is it for professionals to maintain a healthy balance between their work and personal lives, and what impact can this balance have on their overall well-being and performance?

    Finding balance outside of work is super important, especially for professionals. It’s so easy to get lost in the hustle of your career, but taking time for yourself actually makes you better at what you do. For me, spending quality time with family, traveling, and diving into hobbies like designing help me recharge and come back to work with fresh ideas and a lot more energy. It’s all about keeping your mind and emotions in check, which keeps you focused, creative, and productive. Without that balance, burnout can creep in, and both work and personal life can take a hit.

    And honestly, health is everything. Your body is your temple, right? Regular exercise, yoga, and just taking care of yourself physically isn’t just about staying fit—it helps clear your mind and manage stress too. In a fast-paced field like patent law, finding time for personal care is key to staying sharp. So, no matter how busy you are, always make your health a priority. It’s the foundation for everything else.

    Having worked with Indian and Malaysian firms, how have your experiences differed in terms of patent ecosystem, cultural dynamics, and work approach? What insights can you share from navigating these diverse environments?

    Working with Indian and Malaysian firms has been an enriching experience, with both offering unique strengths. In India, the patent system is well-established, and you get to dive into complex cases that require a lot of technical and legal detail. It’s a structured and thorough process. Malaysia, meanwhile, has this fresh, evolving energy. The processes are streamlined, and there’s a clear push to align with global standards, which is exciting to be part of.

    Both experiences have been invaluable, showing me different ways to approach challenges and deliver solutions. I genuinely value what each brings to the table.

    With the rapid advancements in technologies such as artificial intelligence, how do you envision these developments influencing the future of patent law? In particular, how might emerging technologies like AI impact the way patents are filed, granted, and enforced? 

    AI is moving at lightning speed, and it’s shaking up patent law in ways we couldn’t have imagined just a few years ago. On one hand, it’s a game-changer. Tasks like patent searches and prior art analysis that used to take weeks can now be done in hours. It’s even assisting with drafting to some extent. But it’s not without its challenges. For one, how accurate are AI’s outputs? Can we always trust the data it presents?

    And then there’s the bigger question: what happens when AI creates something genuinely new? Does the AI get credited as the inventor, or do we need to completely rethink what inventorship means? We all have seen the DABUS case, current laws don’t quite fit, so do we need to revisit the framework or create new legislation?

    And let’s not forget the ethical side. If AI starts influencing decisions, how do we ensure it’s fair and transparent? These are tricky issues, and they’re not just legal questions—they touch on technology, policy, and even philosophy.

    This is why collaboration is going to be crucial. Lawyers, tech experts, and policymakers will all need to work together to keep the system fair and relevant. I think we’re heading into a phase where patent law will become more flexible and open to innovation, not just in tech but in the way we approach regulation itself. It’s an exciting time, but it’s definitely a space where we need to tread carefully and thoughtfully.

    With your elaborate experience in Patent Law what message would you like to convey to aspiring patent attorneys or professionals considering a career in intellectual property?

    To aspiring patent attorneys or professionals considering a career in intellectual property, my advice would be to be patient and persistent. Patent law can be a rewarding career, but it requires dedication and continuous learning. Building strong technical and legal skills is essential, and don’t be afraid to seek mentorship. Finding a niche that excites you and developing expertise in that area will set you apart in the field. Lastly, always stay curious and open to new knowledge, as the world is evolving rapidly, and so is the law that governs it.

    Given your extensive expertise in the field, are there any resources: books, or organizations that you would recommend for those starting a career in patent law?

    If you’re just starting in patent law, there are a few resources that can really help you get a solid foundation. For books, Patent Law by Hon’ble Justice Prathiba M. Singh, the recently launched Patent Law by Adarsh Ramanujan, and Patent Law by P. Narayan are all excellent choices for understanding the Indian patent system. If you’re coming from a technical background, Legal Writing by Bryan A. Garner is a great resource for honing your legal writing skills. Beyond books, it’s essential to regularly read the Patent Act—think of it as a novel. WIPO Academy’s online courses are good for your basic understanding of patent law. Finally, make sure to stay up to date with court judgments and attend seminars or networking events when you can—it’s a great way to stay connected and keep learning from the latest developments in the field and advance your knowledge.

    Get in touch with Sangeeta Singh –

  • “Intellectual Property Law has been a passion which I have pursued. Almost everyday there is something new in the field, which challenges practicing professionals to re-think how laws are shaped and interpreted.” – Aarohan Bansal, Of Counsel at Archer & Angel Advocates and Legal Consultants.

    “Intellectual Property Law has been a passion which I have pursued. Almost everyday there is something new in the field, which challenges practicing professionals to re-think how laws are shaped and interpreted.” – Aarohan Bansal, Of Counsel at Archer & Angel Advocates and Legal Consultants.

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

    What inspired you to pursue a career in law, and what led you to specialize in intellectual property (IP), particularly in trademarks and copyright and designs?

    Getting into law school was a decision guided by my mother, who is an English teacher, and who made sure I had an excellent grounding and appreciation of the language, which has helped me in the field to a great extent. In my fourth year in college, I was lucky enough to work at an internship at a leading New Delhi law firm – Lall & Sethi. My internship at Lall & Sethi was an eye-opening experience, and seeing the practical aspects of advising brands on their trademarks, copyright and designs was a career shaping occurrence. Since then, intellectual property law has been a passion which I have pursued.

    Even today, after years of practice, the study of this field of law still excites me, since there is so much happening in terms of developments. Almost everyday there is something new in the field, which challenges practicing professionals to re-think how laws are shaped and interpreted. For example, the rising challenge of artificial intelligence is the most immediate and daunting challenge for IP lawyers, since it is a complete game changer in terms of how the law is practiced and implemented.

    The boundaries of intellectual property law touch almost each and every aspect of our lives today, from brands making sure we have safe food and medicines, to e-commerce providing us with almost everything delivered to our doorsteps, to characters and streaming platforms shaping how we entertain ourselves, to our how we earn our livelihoods and more.

    You began your career working with law firms in Delhi, handling intellectual property management for both multinational and Indian clients with global business interests. How did this early experience shape your understanding of IP, and in what ways did it influence the development of your practice?

    I have been fortunate enough to receive the opportunities to work in firms with global clients which has immensely added value to my career growth. I have also had the chance to gain invaluable experience through cross-border collaboration with multiple legal teams. Every company has its tailored methods of working, and as external counsel, learning and adapting to their style is important to be able to provide clear and actionable guidance.

    While the basics of IP remain the same, each and every client has its own distinct way of functioning, meaning that even a straightforward scenario can have unexpected outcomes. In one instance, we were advising the client to take enforcement action against a particularly slippery third party. However, despite our repeated advice, the client did not seem willing to go forward, leading to damages to their local business. It took a call with their senior leadership to understand and overcome their reluctance, which was stemming from a particularly bad case they had handled earlier in another country.

    Working with multinational companies teaches the importance of legal advice that extends beyond an India-centric perspective, to calculate the implications in the other countries that the company operates / functions. For Indian clients expanding abroad, practical advise which works well here in India does not always work well in other countries. In India, there are some deadlines which we know are extendable, in practice, but when we were advising on a deadline in Australia, it turned out to be a couple of weeks shorter than our estimation, due to an early holiday season, leading to a panicked last-minute filing for the Indian client.

    Can you share your experience working on the Trade Marks Manual project with the Controller General of Patents, Designs, and TradeMarks (CGPDTM) and International Trademark Association (INTA), and how did it contribute to deepening your expertise in IP? What were some of the key challenges you faced, and how did you approach resolving them?

    The Trade Marks Manual project, although it still remains incomplete, is a mammoth project on its own. This required distilling decades of office practices, condensing legal procedures, and mapping future changes to the practice, which is likely the reason why a final version has not yet been published by the Indian Trade Marks Registry. Even today, a draft version is available on the IPIndia website, to serve as a guide or a starting point, but it is not binding on its officers.

    My involvement with the project in its early stages meant working with teams of lawyers having experience in similar projects in various countries, and there was much to learn from their guidance. The INTA organisation has a very effective set of professional committees which are meant to share knowledge and advance the study of trademark law worldwide. I highly recommend young lawyers to try and join such committees, and making the most of such collaborations, since the committees are invaluable in terms of practical knowledge and mentorship opportunities. I am glad to say that my participation in the entire process gave me a lot to learn in terms of collaborating on a massive project.

    I do hope that the project is finalised in the near future, since it will serve as a guiding light for trademark practice for future lawyers, who can refer to the manual as a guide for common queries, and perhaps advance the study of this niche field of law.

    Having advised clients on trademark filing strategies in over 25 countries, what are the most important factors you consider when crafting a global filing strategy for international trademark protection?

    An effective filing strategy envisages multiple aspects which are important to a brand and a company, including cost, identifying risks, forecasting solutions, and practical, on-ground advice, and these aspects can generally require years of experience to get them right.

    Even so, it is quite impossible to predict any and all legal challenges which may arise, and quick and effective solutions, require close monitoring and actions. Assignments across multiple jurisdictions are generally very tricky to get it right, particularly when time is of the essence.

    Prior to 2013, filing trademarks outside India meant engaging local counsel. Since India acceded to the Madrid Protocol in 2013, this opened an entirely new avenue of trademark filings in other countries. Initial usage of the Madrid Protocol was low, and this in my opinion, still remains an area of growth in future. Even today, Indian companies can effectively utilise this system for quick and effective registrations abroad. This does not mean that this system is devoid of any risks, and proper legal advise should be sought before considering expanding a trademark portfolio abroad.

    Your success in trademark opposition cases across countries like the USA, Brazil, the EU, and the UK is impressive. How do you approach the preparation and defense of trademark opposition cases in such diverse legal landscapes?

    The creation of a worldwide legal strategy for Indian brands is a tough challenge, but must be done to ensure success in new markets. Each country has its own set of legislations, market forces, and pitfalls, which must be navigated for any brand. In my opinion, the most important step in ensuring success for a brand in a new country would be choosing a trusted local expert. I am glad to say that I have worked with brilliant lawyers in such countries which ensured that I was able to handle legal risks and challenges with positive outcomes for clients.

    I assisted a large Indian IT services company for their worldwide filings which led to a lot of challenges, particularly in navigating legal procedures of countries with advanced legal systems like the US, UK, EU, Brazil, Japan, Australia. The set of deadlines meant keeping constantly in touch with local counsels across multiple time zones and tracking deadlines across countries. This also meant anticipating needs in advance, and keeping multiple solutions forecasted, in case the local business decided that they needed to change their strategy.

    Working with multinational companies means that their brand identities and market strategies are already well-defined, however, working with Indian companies expanding internationally requires extensive groundwork to ensure success in foreign markets. An effective brand strategy which identifies, and balances risk means that solutions to looming problems can be thought of well beforehand. Trademark law stems from international treaties, which means that preparing defense of opposition cases can be done quite consistently. However, practical guidance from local counsel is absolutely indispensable. Brazil, for example, has a completely different procedure for trademarks, as compared to India, and opposition proceedings required extensive research and in-depth studying of local laws. The European Union, requires that adverse parties conduct settlement talks before starting opposition procedures, which is designed to reduce the backlogs on the EUIPO.

    You helped create a Geographical Indications (GI) training module for FICCI. What do you believe are the most critical elements of GI protection, and why is it especially important for India to focus on this area?

    Back when I was assisting in creating a knowledge module for Geographical Indications with FICCI, the act was fairly under utilized, and there was much work to be done in this field. I am glad to see that there are currently about 600+ registrations for various products since the inception of the act, for protecting GIs. India has an immense wealth of knowledge when it comes to products originating from various regions within the country. From Darjeeling Tea, which was the first registered GI, to Basmati rice, Lucknow Chikan Craft, Kullu Shawls, and more, each product is steeped in history and represents unique opportunities for communities to commercially exploit such products for the benefit of the entire region as a whole. Protecting the product ensures that the community reaps the benefits, consumers can identify the GI, leading to increased knowledge and development of the GI itself.

    There are still additional challenges to be overcome, in this field, as shown by the European Union, and China, which currently lead in the number of GIs registered worldwide. The European Union has shown the way in protecting and commercially exploiting their food & beverage products, which are protected under local laws, leading to immense commercial benefits to the producers of such products, particularly in export markets worldwide. I believe that there is an immense scope of expansion of Indian origin products, particularly to international markets, and this can start with the first step of seeking registration under the GI Act.

    The Indian Department for Promotion of Industry and Internal Trade (DPIIT) is currently in the process of amending the GI Act, which will be a welcome improvement for the legislation.

    With such a demanding professional schedule, how do you unwind and maintain a work-life balance amidst your high-level commitments?

    Work life balance is very difficult to achieve, especially in the early years. This does not mean that one should not strive for it, but it may not always work out in the way that you expect. I think that this depends on a lot of circumstances, but most important is the kind of team that you work with. The times when I have been able to rely on my teammates have been good periods of time in terms of work life balance, and similarly, when their schedules demand it, I have stepped in to take over and manage work for them. Your team is quite important in terms of what it takes to have a good work life balance, since you cannot do everything on your own.

    Even then, working in law firms, there are certain days in which much more is expected, since work flow can be quite unexpected. There have been more than a few instances of all nighters, since deadlines need to be met, as well as calls in the wee hours, to accommodate schedules of people from around the world. Slowly you get to learn and understand what to expect, and you can predict busy or lean weeks / months to plan and manage your schedule well.

    My wife has been a blessing in managing my schedule and making sure everything gets done, no matter how busy it gets. She also has a job which is sometimes unpredictable, so we try and split responsibilities between us.

    What advice would you give to young professionals aspiring to follow your path and build a successful career in intellectual property law?

    During the beginning of my career, I had to devote long hours to research and learning. Whenever I came across something new, which was almost everyday, I made it a point to learn about it from whichever sources I could find information, such as bare acts, commentaries, caselaw, blogs, etc. My advice would be to learn about anything new by reading as much as possible. It may not make sense at first, but gradually the pieces start to fit together a few years later. IP law is about intuition and instinct, and not so much about memorisation or rote learning.

    IP laws may differ from country to country, but overall the concepts and fundamentals remain the same. Reading on blogs about practice in the US like TTABlog or EU such as IPKat or other countries also helps build your perspective on how the law should be practiced. Indian court decisions are becoming increasingly sophisticated, but reading foreign decisions is quite interesting, to see how each country’s jurisprudence is evolving.

    Another piece of advice is that every client offers a unique learning experience, and there is no piece of work which is too small at the beginning. Some of the most interesting cases I have worked on have been from start-ups. Advising a small client who relies on you completely requires a certain amount of teaching, and to teach anything is the best way to learn, since you are yourself applying the concepts into practice.

    In about 2015, I had the chance to study a foundational course in copyright law – covering not just the way it is implemented, but also why it was created. I would recommend that anyone who is interested to check out the course called CopyrightX, which is designed by the Harvard professor William Fisher, and is offered online, once a year to anyone. The course, although offered with a US based perspective, offers fascinating explanations on why the field of IP law was created, and what benefit does IP offer our society as a whole.

    Get in touch with Aarohan Bansal-

  • “I strive to demonstrate professionalism, integrity, and diligence in all my work, and believe that young lawyers learn a lot by observing how we handle both successes and challenges.” – Dr. Selwyn D’costa, Partner at AM Legal Associates.

    “I strive to demonstrate professionalism, integrity, and diligence in all my work, and believe that young lawyers learn a lot by observing how we handle both successes and challenges.” – Dr. Selwyn D’costa, Partner at AM Legal Associates.

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

    Can you share how you started your legal career, and what motivated you to pursue this legal field? Please allow us to walk through your journey.

    My legal career was motivated by the influence of my father, who was a practicing lawyer before the Hon’ble High Court. His work and dedication inspired me to follow a similar path. I started my legal career at Crawford Bayley & Co. as a litigating lawyer, practicing before the Hon’ble Bombay High Court and the Mumbai City Civil Court. During my time in litigation, I was particularly drawn to the aspect of legal research, which sparked a new interest in me. This led me to decide to pursue a deeper focus in research, prompting me to embark on my doctorate degree. In the first year of my doctoral studies, I took a complete break from practice to focus on clearing my pre-PhD examination and finalizing my thesis topic and synopsis. During this phase, as I delved deeper into research, I became increasingly fascinated by Intellectual Property Rights (IPR), which eventually became the central focus of my Ph.D. thesis topic. This newfound interest in IPR motivated me to explore this field professionally. In 2017, I joined Krishna & Saurastri Associates LLP in their Pune office as a Junior Associate in the trademark team. I had the privilege of working under the mentorship of Adv. Anand Mahurkar, who was not only the head of the Pune office but also a partner at the firm. His guidance shaped much of my professional growth. After almost two years with Krishna & Saurastri, I moved on to AM Legal Associates as an Associate Advocate, seeking further opportunities for professional development. After three rewarding years with AM Legal, I was honored to be elevated to Partner in November 2022. This progression reflects the invaluable experiences and mentorship I have received throughout my journey, and I am grateful for the opportunities that have shaped my career in the legal field.

    You began your career in litigation and contract drafting before moving to IPR in 2017. How did this transition influence your perspective on legal practice, and what unique insights have you gained from your earlier roles?

    The transition from litigation and contract drafting to Intellectual Property Rights (IPR) in 2017 was both a natural evolution and a transformative shift in my legal career. My earlier experiences in litigation and contract drafting provided me with a solid foundation in the practical aspects of law. In litigation, I developed a keen understanding of legal strategy, client management, and the importance of thorough legal research. These skills were invaluable when it came to analysing cases and building arguments. Contract drafting, on the other hand, taught me the critical importance of precision in language and attention to detail, which are crucial in the drafting and enforcement of contracts. When I moved into the IPR field in 2017, under the mentorship of Adv. Anand Mahurkar at Krishna & Saurastri Associates LLP, my perspective on legal practice expanded significantly. IPR, including but not limited to trademarks, copyrights, patents and designs, is a highly specialized area that blends legal knowledge with an understanding of business strategy, innovation, and market dynamics. This field is inherently dynamic, constantly evolving due to technological advancements and changes in international law, which made my work in IPR feel more forward-thinking. The transition gave me unique insights into the intersection of legal practice with commercial interests. I learned how intellectual property is not only about protecting the rights but also about safeguarding brand value and market positioning. Moreover, working in IPR helped me appreciate the importance of proactive legal measures, such as registrations and enforcement actions, versus the reactive nature of litigation. My earlier roles, particularly in litigation, have equipped me with a deeper understanding of how legal protections can be tested and challenged in courts. This experience has been particularly useful in my IPR practice, as I approach IP disputes with a practical mindset, always considering how theories will hold up in a legal battle. In short, my transition to IPR has broadened my legal horizons, allowing me to appreciate the diverse applications of law while the skills gained from my earlier experiences continue to inform my approach to legal practice in this evolving field.

    With your vast experience in handling contentious and non-contentious matters, can you share a few memorable cases that taught you significant lessons about IP law?

    Throughout my career, I’ve had the privilege of working on a variety of contentious and non-contentious IP matters that have significantly shaped my understanding of IP law. A few memorable cases stand out, each providing me with valuable lessons that continue to influence my practice today.

    1. Trademark Infringement and Passing Off Case: One particularly memorable case involved a trademark infringement and passing off dispute, where we represented a well-known brand in the real estate industry. The defendant had adopted a confusingly similar mark, which led to a real risk of consumer deception wherein consumers had rendered the services of the Defendant thinking those belong to my cline. What made this case particularly significant was the challenge of proving the likelihood of confusion in a crowded market. The key lesson here was the importance of facts and research with regards to the judicial precedents which in turn helped me securing a favourable injunction order in favour of my client restraining the Defendants from using my clients registered trademark till the final the disposal of suit;
    2. Non-Contentious Trademark Registration: On the non-contentious side, I worked on a trademark registration for a major brand. While this may seem like a routine matter, it taught me an invaluable lesson about proactive legal protection. The brand was already in market, but they had not secured registration which was worrisome for the management. This is where my firm was briefed, and the matter was listed for Show Cause hearing for the 3rd time. I appeared for the Show Cause Hearing and argued that the subject mark is a part of an already registered trademark and thus the Subject Mark shall be accepted as the same is associated with my client and the said mark was Accepted which as on date stands registered. This process reinforced the importance of pre-emptive action in IP law—registering trademarks early on, conducting thorough clearance searches, and understanding potential risks before market entry. It highlighted that securing intellectual property rights upfront can save significant resources and avoid future litigation; and
    3. Copyright and Digital Content Protection: A more recent case involved protecting digital content for an individual. The case required swift action to take down infringing content from various international platforms. The lesson from this case was about the importance of timely enforcement in the digital age. The fast pace of the digital world means that IP owners must be vigilant and ready to act at a moment’s notice to protect their rights. Additionally, the case reinforced how quickly IP infringement can spread across the internet, and how critical it is to stay up-to-date with evolving digital rights management tools and online platforms.

    All of these cases aught me important lessons about the dynamic nature of IP law, making me more adaptable and better equipped to handle the complexities of both contentious and non-contentious IP matters.

    You’ve worked across different organizations and mentored juniors along the way. How do you approach mentoring young lawyers in your firm, and what do you emphasize most in their professional development?

    Mentoring my juniors and fellow juniors who are not directly involved with my firm as always been a rewarding aspect of my career, and I approach it with a focus on both professional development and personal growth as taught by my mentor. My first focus when mentoring junior lawyers is ensuring they have a good grasp of legal fundamentals. I encourage them to understand the core principles of law and how to apply them in real-world scenarios. While knowledge of statutes and case law is important, it’s the practical application of that knowledge that truly matters. I emphasize the importance of attention to detail, especially when drafting documents or filing trademark applications or drafting responses or analysing legal issues, as even small errors can have significant consequences in legal practice. I also place emphasis on understanding the client’s perspective and I always encourage my mentees to think beyond the letter of the law and consider how our advice impacts a client’s business or personal interests. I believe that developing a client-centric mindset is crucial in fostering strong relationships and providing high-quality service. Lastly, I believe that the most effective mentorship happens through leading by example. I strive to demonstrate professionalism, integrity, and diligence in all my work, and I believe that young lawyers learn a lot by observing how we handle both successes and challenges. I encourage them to approach each task with the same level of commitment and care, regardless of its size.

    Ultimately, my goal as a mentor is to empower young lawyers, providing them with the tools and confidence they need to grow into skilled, independent professionals who can contribute meaningfully to the firm and the legal community at large.

    Your Ph.D. focused on digital copyright. How do you think digital platforms and the rise of user-generated content have reshaped copyright enforcement, and what challenges do you foresee in this area? 

    Firstly, the rise of digital platforms and user-generated content has dramatically reshaped the landscape of copyright enforcement. As digital content becomes more accessible and easily shared across platforms like social media, streaming services, and content-sharing websites, the challenges related to copyright protection and enforcement have multiplied. One of the most significant changes has been the increased volume of content that is uploaded and shared daily. With millions of videos, images, and text being posted by users globally, it becomes increasingly difficult for copyright holders to track and enforce their rights, and this has made it essential for copyright owners to rely on more automated tools (such as content recognition systems) and platform-specific reporting mechanisms to identify and take down infringing material. Secondly, the growth of user-generated content (UGC) has led to new challenges, particularly when users remix or modify existing copyrighted works. Market leader platforms are filled with content that may incorporate copyrighted music, videos, or images. While these platforms have made strides in facilitating copyright enforcement, this has often resulted in debates around fair use and fair dealing exceptions and therefore I feel that this has created a legal grey area that copyright holders must navigate, balancing the protection of their rights while not stifling creativity and freedom of expression. Thirdly, the most important factor is the growing scrutiny on the role of platforms themselves in copyright infringement. These platforms increasingly monetize user-generated content, there is a growing call for platforms to take a more active role in monitoring and preventing infringement. The challenge here lies in balancing the responsibility of platforms to curb infringement with the free speech rights of users.

    To conclude, the intersection of digital platforms, user-generated content, and copyright enforcement presents a complex and dynamic challenge. As a result, ongoing innovation in both legal strategy and technology will be crucial in shaping the future of digital copyright protection in India.

    Success in legal practice is not always about winning cases. Can you share an example where success for a client was achieved through strategic negotiation or an innovative legal solution rather than a courtroom victory?

    I completely second you on this. In a classic case where my client had adopted a brand name which contained a well-known trademark wherein, I had advised my client to not include the well-known mark as part of the proposed brand. However, my client was ready to accept the risk and went ahead with the filing of the application. The application was examined and subsequently Accepted and Advertised in the Journal. The proprietor of the well-known trademark filed opposition against my client’s application, and we communicated the same to our client. Our client asked for our opinion was to how do we tackle this as our client wasn’t well equipped monetarily to stand against the proprietor of the well-known trademark that is where I advised my client that we shall initiate dialogue with the registered trademark owner stating that we shall delete the device which was in question and our clients agreed to the same. Pursuant to our clients’ instructions, we initiated the dialogue stating that we shall delete the device and proposed to amicable settle the matter.  The other side agreed to our proposal, and we filed a request for amendment to delete the device from our client’s trademark. This case taught me that strategic negotiation and creative solutions can often be more effective than litigation, especially in matters where brand value, business relationships, and long-term goals and finance are at stake. It reinforced the importance of thinking outside the box, being attuned to the client’s needs, and finding the best path forward by way of negations, even if it doesn’t involve a courtroom victory.

    Startups often face challenges in protecting their intellectual property with limited resources. What advice do you have for new businesses looking to secure their IP while balancing growth and innovation?  

    While advising startups on protecting their intellectual property (IP) while balancing growth and innovation, I always emphasize the importance of being proactive, strategic, and resource efficient. Startups often operate with limited resources, so it’s crucial to focus on the most valuable aspects of their IP and protect them in a way that aligns with their business goals. Here’s the advice I typically offer viz., identify and prioritize core IP assets, file for registration of the identified IP, enter into appropriate agreements with partners, investors, contractors, or even potential employees, push and enforce your rights and keep good records. While protecting IP might seem daunting for startups with limited resources, taking proactive, strategic steps can go a long way in safeguarding their innovations and setting them up for future growth. It’s about focusing on the most valuable IP assets, taking advantage of protection methods, and using strategic legal solutions that align with the business’s goals. By taking these steps early on, startups can ensure that they have the foundation for both innovation and long-term success, all while minimizing risks associated with IP infringement

    In your opinion, how can Intellectual Property laws be better leveraged to protect cultural heritage and traditional knowledge, especially in a diverse country like India?

    Intellectual Property laws can be better leveraged to protect cultural heritage and traditional knowledge (TK) in India by adopting a multifaceted approach viz., recognizing collective ownership, creating a Dedicated Legal Framework, Strengthening Documentation and Databases, Geographical Indications (GI), Customary Laws Integration, Benefit-Sharing Mechanisms, by spreading and creating awareness, International Collaboration, Preventing Misappropriation and Cultural Sensitivity in IP Laws. All implementing these factors, India can better safeguard its rich cultural diversity and traditional wisdom while promoting their sustainable use.

    With such a demanding and dynamic career in Intellectual Property Rights, how do you unwind and recharge? Are there any hobbies or activities you enjoy outside of the legal field that help you maintain balance?  

    Maintaining balance in a demanding career like Intellectual Property Rights requires intentional effort. The main factors that help me unwind and recharge are listening to music, playing Xbox, travel with family, get together and hang out with friends, reading blogs on IP and last a most favourite going on long rides with my wife. Such hobbies not only provide relaxation but often inspire fresh perspectives, essential in a dynamic career like IPR.

    What advice would you give to young lawyers entering the field of Intellectual Property Rights? Are there any specific skills or knowledge areas they should focus on? 

    According to me I would recommend the following to young lawyers entering the field of IPR viz., develop a strong foundation by strengthening the basics during your law school by understating basic concepts of IP law, build good analytical and research skills by reading blogs on IP, keep up a track the on current and more recent judicial precedents with regards to IP, stay updated about the global IP trends, explore drafting and take lessons on negotiations by engaging into internships, try to gain practical knowledge during your internships, learn to navigate national and global IP databases, stay updated with recent technology and industry trends, network with professionals through LinkedIn, focus on soft skills, and last but not the least continue to learn. By honing these skills and remaining adaptable, young lawyers can excel in this dynamic and rewarding field.

    Get in touch with Dr. Selwyn D’costa-

  • “Being the most knowledgeable person in the room means understanding not only when to speak but also when to listen.” – Arunima Jha Esq., Head of Legal Compliance at KnowledgeWorks Global Ltd.

    “Being the most knowledgeable person in the room means understanding not only when to speak but also when to listen.” – Arunima Jha Esq., Head of Legal Compliance at KnowledgeWorks Global Ltd.

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

    You started your educational journey at the University of Mumbai, where you achieved rank holder status. Reflecting on that time, was law a predetermined career path for you? What motivated you to eventually pursue an MBA?

    Law wasn’t always a clear-cut path for me. I kind of stumbled into it, like someone taking the scenic route and unexpectedly discovering a hidden gem. Becoming a rank holder at the University of Mumbai made me realize that I had a real talent for it, and it opened doors to a fulfilling career. Pursuing an MBA was a natural next step—it felt like adding a new dimension to my skill set. I wanted to combine my legal expertise with a business mindset, giving me an extra edge. After all, understanding the rules is important, but mastering the strategy is what truly makes a difference.

    After completing your bachelor’s degree in law, you pursued a Master’s degree specialising in Business and Corporate Law. What sparked your interest in this specialisation, and how has it influenced your career?

    Specializing in Business and Corporate Law was like deciding to take on the whole challenge, not just a part of it. I’ve always been fascinated by how businesses operate—from their internal structures to the deals that shape their growth. Getting into this field gave me the opportunity to hone my technical skills in areas like contract negotiation, risk management, and regulatory compliance. Managing mergers, acquisitions, and high-value contracts has become second nature, and I’ve gained the ability to analyse the finer details that make or break a deal. It’s not just about understanding the law but about applying it strategically to achieve the best outcomes. This specialization has equipped me with the expertise to craft legally sound documents while ensuring that the business objectives are met, making me confident in driving complex negotiations from start to finish.

    At the beginning of your career, you worked for 4 years as a legal associate before finally switching to corporate as an in-house counsel. What inspired your transition and could you share your experience working in both cultures?

    Transitioning from a legal associate to an in-house counsel felt like going from being a spectator in the stands to actively playing on the field. As an associate, the focus is more on legal technicalities, but in-house, you’re embedded in the business, facing challenges side by side with your team. One key aspect I’ve realized is that having a solid understanding of litigation is essential for any in-house counsel. It helps in recognizing potential legal risks, understanding the procedures, and confidently handling disputes when they arise. In fact, as in-house counsel, we often handle certain litigation matters ourselves, which has allowed me to become more comfortable with the unknown. This experience equips me with the knowledge to not only address issues as they surface but to anticipate them and strategically guide the business through them.

    Having collaborated with many prominent names, you are now the Head Legal Counsel for Knowledge Works Global Ltd. (KGL), a CJK Group Company. What has been one of the most interesting cases you’ve worked on, and what was your approach to handling it?

    Oh, where to start! One of the most exciting parts of my work is handling tech deals. I love collaborating with the tech teams—there’s always something new to learn. Sometimes I wonder if I’m asking too many simple questions, but honestly, it’s an amazing journey, and those questions help me dive deeper.

    That said, if I had to choose one standout contract, it would be the one I handled for Virat Kohli’s brand promotion with HSBC. The negotiations were intense, and it took me more than six months to finalize. By the end, I could feel the exhaustion setting in, but I knew I had to keep a cool head when the stakes were high. The approach? It was all about meticulous preparation, staying patient, and playing the long game. At the end of the day, it came down to finding that sweet spot where everyone walked away happy—or at least convinced they had come out ahead. After all, it’s not just about how you play the hand, but how you sell it to the table.

    In your impressive career spanning over 10 years, you’ve likely worked with numerous national and international clients. How has being a Certified Information Privacy Professional/Europe (CIPP/E) enhanced your understanding of the complexities surrounding privacy issues in different international jurisdictions?

    Being CIPP/E-certified has been crucial in enhancing my understanding of the complex landscape of privacy laws across various jurisdictions. While it’s fundamental to recognize the existence of privacy laws, comprehending the specific nuances and differences between countries is where the real expertise lies. For instance, Europe’s General Data Protection Regulation (GDPR) imposes strict requirements on data handling and protection, while other regions may have more relaxed policies that vary significantly.

    This certification has equipped me with the knowledge necessary to provide effective advice to clients regarding cross-border data flows. It allows me to help businesses understand their obligations under different legal frameworks and the implications of non-compliance. Moreover, in a constantly evolving legal environment, staying updated on these regulations is essential for ensuring that my clients not only meet legal requirements but also adopt best practices for data protection.

    Ultimately, my CIPP/E certification enables me to offer strategic insights that empower my clients to navigate the complexities of international privacy laws confidently. It’s about providing them with the tools and knowledge to thrive in a global market while safeguarding their data and maintaining compliance with relevant regulations.

    During your time at Book My Show, you managed contracts for major live events featuring international artists. In your opinion, what are the key aspects that a legal practitioner, particularly one specialising in contract management, should consider when drafting contracts with international legal implications?

    When drafting international contracts, it’s essential to approach the process with the mindset of a strategist, anticipating potential developments well into the future. This involves several key considerations, such as thoroughly understanding the regulatory landscape in each jurisdiction involved. Selecting the appropriate governing law is crucial, as it sets the framework for how the contract will be interpreted and enforced.

    Additionally, addressing data privacy concerns at the outset is vital, given the varying regulations across countries. This ensures that all parties are aware of their responsibilities regarding data protection from the beginning. Furthermore, incorporating flexibility in critical terms, such as force majeure, is important, particularly when contracts involve live events that may be susceptible to unforeseen circumstances, ranging from a global pandemic to natural disasters.

    The goal is to effectively address potential “what ifs” without unnecessarily complicating the agreement. This balance allows for a comprehensive contract that protects the interests of all parties while maintaining clarity and simplicity in the terms. By doing so, we can create agreements that are not only legally sound but also adaptable to the unpredictable nature of international business.

    As a strategic legal counsel supporting the company’s legal operations across global jurisdictions, how do you believe the Digital Personal Data Protection Act 2023 is reshaping the digital landscape in India? What practices would you implement to navigate the changes introduced by this act?

    The DPDP Act 2023 is fundamentally transforming the landscape of data privacy, compelling companies to rethink how they collect, process, and safeguard data. This legislation encourages organizations to enhance their data-handling practices and embrace a privacy-first mindset.

    To effectively respond to these changes, I recommend that businesses prioritize updating their data management policies and conducting regular audits. It’s also crucial to ensure that the entire team is thoroughly familiar with the new compliance requirements. Think of this process as analogous to upgrading your operating system—it’s essential to ensure that everything operates seamlessly and efficiently, minimizing the risk of unexpected challenges. By proactively adapting to these new standards, organizations can not only achieve compliance but also build trust with their customers.

    With over a decade of experience, what advice would you offer to our young readers who aspire to become successful corporate and commercial lawyers in the future?

    Always bring your best to the negotiation table—being the most knowledgeable person in the room means understanding not only when to speak but also when to listen.

    First and foremost, it is essential to adopt a mindset of continuous learning, as the legal landscape is ever-evolving. Staying current is vital for success in this field. It is important not to confine oneself to theoretical knowledge; gaining practical experience through real-world cases can greatly enhance one’s understanding. Additionally, developing both legal expertise and business acumen is crucial. By combining these skills, as a legal professional one can solve complex situations more effectively and make informed decisions that benefit all parties involved.

    Get in touch with Arunima Jha-

  • “My journey into law was a choice of passion over convention, fueled by a desire to explore intellectual property rights and make a meaningful impact in the field.” – Vibhav Mithal, AI & IPR lawyer & Associate Partner at Anand and Anand.

    “My journey into law was a choice of passion over convention, fueled by a desire to explore intellectual property rights and make a meaningful impact in the field.” – Vibhav Mithal, AI & IPR lawyer & Associate Partner at Anand and Anand.

    This interview has been published by Namrata Singh and The SuperLawyer Team

    Hello and welcome to SuperLawyer Youtube channel. And once again, we are here with a phenomenal personality Vibhav Mithal and a very dear friend. I have known him for more than a couple of years now. Welcome Vibhav. Thank you for agreeing to this interview. And yes, I should introduce him as a partner at Anand and Anand and other than that, he will carry forward with his own story.

    I would request you to tell us about your journey into the legal field, and how you decided to become a lawyer, especially in intellectual property rights, which you are fascinated about and have made a name in. What inspired you to specialize in such a niche area? And please take us through your journey. Welcome Vibhav and thank you.

    Thank you so much, Divya. It’s an absolute pleasure to do this with you. I’ll start from the beginning of my journey. My parents are doctors, and there’s a conventional expectation in India that a doctor’s son will become a doctor or an engineer’s son will become an engineer, right?

    My father told me clearly, “Son, you won’t be able to do engineering,” so it was between medicine or another profession. I honed in on law because, at that point, it was more a process of elimination. I didn’t want to do engineering, and although I considered medicine, I wasn’t sure. Both my parents cast long shadows, being very successful in their fields. I felt that pursuing law would give me the flexibility to move into journalism, which interested me at the time. I was heavily involved in theater during school, and I thought I might explore laws around theater and playwrights, or perhaps even pursue an MBA after law school. Thus, I chose law, keeping my options open.

    Once I made up my mind, I started coaching during class 12. Even though I was busy with my board exams, I began career launcher coaching from SDA market in New Delhi. I remember this very clearly; it was back in 2007-2008 when I took the CLAT exam while also preparing for my 12th boards. Despite taking up the coaching, I couldn’t focus entirely on it because I prioritized my 12th exams. However, I was very mindful and present during the coaching classes, which were held every Monday from 5:30 to 7:30 PM.

    By the time I reached the CLAT exam, I had a good understanding of how to approach competitive exams. I also did a crash course with Career Launcher in April before the exam. Fortunately, I made it to NUJS, Calcutta. I had a clear strategy for the CLAT exam, knowing how many marks each section was worth, how much time to allocate to each section, and the order in which I would tackle them. I prepared thoroughly for the black-and-white sections like GK and English vocabulary, while practicing the more nuanced sections through mocks.

    NUJS was fantastic for five years, but I won’t go into too much detail. Moving on to the question about intellectual property, one of my uncles, Ratan Masaji, introduced me to the concept when I was in my second year of law school. We were at the Indian Habitat Center, having tea on the terrace, and he mentioned an IP case. The idea of intellectual property intrigued me

    By the end of my third year at NUJS in May 2011, two significant events occurred. First, I interned with Geeta Luthra, a renowned civil litigator, which ignited my passion for litigation. It was an intense internship, with long hours from 10 AM to 1 or 2 AM, spanning four weeks. During this period, I experienced the trial courts in Delhi, which remained active until June.

    The second notable event was meeting Rodney Ryder, a prominent figure in intellectual property law, in CP. He shared his experiences and recommended I read “Rembrandts in the Attic,” a book on intellectual property rights and monetization, particularly focusing on patents. This book, written in the early 2000s, discussed the evolving perception of intellectual property in America.

    After reading the book in the summer, my fourth-year courses in intellectual property began. My professors, Anirban Majumdar (copyright law), Vishwas Devaiya (trademark law), and Shamnat Basheer (patent law), further solidified my interest. Anirban sir’s teaching resonated with me, especially due to my background in theater. Shamnat sir shifted my focus from copyright to patents, and Vishwas Devaiya sir introduced me to trademark law.

    By the end of my fourth year, I was certain about pursuing intellectual property law. Despite being in the top 20 of my batch, I chose not to participate in placements. My commitment was clear to my peers, who often went on weekend trips while I focused on internships and coursework to enhance my CV.

    In my final year, I faced pressure from my mother to consider placements, but I remained steadfast in my decision to specialize in intellectual property. I dedicated my time to relevant internships and coursework to ensure my CV reflected my focus on IP. This was a stressful period as IP litigation jobs were scarce.

    Fortunately, in March 2013, Anand and Anand held a recruitment fair at my college. I was interviewed and selected the same day, about 40 days before my final exams. The interview, which has become part of ANA folklore, involved questions on patent law and the concept of a person of ordinary skill in the art. My current boss and Mr. Anand himself conducted the interviews.

    This journey, from my third year to securing a position at Anand and Anand, highlights my commitment to intellectual property law and the steps I took to achieve my goal.

    Your story is truly fascinating, especially how you were so determined to focus solely on intellectual property litigation. This field is still quite niche and hasn’t become mainstream yet. Thank you for your dedication, as it ensures we have skilled lawyers in India who specialize in intellectual property litigation.

    With that in mind, you must have witnessed significant changes over the past decade in this field. What kind of advancements or enhancements have you observed, and how have you contributed to these changes? Please share your story.

    I think one of the main aspects of changes in intellectual property law over the last decade is my tenure at Anand since I left law school. One important thing for the audience to understand is that Anand and Anand is a pro-IP firm.

    We protect and enforce intellectual property rights, standing up for the IP owner across various fields, including trademark law, patent law, and copyright. For instance, in patent law, we represent the patentee, such as a cancer drug owner. In trademark law, we stand with brand owners, and in copyright law, we support individual artists or singers against any opposing party. The changes we’ve seen in IP law are viewed through this protective lens. Much of the intellectual property rights litigation occurs at the Delhi High Court.

    Let me highlight two to three major changes in IP law from different perspectives. First, regarding the reliefs granted by the court: On my first day on the job, my immediate boss handed me the 275-page judgment passed by Justice Manmohan Singh in the Roche Cipla patent infringement dispute. This was the first lawsuit filed under the Patents Act of 1970 after the product patent regime had begun. My first two and a half years involved being part of the Roche versus Cipla appeal. Roche, a cancer drug maker, had initially lost before the single judge, and the first appeal was before the division bench. During this process, I learned a great deal about patent law, conducted extensive research, and honed the art of handling complex matters.

    A significant change occurred on November 27, 2015, when we won that appeal. The court laid down several concepts of patent law and jurisprudence, particularly in the context of pharmaceutical patents, which remain relevant today. This victory marked a shift towards a pro-patentee stance about two and a half years into my profession.

    In terms of substance, trademark law reliefs have blossomed, now including costs and damages against infringers. Copyright law jurisprudence has also been evolving and growing. The reason I emphasize this from a patent perspective is that it illustrates how jurisprudence evolves, especially in the more nuanced areas of law.

    Another significant experience was my involvement in the Monsanto dispute at the Supreme Court level after returning from my LLM. This dispute provided a different type of experience, where I was not only the most junior member but also deeply familiar with the case files.

    So, the issue was more in the context of patent eligibility tests. Simply put, it was about determining whether an invention qualifies as a plant variety, a gene, or something else. The court was able to understand the various legal issues, set aside the decision of the division bench, and sent it back to a single judge for reconsideration and trial.

    I highlight these points from a patent perspective to show how courts adeptly understand the nuances of legal issues. Outcomes can vary, but this change shows progress.

    The second change relates to procedural aspects. In India, associates involved in litigation ensure that once a lawsuit is filed and summons are served, service is coordinated through their office. I remember in 2015, about two years into my career, I had to serve a defendant in a foreign country. I got their address from public domains and gave it to our courier service, but they reported the address as incorrect. This led to a lengthy argument, as an incorrect address meant the defendant wouldn’t be served, prolonging the litigation unnecessarily.

    One notable change is the introduction of WhatsApp service by the Delhi High Court in 2018, which streamlines this process. Additionally, procedural laws have evolved, imposing strict timelines. If a written statement isn’t filed within 120 days, the right is forfeited. Previously, after filing a written statement, separate processes like admission denial affidavits would extend the timeline significantly. Now, these processes are clubbed together, expediting litigation.

    For example, in 2022, post-COVID, I handled a trademark case where the defendant had no viable defense. We moved for summary judgment, argued, and received a favorable ruling, saving the client’s costs for a full-fledged trial. These changes, largely due to the Commercial Courts Act, recognize IP as a commercial dispute, altering litigation timelines and procedures. The Delhi High Court’s rules also include WhatsApp service, reflecting significant procedural advancements.

    Lastly, with the abolition of IPAB, the Delhi High Court’s Intellectual Property Rights Division now handles both IP infringement cases and appeals from the registry. This has expedited the resolution process; for instance, two trademark appeals were decided within 36 days.

    For students and new practitioners, these rapid changes require a clear understanding of timelines and meticulous planning. While litigation often focuses on immediate deadlines, having both a macro and micro view is crucial. Balancing short-term responses with long-term planning helps navigate the evolving legal landscape efficiently.

    Your explanation is meticulous. Your ability to recall dates, days, years, and everything in such detail is impressive. It’s not easy to maintain that level of precision, and it’s commendable.

    As you mentioned your LLM, could you elaborate on that a bit more? Specifically, what differences did you notice between the study process in India and in the US? A comparative analysis would be very insightful. Additionally, how did your thought process change after completing your LLM and returning to rejoin your work? Would you be willing to share those experiences?

    Of course, it’s an excellent question. Before I address the differences and changes, I think it’s essential to first discuss when to pursue an LLM. The decision is highly personal.

    An LLM’s value depends significantly on what you make of it. One of the most crucial aspects of an LLM is how you utilize the program, the choice of the program, the professors, and the course combinations. How you spend your time in the program defines your LLM experience and impacts your time after completing it.

    Whether to pursue an LLM immediately after college or after gaining work experience is a personal choice. I chose to do it after working for a few years for several reasons. Firstly, you gain better clarity about your goals with an LLM after having two to three years of work experience. While two to three years of work experience is ideal, a minimum of two years is necessary. This experience teaches you discipline, how to handle stressful situations and deadlines, and it clarifies your mind after some time in practice.

    For instance, if you’re practicing in a specific area, you might decide to pursue an LLM in that same field. In my case, I was practicing intellectual property law and chose to do an LLM in the same area because my practice confirmed my interest in intellectual property. However, it could have gone the other way. After two or three years in intellectual property practice, I could have concluded that I wasn’t enjoying it and decided to pursue an LLM in a different field.

    There are advantages to gaining work experience before pursuing an LLM. The overall LLM experience is different because, with work experience, you don’t get overwhelmed by tough professors, challenging assignments, or grading concerns. You’re able to handle situations on their merits and substance, focusing on what you want to learn without being overly concerned about grades. This clarity often comes with work experience.

    Additionally, work experience helps you decide which LLM college to attend. I had a few options, but I chose to attend Boston University School of Law for their niche LLM in Intellectual Property program, even though it didn’t qualify me for the US bar exam.

    Of course. It’s an excellent question. Before I address the differences and changes, I want to first discuss when to pursue an LLM. This decision is a personal choice.

    I made a conscious decision in my journey. I remember having an informal interaction with a leading law firm in the US. They mentioned that they had encountered many Indian lawyers who come to America, but I was the first one they met who didn’t intend to take the bar exam or even choose a course that required it. I explained that given my job experience and exposure in India, achieving an equivalent position in America would take three to five years, perhaps even less, but it would still require significant time. Therefore, the bar exam was not a priority for me. Instead, I focused on learning intellectual property.

    During my studies, I took diverse courses, including Trade Secrets Law, Food and Drug Administration (FDA) Law, and an IP Workshop at Boston University School of Law. In the IP Workshop, we critiqued leading academics’ papers, including one on the Oracle-Google Java API copyright dispute, which the US Supreme Court later decided in favor of Google. I wrote a paper supporting the copyright owner, diving deep into the history of the dispute.

    This academic course, seemingly detached from practical practice, taught me to understand and formulate arguments based on the underlying positions of opposing papers. This skill has been invaluable, even aiding me in the Monsanto decision when I returned to India.

    In terms of differences and takeaways, one significant aspect of American legal education is the required study time. For every hour of class, an average reader needs at least three hours of study outside class. For instance, 10 hours of class time a week, or 10 credits, translates to 40 hours of study. This means dedicating eight hours every day, Monday to Friday, solely to studying.

    Each lecture comes with assigned readings, and professors ask questions based on these readings. If you’re unprepared, you’ll fall behind and have to catch up on your own. Staying on top of readings is crucial for continuous learning. Professors will push you if you’re diligent. For example, in my Food and Drug Law course, my professor encouraged me to compare the biologic and biosimilar regimes in India, rather than taking an end-semester exam. She is an authority in the food and drug space, and her guidance was invaluable.

    This commitment to preparation and engagement defines the American law school experience and is a key difference from other systems.

    I ended up writing a 70-page paper for that course, not because I had planned to, but because the professor engaged with me continuously, rather than assessing me on an end-semester exam. She kept giving me deadlines, saying things like, “I like the discussion. Why don’t you come back with a title next week?” So I went back with a title. Then she said, “I like the title. Why don’t you come back with an abstract next week?” I wrote the abstract. Then she said, “Now that you have the abstract, let’s work on the informative portion of the paper, and then we’ll come to the analysis.” This created a different kind of engagement.

    On the academic side, the LLM experience involves investing in your education and studies. However, an equally important aspect is the exposure outside the classroom, where you meet people from different countries. During orientation, I made sure to meet every single batchmate. This is common across any law school, but I made a concerted effort to connect with everyone. As a result, my friend circle grew to 16 people from 11 different countries. Despite the craziness of studies, we managed to do three trips together. We went to Mexico during spring break with half of the group, and after exams, all 16 of us took a trip to Cape Cod in Massachusetts. We rented a large house that could accommodate all of us, which took half an hour just to explore fully.

    One memorable moment was when we arrived at the house in May, around this time of year. The American winter had just ended, and summer hadn’t fully started yet. We got there around noon, but by 7 PM, we realized no one had entered the kitchen, and we were all hungry. We discovered the stove didn’t work, so we called the person who arranged the rental. He panicked, saying he would send someone to fix it, but that person didn’t speak English. We assured him it wasn’t a problem, given our diverse group from 11 different countries; we would manage.

    This experience highlighted the value of an LLM beyond academics. It teaches you many skills and builds lasting friendships and big ideas. It’s been seven years since I finished my LLM, and I’m still in touch with my alma mater, BU Law. I even spoke there recently. We had a reunion in 2019, reinforcing the strong connections formed during that time. My LLM books are still on my shelf, and I refer to them when needed. Some recent matters I’ve worked on directly relate to my LLM studies, particularly in IP law.

    An LLM experience isn’t just about ticking off a checklist; it’s about growth and development, both consciously and subconsciously. It’s important to be clear about why you’re pursuing an LLM and how you intend to use it. The combination of professors and courses you choose is crucial, but so is enjoying the journey. My schedule was set: I studied from Sunday to Friday evening, then spent Friday evening and Saturday with friends. Saturday morning was for house chores and a bit of study, and Sunday was dedicated to studying. Every weekend, from September until graduation, we had fun on Friday and Saturday nights. Looking back, I feel like I balanced my studies and social life well, and I certainly made the most of my time with friends.

    Wow, what a fascinating journey you have had! I don’t know whether you planned it all or if it just happened flawlessly for you, but you always seem to achieve the best possible outcomes in whatever you do. From my experience with you on AI and law, as well as AI and IP, I can certainly attest to that.

    As you enjoyed your LLM and your work with Anand and Anand, where you decided to prioritize IP, it has clearly become your niche. You are now an authority in the field. I want to ask, how did you come to love AI and law, as well as AI and IP, in the same manner? What prompted this interest, especially since you started working on it long before it became a popular topic? Additionally, could you please share your perspectives on the current impact of AI on IP and what you foresee in the future, given your extensive experience?

    Thank you for that question. My interest in AI is something that often surprises people, both at my workplace and elsewhere, especially considering my passion for IP. They often wonder how I got into this field. I think it boils down to a couple of key factors.

    First and foremost is curiosity. I’ve always been curious, and AI intrigued me way back in 2019, just two years after completing my LLM. Second, my brother-in-law, who is heavily involved in AI, played a significant role. Similar to how I had a masaji who spoke about IP, I had a jijaji who mentioned AI in conversations. Additionally, in 2019, Mr. Anand organized a moot court focusing on AI issues, which led to further discussions and piqued my interest in AI.

    The real turning point came during the COVID lockdown. With the extra time on my hands, I stopped watching TV by mid-April 2020, just a month after the lockdown began. Instead, I started reading more. I came across articles by Karen Hao, who wrote for MIT Technology Review and published a weekly newsletter called “Algorithm.” Her writings sparked my interest further. I even wrote to her, and she knows about my admiration for her work.

    Around the same time, I joined the MKAI (Milton Keynes Artificial Intelligence) community. They held weekly events on AI, which I found fascinating. They also had a WhatsApp group for discussions. By November 2020, I was actively participating in these discussions, dedicating an hour or so each evening to reading, responding, and sharing my views instead of watching TV.

    This routine continued for about six months until Richard Foster Fletcher asked me to become the voluntary head of the MKAI community in early 2021. I held this role until the end of 2022. During my one and a half years with MKAI, we conducted numerous LinkedIn Live sessions, where I often served as the lead panelist. This period significantly enriched my understanding and involvement in AI.

    So, my journey into AI began with curiosity and was fueled by influential people and timely opportunities during the COVID lockdown.

    My journey into AI ethics began with what could be termed as a long-distance LLM, or an interactive LLM, if you will. Monthly events and my role as a lead panelist in LinkedIn Live sessions required extensive reading, sparking my interest in AI ethics. One particularly impactful read was a book on AI ethics authored by Mark from MIT, alongside literature on machine learning and “Transforming in the Age of AI,” which I began exploring in 2020, just before COVID-19. These discoveries were driven purely by curiosity.

    Soon after, I became involved with a Springer journal titled “AI Ethics,” joining its peer review board upon nomination. This marked my formal introduction to the field. Subsequently, my tenure as voluntary head of community at MKAI, an organization dedicated to general AI, spanned one and a half years. MKAI proved invaluable for anyone looking to delve into AI and establish themselves in the field.

    My involvement with MKAI coincided with my joining ForHumanity, a role closer to home as they were then developing an AI systems audit framework under data protection laws. This move solidified my commitment, and I haven’t looked back since. With ForHumanity, initiatives like Koli Team India were launched, focusing on India’s AI policies from 2021 onwards. We meticulously reviewed the national strategy, responsible AI reports, and contributed to shaping the AI audit scheme proposed in the withdrawn data protection bill. Throughout 2022, I actively participated in responding to industry calls for comments, forging connections that furthered organic growth.

    LinkedIn played a significant role during this period, facilitating high-quality interactions and connections across the globe, especially during the COVID-19 pandemic from 2020 until early 2022. Although initially centered on IP and AI debates, my focus evolved towards understanding AI comprehensively—exploring AI ethics, responsible AI, and its ethical implications. This broadened perspective led to collaborations with industry bodies and engagements with legal aspects, particularly concerning generative AI and IP issues.

    My involvement extended to providing initial feedback to NASSCOM on their generative AI guidelines, an effort recognized in their published report of June last year. These experiences have shaped my understanding of AI from a legal lens, highlighting its impact on intellectual property and sparking debates on ownership and authorship.

    Looking back, my journey has been defined by a deliberate curiosity and a strategic choice in how I allocate my time. Engaging with AI holistically, I’ve maintained a non-technical approach, leveraging my legal background to translate ethical considerations into responsible AI practices—focusing on data protection, IPR, and security implications. As the landscape continues to evolve, my commitment remains steadfast, anchored in a clear understanding of AI’s legal implications and its transformative potential.

    Wow, “Chip War” is one of my favorite books. Yes, Lord Tim Clement. I’ve read a lot about him and have interacted with him a couple of times. I enjoy how with every sentence he speaks, there’s always a book reference. That’s something that makes me really happy. It’s rare to find someone who always has a book to refer to, and I love that. I’m an avid reader myself. I have all the books in the series, like “Chip War,” “Breached,” and others that explore AI and law from a non-technical perspective. It’s important not to always view it from a technical standpoint.

    Knowing you as someone who demystifies AI from a non-technical angle, I’d like to ask: What key points do you think everyone should understand about AI, not just from a technical standpoint but also from a legal perspective? Additionally, for students and young lawyers in fields like litigation or IP law, how do you suggest they approach building a career similar to yours? What should they focus on as law students or early-career lawyers?

    I appreciate these insightful questions. I’m glad to see the flow of our conversation touching on various aspects. Let me share my journey, focusing on two key areas you’ve highlighted: understanding AI and what students can do in this domain.

    Firstly, it’s crucial to grasp the current AI landscape. AI can be categorized into two main types: artificial narrow intelligence (ANI) and artificial general intelligence (AGI). ANI, as a pattern recognition tool, generates outputs like images or text based on recognized patterns, albeit within its defined tasks. AGI, on the other hand, envisages AI reaching human-level intelligence, a frontier still distant despite ongoing research and occasional claims.

    For students entering this field, understanding these distinctions is pivotal. Current laws and regulations, including those from bodies like the World Intellectual Property Organization and recent EU AI Act amendments, predominantly address ANI. This underscores the importance of comprehending AI’s present capabilities and limitations.

    AI pervades everyday experiences—from entertainment streaming to social media interactions. Viewing AI through a non-technical legal lens helps appreciate its omnipresence and anticipate associated legal challenges such as privacy and security.

    Regarding AI’s impact on employment, it’s essential not to confine discussions solely to job displacement. While some roles may shift, others will emerge, akin to historical technological shifts. Embracing AI comprehensively demands holistic perspective, encompassing its societal, economic, and ethical dimensions.

    For aspiring students, clarity in career aspirations is crucial. Whether pursuing AI or intellectual property (IP) law, introspection into personal interests is foundational. Knowing oneself—what interests and excites—is pivotal in shaping a fulfilling career path. My own journey into IP law stemmed from personal curiosity and academic exploration rather than mere prestige.

    Specializing in IP law necessitates a focused approach. Awareness of diverse opportunities beyond prominent firms is vital. During my own career search, I meticulously researched roles across various tiers of firms, aligning each with specific career goals and progression plans.

    Internship experiences are pivotal in this journey. Commitment and diligence during internships often translate into tangible career opportunities. I recall instances where interns’ dedication during intense projects led to permanent roles—a testament to the importance of commitment and understanding one’s responsibilities.

    Opportunities in AI and related fields abound for those passionate about technology and policy. Playing to one’s strengths, whether technical or legal, is essential. My advice to younger individuals exploring AI is to leverage their interests and strengths effectively within this dynamic field.

    In conclusion, navigating the evolving landscape of AI demands not only technical acumen but also a clear understanding of its legal and societal implications. By aligning personal passions with professional pursuits and seizing internship opportunities with dedication, aspiring professionals can forge rewarding careers in AI and IP law.

    “You’ve highlighted a crucial aspect: respect for the job and for the person assigning you tasks. Upholding this can significantly increase your chances of securing a job offer or a pre-placement opportunity, even during internships.

    I believe this perspective you’ve raised is vital. It’s not just about putting in 16, 18, or even 20 hours of work. What stands out is the importance of being respectful and mindful of the consequences that follow. The significance of a task isn’t solely determined by whether it’s handled in the Supreme Court or High Court.

    It should be seen in terms of its impact on your career. When you assist, recognition follows. That’s the essence of your suggestion, as I understand it. It’s crucial for students to grasp this concept, and it’s what we aim to convey here.

    We’ve covered much ground in this interview, but there’s one important question I haven’t asked yet about your personal life. How do you manage to maintain balance amidst your rigorous reading and work schedule? What advice would you give to others who struggle to find time for their personal lives?

    Could you share how you’ve managed this so far and offer insights on how others can emulate your approach?”

    Work-life balance is a crucial topic, especially in the post-COVID era. Personally, my parents, family, friends, and my wife have played pivotal roles in maintaining this balance.

    Initially, living with my parents in Delhi before marriage provided significant support. Litigation demands time to develop, and being able to consult and spend quality time with my parents was invaluable. Both of them are doctors, and observing their disciplined work schedules—from leaving early in the morning to returning by evening—left a lasting impression on me since childhood.

    After marriage, my wife’s unwavering support has been transformative, particularly from 2017 onwards, coinciding with significant milestones in my career, including Supreme Court cases and ventures into AI. Her background as a former corporate lawyer, now a teacher, brings a deep understanding of professional challenges, which greatly contributes to maintaining balance.

    Finding balance, for me, involves consciously investing time in activities that bring joy and relaxation. During the COVID period, this meant pursuing hobbies like reading about AI, alongside family time with shows like “The Crown.” As life resumed, balance shifted to outings for movies or enjoying quiet mornings together.

    Balancing responsibilities extends to our household, where everyone, including my sister-in-law who is a teacher, contributes. Even our dog plays a role in keeping spirits up. Quality time spent together during leisure hours significantly impacts our overall balance.

    Self-care is crucial. Taking time to connect with oneself amidst busy schedules is essential for maintaining equilibrium. Structuring my day with discipline has been key—I start work promptly in the morning and ensure to leave by early evening unless urgent matters demand otherwise. This routine allows for dedicated time at home, whether it’s enjoying moments with family or unwinding with entertainment.

    Achieving work-life balance hinges on transparent communication about priorities and mutual understanding within the family circle. This approach has been instrumental in shaping my perspective on balancing professional and personal commitments effectively.

    Thank you, Vibhav, for bringing such insightful perspectives to our conversation. Your thoughts on work-life balance were particularly inspiring, emphasizing the importance of discipline in achieving harmony. I’m certain our learners and listeners will find your approach worth emulating, and I encourage them to connect with you. Your responsiveness and generosity are truly commendable.

    I also appreciate your role as a community builder, bridging the gap for us lawyers in AI and other emerging fields, making these advancements accessible in India and beyond. Lastly, thank you for agreeing to this interview. I hope you found it enjoyable, and once again, your participation is greatly appreciated.

    It’s been my absolute pleasure.

    I have just shared my perspectives and more than happy to listen to anyone. Any questions and you’re right I do respond to everyone almost who reaches out to me. So there’s absolutely no problem. Anyone is confused. If there’s anything they have questions, they want to ask more, happy to converse.

    So thank you so much. It’s been an absolute pleasure interacting with you.

    Get in touch with Vibhav Mittal-

  • “I stress the values of ethical behaviour, professionalism, consistency, and empathy in legal practice. This instills in students a strong sense of responsibility and integrity as they prepare to enter the legal profession.” – Vikas Khera, Managing Partner at Lexfons

    “I stress the values of ethical behaviour, professionalism, consistency, and empathy in legal practice. This instills in students a strong sense of responsibility and integrity as they prepare to enter the legal profession.” – Vikas Khera, Managing Partner at Lexfons

    This interview has been published by Namrata Singh and The SuperLawyer Team

    Your career journey showcases an impressive trajectory in the realm of Intellectual Property Rights. Could you share the pivotal moment or experience that motivated you to pursue this field? Also, when you first started practicing, what were some of the most significant challenges you faced, and how did you overcome them? 

    Initially with a strong passion for finance, I earned my bachelor’s degree in commerce, however, noticing the importance of Intellectual Property Rights (IPR) I, tilted towards law with clear standing of pursuing career in IPR. My journey to where I am today is a testament to consistency and dedication towards work. In the early days of my career, I was young, enthusiastic, and eager to understand the complexities of law. Finding a mentor was crucial, and I dedicated myself to learning and hard work. Patience and perseverance were my guiding principles until I eventually established my own firm. I’m grateful to all who supported me on this journey.

    Your previous associations highlight diverse experiences, from attending hearings to coordinating raids. How have these experiences enriched your understanding of the legal ecosystem?

    My past roles, from attending hearings to coordinating raids, have significantly broadened my understanding of the legal world, especially in intellectual property law. At hearings, I learned about courtroom dynamics, legal strategies, and how judges interpret laws. Coordinating raids taught me practical enforcement tactics, gathering evidence, and dealing with challenges in IP protection. These experiences gave me real-world insights into how the law works in practice, essential for effective advocacy and helping clients navigate legal issues.

    Apart from legal expertise, what other skills or qualities do you believe are essential for a successful career in Intellectual Property Law?

    According to me, effective client relationship management, proper preparation and thorough documentation collection before starting work, creative thinking etc. are essential for a successful career.

    Given your extensive experience, you’ve likely encountered various misconceptions about Intellectual Property Rights. What is one common myth or misunderstanding about IP law that you often find yourself dispelling in your practice?

    What I have encountered mostly is the basic misconception amongst the client that

    “If he makes even a slight change to his commercial benefit and file mere trademark application, it becomes his property.” “Further, registration of trademark is expenses which client wishes to do once they earn good amount of money under that trademark”

    Trademark law protects only distinctive words, symbols, logos, signs, names that are capable of distinguishing the goods and services from those of others. Any modified version cannot be granted protection until the same is distinctive.

    As a guest faculty at various institutions, you likely interact with aspiring legal professionals. What differences, if any, do you observe between students of today’s generation and those from when you were in their shoes? How do these differences influence your approach to teaching or mentoring young legal minds.

    With students increasingly digitally savvy and globally connected, they are more aware of international issues, which shapes our discussions on legal topics with global impact. I integrate real-world examples from around the world to enrich their legal education.

    I also stress the values of ethical behaviour, professionalism, consistency, and empathy in legal practice. This instills in students a strong sense of responsibility and integrity as they prepare to enter the legal profession.

    As someone who has witnessed the evolution of Intellectual Property Law over the years, what emerging trends or developments do you find particularly intriguing or promising for the future of IP protection and enforcement?

    In recent years, I’ve seen a significant shift in intellectual property (IP) towards protecting digital innovation and technology. Advances in AI, blockchain, and biotech have created new challenges and opportunities in IP. 

    Businesses and consumers are increasingly aware of and enforcing IP rights, especially post-pandemic. This cultural shift is fostering innovation and entrepreneurship, promising a bright future for IP for India’s economic growth and competitiveness on the global stage.

    Beyond the courtroom, Intellectual Property disputes can sometimes involve alternative dispute resolution methods like mediation or arbitration. How do you approach these alternative methods, and what unique advantages do they offer in resolving IP conflicts?

    Alternative dispute resolution (ADR) provides a special way to settle intellectual property conflicts, standing out from traditional litigation. It offers confidentiality, speed, and cost-effectiveness, making it appealing for resolving disputes amicably while protecting sensitive business details and avoiding long legal battles.

    I focus on the client’s business interests and try to create an environment that encourages open communication, emphasizing active listening, strategic negotiation, and exploring creative solutions tailored to the unique complexities of each dispute. These are a few of benefits of mediation.

    Beyond legal pursuits, what are your personal hobbies or interests that you find enriching or rejuvenating? 

    As a legal professional, I strongly advocate for maintaining a balanced lifestyle that includes regular outdoor activities to foster mental and physical well-being. I try to spend quality time with my family and indulging in my hobbies. I particularly enjoy playing table tennis and badminton with my family whenever possible. Additionally, I have a passion for driving.

    Internships play a crucial role in shaping the careers of law students. Could you elaborate on the significance of internships in providing practical experience and mentorship opportunities for aspiring legal professionals? Additionally, what advice would you give to law students or young lawyers aspiring to specialize in Intellectual Property Law? 

    For those looking to specialize in Intellectual Property Law, I would advise seeking internships in Tier 2 or Tier 3 firms, as they offer opportunities to learn about prosecution, opposition, and litigation all at the same time. Typically, internships in Tier 1 firms only provide exposure to either prosecution, opposition, or litigation. It’s also important to maintain a network with professionals, stay updated on industry trends, and take a proactive approach to learning. This field is dynamic and rewards dedication and hands-on experience.

    I would like to extend my heartfelt thanks to Team Superlawyer for inviting me and giving me this opportunity.

    Get in touch with Vikas Khera-

  • “Patience, perseverance, and hard work are the three important pills for a 1st generation lawyer,” – Gowthami Reddy D, Founding Partner at Pentallect Partners.

    “Patience, perseverance, and hard work are the three important pills for a 1st generation lawyer,” – Gowthami Reddy D, Founding Partner at Pentallect Partners.

    This interview has been published by Namrata Singh and The SuperLawyer Team

    Your journey into Intellectual Property law seems quite diverse and extensive. Could you share some insights into how your career began and evolved to where you are today?

    Post my LL.M degree in Intellectual Property law, I was very keen on establishing an IPR practice.  However, it is very important for a lawyer to be exposed to many areas of practice before narrowing down to the field of liking. Therefore, I chose to practice general litigation along with IPR. In total, I worked for 4 law firms before starting on my own.  Most of my work was in the area of IPR. During my time as a junior associate, I wrote articles on different topics of Intellectual Property to explore the subject.  Writing articles on topics you would like to explore is the best way to gain knowledge on the said topic. My articles I posted on LinkedIn actually brought me clients. I also got an opportunity to train MSMEs through MSME DI Chennai which brought the much needed visibility. Patience, perseverance and hard work are the three important pills for a 1st generation Lawyer. 

    As someone who has practiced in both independent and corporate legal settings, what differences do you find in terms of approach and strategy when handling intellectual property matters?

    In both the setups, ultimately the strategy depends on the facts and circumstances of each case. In terms of approach to clients, cases, fees etcA corporate firm is extremely structured and there are systems in place to deal with multiple aspects. 

    Intellectual property law encompasses various aspects, including patents, trademarks, copyrights, and geographical indications. How do you stay updated with the latest developments and best practices across these diverse areas?

    Being a lawyer; to serve your client best it is very important that you keep yourself updated. It is very essential that you read regular law journals and latest judgements, blogs, and international and national blogs. Regular reading is the key.

    Your involvement with MSMEs and entrepreneurs suggests a passion for supporting small businesses. How do you tailor your legal advice to meet the unique needs and resources of these clients?

    Like I mentioned earlier there are no hard and fast rules as to how to deal with a certain type of client. Requirements of each client, whether a person/ entity is unique and every case requires a tailor made strategy.

    Could you share a memorable case from your time at Fox Mandal Little where your expertise in copyright infringement or design registration made a significant impact on your client’s business?

    While in Fox Mandal, I was doing more of prosecution than litigation and I remember working on very prestigious brands and clients.  Many were international. It is pertinent to mention that it was here in Fox Mandal that I was exposed to the non-contentious and prosecution side of IP practice; wherein my previous and later association with other firms were more of litigation. This experience allowed me to look at and practice IPR in a 360 degree perspective.

    Reflecting on your journey thus far, what do you consider your proudest professional achievement, and what lessons have you learned along the way that you would like to impart to others in the field?

    My entire journey thus far is an achievement. Being a 1st generation lawyer and without a legal background and guidance, holding my ground so far is a great achievement for me. Apart from that I have many prestigious names in my clientele. Integrity, honesty, sincerity and hard work shall take anybody a long way. However, sometimes smart work is also important.

    You’ve authored the IP Digest and conducted numerous IPR training sessions. How do you believe education and awareness in intellectual property rights contribute to innovation and business success?

    In my experience, in the Indian scenario I have seen quite highly educated people lacking awareness on Intellectual Property Rights.  Many of them are quiet ignorant about the benefits it can offer and also the dangers of not taking certain actions at the right time. That is the very purpose of coming up with this digest so that the laymen and children can learn the importance of IPR. Exploiting one’s IPR is a practical way to success. That is what I try to reiterate in my training sessions.

    Your academic journey includes pursuing a Master of Laws (LLM) in Intellectual Property Law from the University of Manchester. Could you share some insights into how the educational experience in Manchester differed from your studies in India, and how that experience has influenced your approach to practicing intellectual property law?

    It is mostly self-learning through course works and dissertations. It was however different, and had a different perspective. Some exams were for 1hr 15 min which actually needs you to keep the subject in your fingertips. Overall, it was a good exercise to the brain and a test of your ability and calibre.

    You’ve been involved in mediation and copyright infringement cases. How do alternative dispute resolution mechanisms contribute to resolving IP disputes effectively?

    There are certain aspects of IPR that can be resolved only through courts.  However, there are disputes which could be solved by using alternative dispute resolution mechanisms. Its time saving and faster compared to litigation.  It is beneficial under certain circumstances. 

    How do you typically unwind or recharge outside of your professional responsibilities? Do you have any hobbies or activities that help you relax and maintain a healthy work-life balance?

    You will actually know when you need a rest, your brain’s ability to think further stops for a minute. I do have hobbies of which reading books of literature and children’s books give me utmost pleasure. I like to watch legal dramas to keep me motivated and connected. Travel is a must and the best. Nevertheless, the best among them all is to spend quality time with family, cousins and close friends. It rejuvenates like no other.

    Get in touch with Gowthami Reddy D-

  • “Protecting intellectual property is not just about rights; it’s about enforcing them effectively. In the world of IP, diligence and honesty are non-negotiable. They’re the pillars of trust.” – Nishi Shabana, Founding Partner of Lume Legal

    “Protecting intellectual property is not just about rights; it’s about enforcing them effectively. In the world of IP, diligence and honesty are non-negotiable. They’re the pillars of trust.” – Nishi Shabana, Founding Partner of Lume Legal

    This interview has been published by Namrata Singh and The SuperLawyer Team

    Your educational background includes a Bachelor’s in Science (B.Sc.) followed by a transition to law. Could you share the journey of how you made this switch and embarked on your legal career? What were the challenges or struggles you faced during this transitional period, and how did you overcome them?

    In 2008, I moved to Delhi to pursue a Diploma in Clinical Research with weekend classes. While looking for a job, I ended up at a law firm specializing in intellectual property (IP) with the help of a friend. Initially I was assigned with creating a database for 300 patent cases they were handling, I became familiar with the patent process and began identifying deficiencies in the files. Upon expressing my observations to my boss, who noticed my science background, I was encouraged to try patent prosecution. This marked the beginning of my journey, and within the same year, I successfully cleared the Patent Agent exam and there was no looking back after that.

    Understanding the legal language, it took me some time to get the flow of it. I think constant exposure to it by reading every day helped me get used to the flow.

    Nishi, with a background in toxicology, law, and extensive experience in IPR, what sparked your interest in this unique combination of fields, and  how has your background in toxicology influenced your approach to handling cases related to intellectual property and food laws?

    It’s all about curiosity. When I started in this field, everything was new to me. Learning about inventions and brands before they hit the market really fascinated me. For example, back in 2009, I worked on a patent application for a mobile wallet, which felt like a big deal at the time. Now, we use it for almost every transaction.

    An extensive research oriented program of toxicology helped me a lot in handling and understanding patent applications. 

    Being recognized as a “Top 50 emerging IP Player” by IP Gorilla is a remarkable achievement. Can you share a pivotal moment or case in your career that you believe contributed significantly to this recognition?

    During my time with my previous firm, I was honoured to be recommended twice by RSG rankings as the most recommended lawyer in the firm. Additionally, I received recognition as one of the recommended lawyers in IP by Legal 500 and was acknowledged as one of the most read authors on Mondaq. I believe these recognitions played a role in my selection by IP Gorilla.

    As a founding partner at Lume Legal, you handle various aspects of intellectual property rights, including patent, design, and trademark issues. What inspired you to establish your own firm, and  what unique vision or approach do you bring to the legal landscape through Lume Legal?

    Honestly, it wasn’t a planned move. I took a break from my job, but I continued to get work through recommendations. That’s when I thought, why not start something on my own? That’s how it all began. We aim to adapt to the evolving legal landscape influenced by changing technology and assist our clients in navigating these changes.

    As an advocate for IP rights awareness, you’re actively involved in speaking at various seminars and conferences. What message do you often find yourself emphasizing to businesses and entrepreneurs regarding the importance of intellectual property?

    Protecting intellectual property (IP) is crucial for any business, but I stress the importance of enforcing IP rights. Business owners need to be clear about where they stand. It’s essential to avoid infringing on others’ IP and, at the same time, ensure that their own rights are not violated. Setting these boundaries is key for a successful business

    Having advised Fortune 500 companies on the protection and use of trademarks, could you highlight a key strategy you employ when working with such high-profile clients to ensure the safeguarding of their intellectual property?

    Diligence, staying informed, and maintaining honesty have consistently been my guiding principles, and they have proven to be beneficial in various situations.

    You’ve written for various national and international law journals. Could you share the motivation behind your writing, and how do you believe it contributes to the legal community and public understanding of intellectual property issues?

    I follow the principle of writing for those who aren’t familiar with legal terms and need straightforward answers. Coming from a science background, I realize that grasping legal jargon can be challenging. My goal is to communicate in simple language so that even the average person can easily understand the content.

    Maintaining a successful career in law requires a high level of self-discipline. Can you share your thoughts on the importance of self-discipline in your professional journey and any strategies you use to stay focused and organized in your work?

    Thanks to IP prosecution, whether it’s dealing with patents or trademarks, it’s a field that operates on tight deadlines. Missing a deadline means having to explain, so being self-disciplined is crucial. When you genuinely enjoy your work, you don’t need elaborate strategies; it simply becomes part of your daily routine.

    Beyond your legal pursuits, what are your hobbies, and how do you like to spend your free time?

    I enjoy experimenting with various activities, ranging from music and dance to reading, and my interests tend to shift over time. Currently, I’m engrossed in watching documentaries.

    For students aspiring to specialize in Intellectual Property Rights, what would be your top piece of advice or a recommended approach to gain a strong foothold in this field while still in law school or early in their legal careers?

    My approach is simple: read, read, and read. Staying updated on current events, brands, and new innovations is crucial. Reading case laws helps me understand how the court addresses different sections or aspects. I firmly believe in the power of perseverance and the importance of continuous learning.

    Get in touch with Nishi Shabana-