Super Lawyer

Tag: IPR

  • “The major problem that multi-million dollar companies face while entering India to expand is choosing the wrong shareholding structure and wrong business structure delaying the corporate compliances and inviting various penalties”- Nipun Khanna, Founder, Startup Solicitors LLP

    “The major problem that multi-million dollar companies face while entering India to expand is choosing the wrong shareholding structure and wrong business structure delaying the corporate compliances and inviting various penalties”- Nipun Khanna, Founder, Startup Solicitors LLP

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

    Can you share with us your journey into law? What motivated you to pursue both chartered accountancy and a bachelor’s degree in law?

    Since I was born in the family of lawyers, I would further like to say that both my grandfather and my father, who themselves were in the field of law as regular practitioners mainly in the state High Court & from them I was fully inspired to join the profession of law. My elder brother who already had preferred to join the same profession in the established law firm Khanna And Associates. Being fully inspired & encouraged joining the law firm passionately, & finding fully satisfied positively ensuring myself in choosing this right path into the profession of law. 

    It needs no mention to state that the repute and the status that this profession owed to our family is un parallel and being able to make an impact in the society by using the law in the best interest of the society is always the motivation behind pursuing the law

    Not to forget the black uniform, the British formalities, and being able to express yourself more profoundly seemed charming to the younger version of me back in the days of opting for law.

    I always wanted to work with big corporations shoulder to shoulder and thus law and chartered accountancy both has opened this gateway for me. 

    Your expertise lies in a diverse range of legal areas, from corporate compliance to taxation and intellectual property. How did you develop such a multifaceted skill set?

    When you plan to work in business law, you have to equip yourself with whatever it takes. There is no exception to that. As a corporate lawyer your job expects you to guide your client in all the aspects of law applicable to them and since your client is a corporate entity you have to equip yourself with all the laws applicable to the entity and such dynamics keep changing with the change of law or change of business circumstances.

    Your expertise has to vary in various areas of corporate/business law :

    1. Whether it is forming/incorporating a company in the best business structure for your clients business.
    2. Devising the best tax strategy, acting as their legal architect, formulation of a plan for them to execute their business or routing the funds by abiding the banking laws thus forcing you to become an expert in banking law as well.
    3. Once when the company is set up then you have to devise various internal controls for which you have to be well versed with various auditing procedures, practices and standards enabling you to guide your client entity to manage itself without disputes and with full transparency. Thus Auditing knowledge comes into picture and you are required to have the knowledge of this field.
    4. When your client starts recruiting employees then you are assumed to be a contractual law expert along with tax and employment laws as applicable to the respective industry.
    5. When your client begins operation/production you are expected to be an expert in seeking various licenses and IPR laws.
    6. Then finally after all this spade work you reach corporate advisory. Advising provisions as applicable to directors and KMP and the entity as well.

    Thus as a corporate lawyer you have to put your mind in various branches of law that offshoots from company law itself.

    As the founder of Startup Solicitors LLP, you’ve been deeply involved in helping startups navigate legal complexities. Could you tell us about a particularly challenging case or project you’ve worked on and how you tackled it?

    As a law firm we are more likely than not to face challenges in terms of legal complexities. The world is evolving with unprecedented pace and keeping up with the AI and Web3.0 hand in hand with legalities which are not adapting with the pace of technology.

    Though there are many challenging project that came before us, but one interesting project that I would like to draw your attention to would be is of a US client who is working in the blockchain technology and wanting to launch their cryptocurrency few years back when lawmakers did not inked a word on the legality of cryptocurrency. The challenges that we faced were many :-

    1. Whether the cryptocurrency can be tendered as a legal currency in India ?
    2. Whether Crypto mining is acceptable in India ?
    3. Can Cryptocurrency be listed in regulated markets in India ? If not can a Crypto exchange be formulated ?
    4. What is the Tax applicability on crypto transactions in India ?
    5. How to report cryptocurrency to the government Authorities in India ?
    6. Which country in the globe is most suitable for ICO launch and Crypto mining if not India?

    It took us a lot of research work in both the legal and geo political field in understanding the mindsets of various countries towards crypto currency acceptance enabling us to advise the client in choosing India vs Rest of the world for its multi-billion dollar idea. Helping him find the right country for setting up business, choosing the right country for its distinctive operations keeping in mind the future plans of our client.

    Today, we can see the global acceptance of crypto currency. The law remains in grey areas in various parts of the globe.

    With your experience in assisting multi-million dollar companies expand into India and serving on their boards, what are some common challenges these companies face when entering the Indian market, and how do you address them?

    The major problem that multi-million dollar companies face while entering India to expand is choosing the wrong shareholding structure and wrong business structure delaying the corporate compliances and inviting various penalties.

    We address the same by emulating a documentary check and analyzing the business structure comprehensively from all corners and creating timeline keeping in mind the MCA compliances, RBI Compliance, FRRO Compliances and tax laws prior to executing the incorporation process for setting up company in India

    You’ve been involved in setting up new businesses and handling legal and financial consultations. Could you walk us through the process of setting up a new business, highlighting the key legal considerations and steps involved?

    Setting up a new business involves several key legal considerations and steps. Here’s an outline of the process:

    1. Choose a Business Structure: Decide on the legal structure of your business. Common options include sole proprietorship, partnership, limited liability company (LLC), or corporation. Each structure has different legal and tax implications, so it’s essential to choose the one that best fits your needs.
    2. Register Your Business: Register your business name with the appropriate government authorities. This may involve registering a “Doing Business As” (DBA) name or incorporating your business with the state.
    3. Obtain Necessary Permits and Licenses: Depending on your industry and location, you may need to obtain specific permits or licenses to operate legally. Research the requirements in your area and ensure compliance.
    4. Secure Intellectual Property Rights: If your business involves unique products, services, or branding, consider securing intellectual property rights through patents, trademarks, or copyrights. This can help protect your business from infringement and establish your ownership of valuable assets.
    5. Set Up Taxation and Financial Systems: Obtain an Employer Identification Number (EIN) from the IRS if necessary. Set up accounting and financial systems to track income, expenses, and taxes. Consult with a tax advisor to ensure compliance with tax regulations.
    6. Draft Legal Documents: Create legal documents such as contracts, agreements, and terms of service. These documents define the rights and responsibilities of your business and its stakeholders, including customers, suppliers, and employees.
    7. Hire Employees: If you plan to hire employees, familiarize yourself with employment laws and regulations. Create employment contracts, establish payroll systems, and adhere to labor laws regarding wages, working hours, and workplace safety.
    8. Protect Your Business: Purchase insurance coverage to protect your business against potential risks such as property damage, liability claims, or employee injuries. Consider general liability insurance, professional liability insurance, and other relevant policies.
    9. Comply with Regulations: Stay informed about industry-specific regulations and compliance requirements. Depending on your business activities, you may need to adhere to environmental regulations, health and safety standards, or data protection laws.
    10. Create a Business Plan: Develop a comprehensive business plan outlining your goals, strategies, and financial projections. A well-crafted business plan can help attract investors, secure financing, and guide your business’s growth and development.
    11. Open a Business Bank Account: Separate your personal and business finances by opening a dedicated business bank account. This will simplify accounting, tax reporting, and financial management.
    12. Market Your Business: Develop a marketing plan to promote your products or services and attract customers. Consider online and offline marketing channels, such as websites, social media, advertising, and networking events.
    13. Stay Compliant and Adapt: Regularly review and update your business practices to ensure ongoing compliance with legal requirements and industry standards. Stay informed about changes in regulations or market conditions that may impact your business operations.

    Your background includes work with Forbes Asia Pacific Enlisted clients and conducting audits for various organizations. How do you maintain a high level of professionalism and attention to detail in your audit processes?

    That is just experience and practice. You learn every day, you evolve and you grow every day.

    Could you share a particularly rewarding moment in your career, where you felt your expertise made a significant impact on a client’s success or outcome?

    Well, there are many and I would like to share few:

    1. Standing shoulder to shoulder with my father and assisting him in arguing a matter in High Court, witnessing him argue with perfection and representing the client was not less than a reward for me in my early days of career.
    2. Now today as the time has passed since my inception in the field of law and finance I feel very happy seeing that we helped some European Jewelry companies and US based IT companies set up their base in India leading them to scale volumes and generate employment in INDIA.

    Lastly, considering your extensive experience and knowledge, what advice would you give to fresh graduates aspiring to enter the fields of law and finance? What key lessons have you learned throughout your career that you believe would benefit them?

    Be genuine. Be Honest with your client. Say no if he cannot win the case.

    Get in touch with Nipun Khanna-

  • “IP law is not just limited to conventional ideas of trademarks and copyright”- Anooja Padhee, Senior Associate at K&S Partners, Intellectual Property Attorneys

    “IP law is not just limited to conventional ideas of trademarks and copyright”- Anooja Padhee, Senior Associate at K&S Partners, Intellectual Property Attorneys

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

    Can you share your journey into the field of law, particularly focusing on what drew you to specialize in intellectual property law?

    My interest in intellectual property developed in my third year when we were first taught ‘Trademark and Copyright law’. I found the subject to be interesting and relatable, as it dealt with brands and ideas that I would come across and use in my day to day life. Soon I found myself looking for the TM or ® symbol on top of brands on hoardings or while using products and wondering whether use of a song in a TV series or a similar tune or idea was copyright protected. 

    In law school, besides focussing on IP related projects for my curriculum, I also participated in an IP moot. 

    To explore this interest further and to understand what a career in IP could entail, I went on to do a few IP internships at Singh and Singh and K&S Partners. At both these places I worked on ongoing cases across various subject areas including trademarks, copyright and patents, which further helped me understand various legal concepts and their practical application. 

    With all this, early on, I realized that this was a subject that I enjoyed and found interesting and that I wanted to make a career in it.

    With over a decade of experience, you’ve likely encountered a diverse array of cases in trademarks, copyrights, and geographical indications. Could you tell us about a particularly challenging case you’ve handled and how you navigated it?

    My work primarily revolves around a diverse array of brands and their protection. It is difficult to talk about a single case as each case comes with its own unique set of facts and challenges, which require you to devise customized strategies that may not work in other scenarios. 

    Where it often gets tricky for international brand owners is when rogue Indian parties adopt, apply and use brands that are popular internationally but are not in use in India. India being a common law country, use of a brand precedes its registration with the trademark registration authorities. For example, brands such as Macy’s or Hulu or Skims, are not in commercial use in India but are known to a large portion of the Indian consumer base due to exposure to western movies, TV series and social media. Under Indian law, if an Indian party were to use and apply for such brands in India before the actual brand owners, they could potentially block or raise issues for the launch of the genuine brands in India in future. Such a scenario is problematic as companies invest thousands of dollars to launch a brand in India and stand to potentially get injuncted from using their own brands. 

    To navigate such issues, brand owners have to inter alia submit documentation to show that their brand was well known in India on the date of adoption by the Indian party. This is often difficult as the burden of proof is fairly high. Also not all companies maintain sales or publicity records going back several years. As a trademark lawyer, I have worked with several clients to assess their options in the face of risk of being sued, and helped find efficient, bespoke, and commercially viable solutions in such cases. 

    A niche subject area that I have had the opportunity to work on is that of geographical indications. There are not too many firms in India that have expertise in the field as the subject has various angles and legal intricacies that are still widely unexplored and for which there is no settled legal position. However, my mentors at K&S Partners have been extensively involved in the registration and protection of numerous Indian and foreign GIs, both at a legal and at a policy level. Due to this, I have had the rare opportunity to closely work with several such Indian and foreign GI right holders and stakeholders and advise on unique issues that have far reaching domestic and international consequences.

    As someone deeply involved in managing IP portfolios and brand strategies, what strategies have you found most effective in protecting your clients’ intellectual property rights, especially in such a competitive market?

    When devising an appropriate strategy for a client, few basics are key- such as the business they are in, how aggressively they wish to promote, how litigious they are and most importantly, what their existing rights are. As mentioned before, maintaining, and producing relevant documentation showing commercial use in India is imperative. Such documentation is vital to establish the rights of parties. 

    Secondly, when a new brand is being launched in the market, it may also be relevant to conduct a thorough check of the Trademarks Register and the market to ensure that there are no existing brands that are similar or identical. This simple pre-emptive measure helps clients identify risks in advance and prepare for a potential action. Similarly, we also advise clients on the strength of a brand from a protection and enforcement point of view. For instance, if one were to use ‘apple’ for a food item, it would be considered non-distinctive and/ or descriptive. However, ‘apple’ for electronics, is a distinctive brand. 

    Thirdly, it is important for clients to conduct market surveys and conduct other checks to identify copycats/ infringers and take appropriate action against them. If action is not taken and infringers are allowed to co-exist, it may eventually lead to dilution of the brand making it common to the trade. This is also equally applicable to geographical indications. In India, we come across numerous names that have been accorded GI status. However, post registration, there is little to no enforcement or quality control of the products bearing the GI tag. In due course, this will lead to the GI losing to have any commercial significance and it may end up becoming generic. 

    Your work spans across various industries, from FMCG to pharmaceuticals. How do you adapt your legal strategies to suit the unique needs and challenges of each industry?

    An understanding of the industry in question is important while devising a legal strategy. Depending on the industry and the needs of the client, we look at how long a particular brand will be in use in the market and what is the level of investment that the client is making for it. This gives an idea of the kind of risk the client may be willing to assume. Some clients are very keen on adopting a specific brand and are willing to take the risk that may come with its launch and use. On the contrary, sometimes they give us multiple options and seek an assessment of which would be the most risk free. It depends on how risk averse or aggressive the client is.

    When it comes to industry, FMCG and F&B clients usually launch sub-brands for a short period of time that may be for a promotional event during the festive season. In such cases, separate assessments for use and registration of a brand may be given, also keeping in mind the brand placement and packaging. Automobile or clothing companies, on the other hand, usually have one main brand and their primary intent is to enforce their rights in the brand and protect it. While they may adopt a few ancillary brands sometimes, these instances are comparatively fewer. For pharma brands, clients mostly derive extensions from the name of the main salt in the product, which may be difficult to protect in some cases. This is because no monopoly can be claimed in the name of the salt.

    Given the constantly evolving nature of intellectual property law, how do you stay updated with the latest developments and trends in the field?

    From a registration point of view, I keep myself updated with the practices of the Trademarks Office to understand the objections being raised by them and the timelines being followed by them. The kind of stands being taken in hearings and the orders being passed are kept in mind. One also needs to keep track of the notifications and public notices that are issued by them. 

    From a strategy point of view, I go through the articles published on SpicyIP, like almost every IP lawyer! When I find an article particularly interesting or believe that it may be applicable to our day to day working, I go through the case law to properly understand the reasoning being adopted by the Courts. I have recently started writing about such cases, which requires a further deep dive into the legal proposition. Such research is also done while providing opinions to clients to ensure that the advice being given is up to date and accurate. 

    Lastly, our team members try to meet on a weekly basis to discuss the relevant cases of a particular week and to bounce off ideas and consider their applicability in our matters. 

    Managing projects with tight deadlines and high volumes requires a great deal of efficiency. Can you share some insights into your approach to multitasking and maintaining quality in deliverables under pressure?

    First and foremost, as IP work is deadline centric, maintaining deadlines is crucial. In the office, we have an ERP system which sends a reminder a few days before and on the day a matter is due. In addition to that, I also maintain deadlines and reminders on Outlook, for matters which I or any of my associates are delivering. This not only ensures that no matter is missed out, but also helps me make sure that incoming and outgoing matters are attended to timely.

    It also helps to maintain a priority-based to-do list. The most time sensitive and urgent matters get first preference and so on and so forth. Also being in a managerial and supervisory capacity, I rely on associates and support staff to make sure that matters are smoothly and timely attended to. Efficient allocation of resources, by identifying the strengths of each team member, assessing the complexity and urgency of the matter at hand, is key. It is imperative to have open communication channels with the team so that a collaborative approach may be taken, without micromanagement. Setting realistic deadlines after discussion with the team and being clear with the client regarding their expectations and requirements goes a long way. For complex matters, I usually first discuss the strategy with the team, and then review the final advice/ draft being sent to the client, to ensure that all relevant points have been covered. For other matters, a review may not be needed after a discussion, unless of course a team member wants their draft to be looked at by a second set of eyes. I also discuss legal propositions and opinions with my peers and mentors to get their ideas and to provide a well rounded opinion which considers all possible angles.

    Most importantly, one needs to take ownership and responsibility of their work and strive to put in their best efforts to get the best work product. 

    Finally, what advice would you offer to law graduates aspiring to specialize in intellectual property law, based on your extensive experience in the field?

    First and foremost, read! The more you read, the better your understanding will be. IP law is not just limited to conventional ideas of trademarks and copyright. Given the prevalence of social media and extensive amounts of content being circulated, there are various interesting and unique propositions that come up that have not been explored in the past. The challenges of IP in the metaverse is one such example. Because of the Make in India campaign of the government, we are seeing a huge surge in IP protection, including in related fields such as data protection and media law.

    Another suggestion would be to intern with a few IP law firms or with IP teams of full-service law firms. There is a vast difference between theoretically learning the law in law school and applying it in cases in practice. An internship is the best way for law students to get exposure to the practical aspects of IP law.

    Get in touch with Anooja Padhee-

  • “The most important aspects and invariably a bitter truth of the independent legal practice and specializing in the legal matters for one should be making a sound connection and developing new client networks through resources”- Sandeep Raj Roy, Zonal Legal Head- North, Allcargo Gati Limited

    “The most important aspects and invariably a bitter truth of the independent legal practice and specializing in the legal matters for one should be making a sound connection and developing new client networks through resources”- Sandeep Raj Roy, Zonal Legal Head- North, Allcargo Gati Limited

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

    Can you walk us through your career journey from starting as a junior advocate to your current role as Zonal Head – Legal (North) at Allcargo Gati Limited? How did you transition from criminal practice to corporate law?

    Well, it has been a splendid journey throughout the career since its inception with lots of hiccups and challenges which I overcame. I started visiting the district level courts of West Bengal adjoining the Kolkata district. I had always a dream to pursue my career as a pleading Counsel, which every budding lawyer dreams. I developed the knack of practicing criminal law and am fortunate to get the opportunity to learn about the broad aspects of criminal jurisprudence under the guidance of the one of the eminent criminal lawyer of West Bengal and other states of eastern region, Mr. Tamal Kanti Mukherjee, Advocate of Alipore Judges Court, Kolkata and developed the skills of filing of police complaint thereafter conversion of the same to FIR, summoning, framing of charges till trail stage.  During the initial days after the bar enrollment, you are hardly able to foresee the career path in this vast legal domain, wherein you get inadequate information from friends, colleagues including pressure from the family members to establish yourself .  Predominantly appropriate legal connections are the main keys that every first-generation lawyer lacks, which I personally felt. 

    In order to get the flavor of the civil jurisprudence and in this vast universe of civil law(s) including but not limited to Laws of Constitution and Code of Civil Procedure 1908 & other law(s), I got the opportunity to work with one of the leading Law & Solicitor’s Firm of Kolkata viz. Sandersons And Morgans, as a Junior Advocate. I have appeared in different courts like Ld. District Consumer Dispute Redressal Forum, Hon’ble State Consumer Forum, Ld. City Civil Court, Ld. District Court, other Tribunal(s) and Hon’ble Calcutta High Court Original and Appellate side jurisdiction etc. 

    In addition to the proficient domain knowledge and skills, one of the most important aspects and invariably a bitter truth of the independent legal practice and specializing in the legal matters for one should be making a sound connection and developing new client networks through resources. Whilst during those struggling days of building my own brand of a recognized lawyer through the process of continuous learning, I got a call from the HR department of the most trusted footwear retailer brand Khadim’s and that really made my day and I got selected for the position of Senior Executive – Legal on the very first day of my interview. Now, I can gracefully state that I was the first ever candidate those days from my college batch being selected for the job opportunity in the corporate legal department.

    It is apposite to mention that I got immense support and guidance from my college mate cum best friend, a competent lawyer specialized in constitutional bench matters of Hon’ble Calcutta High Court Ms. Mimi Mondal, BA.LLB turned to be my better half and mother of my only child Master Smayan Roy.

    What were your key responsibilities and accomplishments during your tenure at Khadim India Limited and Ambuja Group ? Could you share some insights into the projects you handled and the challenges you encountered?

    The first corporate job in Khadim’s really worked like a “bolt from the blue” and I got the exposure to understand the framework of the corporate legal department, learned corporate ethics, drafting of in-house company policies, labour related compliances, corporate litigation, retail acquisition, land matters along with company secretary and related affairs.

    I was always best known for delivering smart results within a highly competitive environment by analyzing the situation/ complexities from broad legal perspective and suggesting practical action plans.

    During my days of employment with Ambuja Group, a group renowned for its City Centre Malls in Kolkata, Raipur, Bihar and one of the top Builders in eastern India, I was a part of the corporate legal team and assisted the Head Legal in scrutinizing the Legal documents in respect of the proposed commercial and residential projects of the Company. I have independently & successfully closed contracts for new store leasing / licensing contracts of more than 150+ brands for new mall openings and elevated to the next level within a span of six months of joining the organization.

    Moving to Delhi and taking on the legal function for the North & East regions at Shoppers Stop Ltd. must have presented unique challenges. Could you elaborate on some of these challenges, especially in navigating the legal landscape and stakeholder management in a new city?

    Yes, indeed it was a little bit of a challenge for the initial days in terms of the geographical periphery and the peoples around you are concerned.  Obviously the language plays a very important role in the legal domain but I have only one philosophy when it comes to work, every piece of work, regardless of size has to be done on time and in the right manner irrespective of barriers.

    I had always had a dream of joining a big brand and a pioneer in the field of retail industry and I got the opportunity to work with “Shoppers Stop”, known for its superior quality products and services. During my period of employment with Shoppers Stop, I had conducted due Diligence of properties for retail and commercial development, closed documentation and due diligence of high street and Mall Anchor stores in the FY 2015-16 on pan India basis and have also developed company policies on industry-specific issues and corporate governance. 

    The biggest USP of my role with Shoppers Stop was that I was already a seasoned corporate lawyer having sound exposure of dealing with brand related agreements either from the Developer’s side as well as Retailer’s side, which really acted like a cherry on the cake for this role.

    The biggest challenge during those days, I felt coordinating with the local lawyers on the rural side. While as we all know that it is a common practice of sending weekly/monthly reports to the top management with the complete update on the particular day of hearing of the matter, it becomes a tedious task when the calls/ messages to the local counsels always remain unanswerable. Hopefully with the digitization of the e-courts facilities and the confonet website for consumer matters, the struggle towards obtaining the updates and the orders of the lower court matters have been marginally decreased.      

    As part of the legal team at Dish TV, you were deeply involved in compliance, contracts, arbitration, and consumer litigation. What lessons did you learn from this role, particularly in terms of managing complex legal matters and driving successful outcomes?

    As I have said earlier, my years of experience in the legal field is something that can truly contribute to the company’s success and my sense of dedication in every task that I handle is definitely a big plus.  

    As a part of the legal team of Dish TV, I have successfully spearheaded projects and generated huge cost savings for the company by implementing innovative initiatives and providing tactical business solutions and closure of high business contracts including the timely compliance of the regulatory affairs of TRAI and other regulatory body(ies) from time to time. 

    As a part of the company’s mission of acquiring the largest consumer base in providing the DTH services and to become the front-runner in service provider’s community, I have joined hands with the business team members and closed several contracts for different business verticals. My domain knowledge and hold over the customer base made a big contribution in resolving consumer matters of high stake including celebrities engaged for brand endorsement. I have really enjoyed the challenge of closing and successfully defending high ticket arbitration, commercial suits, trademark disputes. It is noteworthy to mention that I was a core team member of the Merger & Acquisition (M&A) team for acquisition of Videocon D2H by Dish TV and handled pre acquisition compliance and documentation from legal perspective 

    Your experience indicates involvement in trademark infringement and brand protection. Can you discuss how you tackled these issues in your previous organizations and any strategies you employed to safeguard intellectual property rights?

    As we all know that registration of trademark provides a legal protection against the misuse or copying of a company’s name or logo, which is often a company’s most valuable asset. I have been always actively involved in the trademark and related affairs since the inception of my career in every organization I have worked. The key role and have tackled the trademark related issues by : – 

    1. Filing of trademark & copyright applications on time and continuously following up till registration along with timely renewal, 
    2. Nabbing the counterfeiters illegally using the brand name by sending Cease & Desist Notices on a timely manner, 
    3. Filing of Trademark infringement suits in respect of the counterfeit good(s) appointment of local commissioners by the appropriate Court of Law.
    4. Filing of police complaints for TM & copyright infringement and intimation to the state / central tax authorities, 
    5. Advising the organization on the possible consequences and advantages regarding the registration of Trademarks, Copyrights and other Intellectual Property Rights. 

    I have also designed an effective online system with the help of the third party developer for management of Intellectual Property resources of the company. 

    Independently represented the company on the trademark litigation filed against the Infringers in “passing off” suit filed at Hon’ble High Court at Delhi and the Hon’ble Court has passed John Doe and Anton Pillar orders in respect of the trademark of the company.

    How does the legal landscape in the logistics industry compare to the other industries you’ve worked in? What are the unique challenges and key areas of focus for legal professionals in the logistics sector?

    The logistics industry is subject to a web of regulations and customs procedures, which varies significantly from one region to another. Navigating this complex landscape can lead to delays, fines, and compliance issues. The logistics sector including road industry are always prone to ongoing legal hassles including timely compliance, safety, export and import compliance; vehicle detention by administrative, quasi judicial authorities etc., GST and other tax impositions, hazardous materials safety, handling, transportation and storage, MACT, road transport issues, vehicle caught incidences under NDPS Act or any other statute. 

    You need to monitor and update management on every change of laws and regulations from time to time and ensure compliance thereof. 

    We have acted as an enabler to business team on proactive suggestions on legal matters on various business related issues on 24*7 bases round the year. 

    Throughout your career, you’ve likely achieved numerous milestones. Could you highlight one of your most significant accomplishments, either in your past roles or your current position at Allcargo Gati Limited?

    I try to achieve the set goals and work hard as much as I can, I try to reach those goals and achieve the desired outcome. I had always recognized myself as someone with a progressive attitude who does his best and gives 100% to attain goals. To me success is not just my personal achievements but also by the efforts of the people around me and my team.

    I have been always been a top performer in almost all the organizations I got the opportunity to work and in this current organization Allcargo Group,  I am awarded with the “CEO Award” – FY – 2022-23 and “Best Zonal Head – Legal” – FY 2023-24 for my exemplary performance and contribution to the legal team.

    Finally, drawing from your rich and diverse experience, what advice would you offer to law graduates aspiring to transition into corporate legal departments? What key insights or lessons would you share with them as they embark on their careers in the legal field?

    Working as a corporate lawyer could be a very rewarding and profitable career path.  One should blindly follow the vogue “Practice – Perseverance – Perfection” for the initial days of the career. 

    Corporate Legal Specialist is a relatively new discipline and the expansion and career options are ample. In the present day, company legal professionals are employed in loads of top-notch organizations and therefore this discipline of the legal profession is opening up choices in careers and professions for young law aspirants.

    Henry Ford says, “Anyone who stops learning is old, whether at twenty or eighty. Anyone who keeps learning stays young. The greatest thing in life is to keep your mind young.” 

    So learning and developing skills is the mandatory tool for the aspirants, so be ready for exhausting work and sacrifice. If you want to get certified and acquire expertise, work harder and become a specialist in corporate law. Good Luck to all young law aspirants!!!

    Get in touch with Sandeep Raj Roy-

  • “In today’s world, with increasing globalization and the opening up of the “legal market” with the proliferation of international arbitration, we also need to be proactive about adopting best practices from other practitioners and jurisdictions”- Zafar Khurshid, Senior Partner/IP Chair, TKC Partners LLP

    “In today’s world, with increasing globalization and the opening up of the “legal market” with the proliferation of international arbitration, we also need to be proactive about adopting best practices from other practitioners and jurisdictions”- Zafar Khurshid, Senior Partner/IP Chair, TKC Partners LLP

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

    Can you walk us through your journey from being a law student to becoming a founding partner at TKC Partners LLP? What pivotal moments or experiences shaped your career trajectory?

    I would say my journey toward becoming who I am today began even before law school. As an Undergraduate at St. Stephen’s College I had the opportunity to explore not only where my interests lay academically, but also to begin to explore who I was, and who I wanted to become, as a person. I wasn’t always certain about pursuing law, at the time I was quite keen on exploring the dramatic arts. By my third year I was more set on my path towards the law. Reading History helped inform that decision. 

    That was followed by three years at CLC, Faculty of Law. I was not the most academically gifted student, nor, to be candid, the most hard-working. When I first joined I was not certain whether I was pursuing law because of the expectations of family, or because it was right for me. But I found myself drawn to certain courses, particularly Jurisprudence and Intellectual Property Law, which reinforced my decision to pursue law as a career. 

    After LL.B. I joined the Office of Mr. Gourab Banerji, Senior Advocate, who was Additional Solicitor General in the Supreme Court at the time. They say you never forget your first boss – and I certainly couldn’t. Mr. Banerji provided a nurturing and professional environment for a young legal professional to learn the ropes, and to make mistakes without fear or judgment. Many of the habits I try to inculcate in my Office even today I imbibed from my boss and my colleagues in that Chamber.

    While practicing in the Courts in India has a thrill that cannot be matched, I had already begun thinking about pursuing higher studies in England. The drive had been fuelled over the years by visits to my family in the UK, and my father’s stories of his time at Oxford. The University of Oxford was my first choice. Having marginally missed a First Division I didn’t make it through. But sometimes life finds a way to give you what you need, even if it isn’t what you think you want. I joined Queen Mary, University of London for the LL.M. in Intellectual Property Law. That definitive year studying in the heart of London provided some of the most pivotal moments in my journey. Far from the nest, and challenged to break free from the shackles of rote learning, I got the opportunity to truly develop a zeal for the study of law, a joy for learning and analytical reasoning, and to dive deep into the study of Intellectual Property Law. Truly enjoying what I was learning pushed me to strive like never before, which happily culminated in graduating with Distinctions in each of my Courses. QMUL enlivened my passion for the law, and gave me some of my most endearing and enduring friendships. I can truly say that if not for that year, I would not find myself where I am today.

    After my academic success at QMUL I was accepted into Oxford, which fulfilled a burning desire I had held in my heart for a quarter of my lifetime. I spent two years at St. Edmund Hall, University of Oxford pursuing the BCL and then the M. Phil in Law. Oxford helped me take my abilities and my ardour for academia to new levels. I had the opportunity to study under and with some of the sharpest intellectual minds I ever had the privilege of interacting with, both inside and outside of the legal realm. Though I probably did struggle with “imposter syndrome” at first, being intimidated intellectually pushed me to challenge and better myself. I was privileged to have this opportunity, and I did my best to take the fullest advantage of it. I was scared, I was excited – I had worked hard to get there and I hope it’s okay to admit that, despite all my anxieties, I was proud of myself. Reaching Oxford helped me believe in my capabilities and shape the confidence that I feel one needs to push oneself to the next level professionally. Not only did I meet my best friend at Teddy Hall, but I found the freedom and space to strive towards becoming my best self.

    After returning from England, it was an adjustment being back in litigation in Delhi. The Oxford bubble had popped, and I had to find a way to transfer the skills developed during my time in academia to my professional pursuits. Despite offers and advice pushing me in other directions, I relished the chance to work under my father Mr. Salman Khurshid, Senior Advocate. His practice was varied, his grasp of the law disparate, and his academic bent familiar. Many days were spent having intellectual debates over lunch with all his juniors in the Office, and countless hours running from forum to forum – calling for familiarity with everything from Constitutional and Administrative Law to Competition and Anti-Trust. Exposure to so many different fields developed my general appreciation and grasp of law and, despite my specialisations, convinced me of the value of being a generalist – A jack of trades, master of none – but better than just the master of one.

    After a few years the opportunity presented itself to join with dear friends and colleagues to set up our own firm – TKC Partners. Once again I found myself anxious, doubting myself and my potential – but the time had come to take the skills and abilities developed over the last decade and to push myself to the next step. 

    Pivotal moments in life rarely present themselves as such when they are before us. For most of us, in life the key moments are often gradual or imperceptible until we’re much further down our path. I think every step has culminated to bring me where I am today. While some may feel more definitive, none would be the same without those that have come before.

    You’ve had significant experience in both litigation and arbitration, particularly in high-stakes cases before various forums, including the Supreme Court of India. What draws you to these areas of law, and how do you navigate the complexities they present?

    From the very beginning I knew that I was more drawn to the Courtroom than the Boardroom. While Corporate Law offered more stability and remuneration, and many of my friends went in that direction, I knew my first love was litigation. Perhaps it is, as my friends and family often insist – that I am a born lawyer – eager to argue with anyone and everyone, about anything. Or perhaps it is as my father once told me when I had more whimsical fancies of being a stage actor – that litigation and theatre have many correlating and overlapping skills – oration, diction, the ability to command a room and capture the attention of your audience.

    While litigation in India certainly has its share of drama, I think along with being an inherent performer, what draws me to dispute resolution is the thrill of argument, and the excitement and pace of litigation in India (though sometimes there is more excitement than necessary). Once I joined the profession I also had the opportunity to explore arbitration, and see many of the advantages it offers over litigation in an often over-burdened system.

    Each area of law has its own thrills and its own obstacles. Navigating the complexities is often just about weathering the storm of backlog, managing the expectations of clients unfamiliar with the system, pushing your colleagues and contemporaries to help improve the system rather than take advantage of its shortcomings, and most importantly – patience. And in today’s world, with increasing globalization and the opening up of the “legal market” with the proliferation of international arbitration, we also need to be proactive about adopting best practices from other practitioners and jurisdictions.

    As someone who has been deeply involved in intellectual property rights (IPR) practice, could you share some insights into the evolving landscape of IPR enforcement, both domestically and internationally? What are some of the key challenges you’ve encountered in this field?

    Intellectual Property is an ever-evolving discipline. While its foundational concepts may not change, its application can rapidly adapt and develop in the face of technological advances, globalisation, the clash between the interests of developed countries and the needs of developing nations, and several other such factors. One of the most important developments however, especially for growing markets such as India, is cross-border recognition and enforcement, both for international brands that bring investment and economic growth into India, as well as for home-grown brands that have found an international market.

    India has made great strides when it comes to the awareness, proliferation, recognition, and protection of IP rights. But we cannot rest on our laurels. Our infrastructure needs to catch up with the pace and requirements of market demands; we need to be proactive about facing the challenges of IP enforcement in the digital age; the level of expertise required from offices and the judiciary is not uniform across the country; and we need to ensure that a robust IP system does not create a space for IP bullying or takeover by larger vested interests against the freedom of creation and innovation.

    Your time as a Research Assistant and then co-Author for your Chapter in the publication by the Office for the Harmonisation of the Internal Market (OHIM) involved studying the enforcement of intellectual property rights in the European Union. How has this experience influenced your approach to handling IPR matters in your legal practice?

    The opportunity to co-Author a Chapter in European Case Law on Infringements of Intellectual Property Rights (Bruylant, 2016), published by OHIM (now known as the EUIPO) was an exciting opportunity to delve deep into a specific issue from an unfamiliar perspective. It helped acquaint me with some of the potential conflicts and challenges that proprietors and practitioners can face when it comes to the cross-border enforcement of IP rights.

    It also helped me truly appreciate the impact and importance of Intellectual Property Law in commerce. Now known by a more appropriate name, the EU Intellectual Property Office used to be the Office of the Harmonisation of the Internal Market – which started with the remit to administer the new EU-wide unitary property right, the EU Trade Mark. Through the application and enforcement of various EU Directives, this Office played a vital role in breaking down several trade barriers in IP, showing how IP plays a pivotal role in creating, facilitating, and influencing cross-border trade and growth of mutual economies.

    I think the experience has helped me develop a foundational expertise with the issues associated with such enforcement, which aids me in advising clients with multi-national offices or businesses, and also helps with a key aspect of IP advisory – litigation management and avoidance.

    In addition to your legal practice, you’ve been actively involved in academia, including co-interviewing undergraduate law candidates at the University of Oxford. How do you balance your legal career with academic engagements, and what value do you see in contributing to legal education?

    During my time at Oxford I was primarily dedicated to purely academic pursuits. But I also had the opportunity to carry on some of my practice, in an advisory capacity. The opportunity to co-interview undergraduate students, along with Professor Aileen Kavanagh, was interesting. It was funny to be on the other side of the table just a year after getting into Oxford myself – to try and gauge and appraise these young candidates and to make recommendations on whether they should be offered a place. This was perhaps the first time I felt the weight and gravity of the influence we in the profession can have on the future of the next generation of legal practitioners, jurists, and policy makers.

    After re-joining the profession back in India I have attempted to make time to make myself available for similar opportunities through symposiums, lecture series, podcasts, etc. But balance is always the greatest challenge in the legal profession. I’ve not been able to make the time to take on more formal and structured academic roles, despite being approached a few times, as I’ve felt that I needed to provide more time to my role in growing my Firm. But it is always on my agenda to find ways to reach law students and young professionals when suitable opportunities present themselves – the worlds of academia and practice cannot be divorced from each other – this is a loss to both. I think it’s important that law students have the opportunity to know the realities of the legal profession, and to explore the profession before making the heavy commitments that it demands – this is only possible through access to practitioners who can help them gain a better understanding of law beyond their textbooks. The value in this is elementary – better, more well-rounded students will lead to a better, well-rounded legal profession.

    Your publication on ‘State-State Arbitration and its Role in Entrenching the Rule of Law in the International Legal Community’ explores a crucial aspect of international arbitration. Could you elaborate on the significance of this topic and its implications for the legal profession globally?

    First let me say what an honour it was to be given the opportunity by the PCA to co-author a Chapter in International Arbitration and the Rule of Law. It was such a privilege to be part of the PCA’s recognition of the work and contributions of the eminent and unmatched jurist and legal luminary – Mr. Fali S. Nariman – who sadly is no longer with us.

    This piece, as indeed much of the collection, focussed on various aspects and examples of international arbitration and inter-state arbitration, and how they have influenced the development and entrenchment of the Rule of Law, a traditionally domestic principle, in the realm of international law – which is traditionally driven by the concepts of sovereignty and State autonomy.

    Our article focussed on the role of interstate arbitration in promoting the rule of law, focussing on two significant PCA arbitrations – the Bay of Bengal Maritime Boundary Arbitration (between India and Bangladesh) and the South China Sea Arbitration (between China and the Philippines). An examination of cases such as these highlights several challenges that practitioners in the field of international law and international arbitration must contend with – the Rule of Law remains a somewhat contested concept in the international context, though there is a greater uniformity to the dimensions of the principles under domestic law. The nature of the disputes under these cases, and the stands taken by the Nation-States – both during and in the aftermath of these cases – highlights the challenges to international law, and the continuous necessity of the willing participation of States in maintaining its principles. Some of the lessons from the comparative analysis of these cases are particularly relevant for India today.

    Collaboration seems to be a recurring theme in your career, from assisting Senior Advocates to co-authoring publications. How do you approach collaboration within the legal field, and how has it contributed to your professional growth?

    ‘If you want to go fast, go alone; if you want to go far, go together’. This traditional African proverb quite succinctly exemplifies my outlook towards law and the legal profession. In a fast-paced and often aggressive landscape, legal practitioners become hard-wired for competition – treating their practice as a zero-sum game. This can cultivate unproductive outlooks that can harm the system long-term.

    I believe some of my greatest successes have come, not from side-lining or “defeating” competitors, but from finding opportunities to collaborate and cooperate. But often this is easier said than done. Collaboration requires trust, and as they say – once bitten, twice shy. Maintaining a collaborative attitude can be difficult, especially in the face of emulous elements. But patience, belief, and a little luck, can help one find genuine contemporaries to work and grow with.

    This also informs the manner in which I aim to guide and advise Clients, encouraging them to look at conciliatory approaches, focussing on larger interests and benefits. Though Clients ca be similarly motivated/programmed – to see conciliation as a mark of timidness and weakness – but I have found that many stay with us because we show them that our approach focusses on their best interests, and often bears results in otherwise quagmired situations.

    Finally, considering your diverse experiences and accomplishments, what advice would you offer to aspiring law graduates who are about to embark on their legal careers? What key principles or strategies should they keep in mind as they navigate the legal profession?

    There may honestly be no end to the advice someone could dole out to aspiring graduates poised on the brink of starting their journeys in the profession. There is just so much to learn and experience. Some of it you may have guides and mentors that can prepare you, some you will just learn the hard way.

    One thing I would emphasise is that law is a life-long pursuit of knowledge. You must constantly be open to learning and growing. Your early years are the best time to chase diverse and varied experiences – don’t hem yourself in early – there is plenty of time in life to “specialise”. One must also focus on foundational concepts, and don’t be afraid to grow slowly – chasing the “30 under 30” label can often lead to shortcuts or missed opportunities that could be hard to make up later. You must look inwards to define your image of success, don’t chase someone else’s.

    You shape the system as much as it shapes you. It may be difficult, but always strive to better yourself, and those around you, and be slow to frustration. Surround yourself with people who push you to expand and grow. Take the best habits from your mentors, ignore the worst. You will have many unwelcome experiences, learn from them but don’t let them define you.

    Get in touch with Zafar Khurshid-

  • “Understanding a law and implementation of law are two different things. Have patience, good things take time.” – Journey from Legal Luminary to Corporate Leader, Amit K Das, Head of Legal, Thermax Limited

    “Understanding a law and implementation of law are two different things. Have patience, good things take time.” – Journey from Legal Luminary to Corporate Leader, Amit K Das, Head of Legal, Thermax Limited

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

    Could you please walk us through your journey from your early days in law college to becoming a Head of Legal at Thermax Limited? What were some of the challenges you faced when you first started your career in law, and how did you overcome them?

    I am a first-generation lawyer and the decision to pursue law was a completely personal call. From an early age, I developed a special interest in legal subjects. After completing my 12th, without any second thought, I was admitted for a 5 (five) year BA(Law)LLB course with North Bengal University, Department of Law. I was an active student during my law college days and used to take initiative and participated in all events including moot courts, sports, and cultural events. During the 3rd year, I developed a special interest in the law of Jurisprudence. As we had limited resources during our college days, digital education was far from reality during the late 90’s, we used to spend long hours in our law department library reading and preparing notes on various subjects.

    To begin a career in legal, the first challenge is to get into a decent chamber of a senior advocate. Those days legal had very limited career opportunities and being from a small town in Darjeeling District, West Bengal, there was no other option but to start practicing in District Court immediately post completing of LLB. I started my career as a practising advocate under the guidance of the late Shri. Sunil Sarkar, in Siliguri Sub-Divisional Court and Darjeeling District Court handling civil disputes related to properties, etc. In his chamber, I learnt the art of drafting pleadings, cross-examination and trial. To gain exposure on the professional front, in 2003, I moved to Delhi and started working with a Corporate Law Firm, Law Combine Advocates. During my Law combine days, I handled legal work for major MNCs and focused on litigation, commercial contracts, part of the M & A team, IPR and real estate. To have experience in the corporate side, In 2008, I decided to switch and joined a real estate company in Bangalore and gained experience in commercial built-to-suit arrangements. Thereafter, I worked with a FMCG giant heading legal for their export division, managing international contracts and disputes.

    In 2014, I moved to Pune and worked with an engine manufacturing company and in 2022 joined Thermax Limited as Head of Legal which is my current designation.

    For a fresh law graduate, the biggest challenge is where to start and how to start. I was fortunate enough that the Senior’s Chamber I joined at the beginning of my career, gave me a decent amount of work to handle. He used to guide me as a mentor. The more I worked, the faster I was able to get adjusted in this profession. During my court practice days, even when my matters were not listed before the Court, I used to spend hours sitting in open courts watching different proceedings, arguments made by the counsels, court observations, and verdicts. I also used to read a lot. I used to read the entire judgement, doing my research on different laws dealing with different subjects, going through old, executed contracts to understand the transaction and the issues to be addressed in those kinds of transactions. More I focused on work and learning; I realized all the challenges are dealt with over time.

    Transitioning from practicing as an advocate to assuming leadership roles within legal departments of corporations like Thermax Limited involves a significant shift. What inspired you to make this transition, and how has this journey influenced your approach to legal practice and leadership within organizations?

    This was not an overnight shift or transition. If you go through my career path the entire transition was step by step and with constant efforts. It was planned and executed accordingly. I believe if you can’t run then walk, if you can’t walk then at least crawl but keep moving forward. All the changes I made in my career are only with a view of learning new things which is very important for a lawyer. Shifting from a small sub-divisional court practice to a Delhi Corporate law firm practice is only for getting more exposure and learning. Similarly, switching from one industry to another during my corporate journey is also to gain experience and knowledge of different laws and practices applicable to such industries. This journey of continuous learning, curiosity, eagerness, and developing new skill sets brought me where I am today.  Therefore, I will say eagerness to learn new things, getting exposure to different legal areas, and curiosity to learn about different industries and applicable laws and practices, inspired me to make this transition. Another factor that inspired me to move from legal practice to a leadership role in corporate is to make an impact at a larger level. During practice days, I used to give my opinion and advice on a specific legal matter. I never learned how my opinions and advice impact or influence an organization’s culture and policies. With an intent to make an impact, bring a difference and influence all the stakeholders, I decided to move to a corporate leadership role to use my experience and knowledge to make a positive impact on the business and organization practices. Over the period, while working in different formats, and handling different kinds of legal issues, I realized that legal practice is too wide and large. The more I learned about one area, there are several other new areas came up for further learning. My exposure to different formats and working in different industries contributed a lot to my development as a lawyer and made me adequately competent to handle any kind of legal issues or at least know how to find a solution for an issue not dealt with in the past.

    Your profile highlights your expertise in areas like Mergers & Acquisitions, Contract Management, and Litigation & Arbitration. Among these, which aspect of legal affairs do you find most engaging or challenging, and why?

    It all depends upon the complexity of a matter which makes it challenging. I have come across several complex M&A transaction structures, high-stake commercial contracts and complex litigation and arbitration which were too challenging and engaging. Hence, it will be unfair to claim any specific area as engaging or challenging as all the areas are complex, vast, and challenging. Even if you insist on naming one area then considering the nature and complexity of the dispute, sometimes I find managing Litigation and Arbitration is most engaging and challenging. For handling and managing litigation, one must consider all applicable laws, specific sections, various court precedents, and all facts and documentation involved in the dispute. Though the general perception is that litigation & arbitration are handled by external counsels, however, to enable the external counsel to effectively handle any litigation and arbitration, it’s an in-house counsel who provides all the briefing and documentation related to the case. A minor miss can have a major impact on the outcome. Managing legal expenses, while expediting the proceeding is another challenge in litigation and arbitration.

    You’ve been recognized with multiple awards and accolades throughout your career. Can you share a particularly memorable achievement or recognition that holds a special place in your heart?

    All achievements and awards are special for me as they came at different times in my career. The recognition that I receive in-house has a special place in my heart as it shows that my work is making some impact on the business and it’s a direct recognition from my internal stakeholders. Also, the team awards that I have received till date are also very special for me. In the past, I have received team awards as “Best Support to Business Initiatives”, “Most Innovative Legal Team of the Year” and “Best Enabling Function”. All these team awards represent that we as a team are able to provide effective support to our businesses and in return we have been acknowledged and appreciated. But to answer your question, The “Best Enabling Function” award received during the first year of my job with Thermax holds a special place in my heart as I was new in the Organisation and was building an impactful relationship between the Legal Department and Business.

    In addition to your professional achievements, we’d love to know more about your personal interests and hobbies outside of the legal realm. How do you unwind and rejuvenate after a busy day at work?

    I like to participate voluntarily in teaching activities, especially teaching underprivileged kids. I have been associated with a few non-profit organizations and I like spending my weekends helping these NGOs with different activities from teaching to helping the students in getting prepared for their next level of academics and career.

    Listening to music and playing guitar have been my favourite pastimes to unwind myself after a busy day at work. In the past, I had our band with a few of my friends and we spent our free weekends and holidays performing at open clubs. I love to attend music concerts and shows.

    When I feel tired after months of work, I like to unwind by long cross-country drives with my family to places I have never visited, exploring everything about that place from their culture to their staple diet. Talking to unknown people is an immense pleasure and a beautiful experience.

    Given your extensive experience, what advice would you give to the current generation aspiring to pursue a career in law? What skills or attributes do you think are crucial for success in this field today?

    For the current generation, my advice is that there are a lot of opportunities in the legal domain. Over the years, different forms of practices have developed. There are different legal areas to excel and specialize in and a lot of learning opportunities around. Students who are still pursuing law, please take your moot courts and court visits sincerely and develop a habit of reading. Law is not as easy as it seems to be and for every lawyer, it is important to learn something every day. A lawyer should always have a room for learning. Understanding a law and implementation of law are two different things so take advantage of every real-life internship you can, so you can figure out what kind of lawyer you wish to be.

    It’s my request to young guns, please develop a habit of reading and keep learning new things. There are no shortcuts in the legal profession. Online updates and snapshots are okay to get the update but please don’t miss to read those new laws, latest landmark judgements, articles, etc. Have patience, good things take time. Nobody achieves success, knowledge, and experience overnight. All these things take time and constant effort, and hard work will take you to the right places. Don’t expect immediate results in our profession and always remember that your today’s action will have a reaction after a few years. Be humble, meticulous, and good in your research and analytics.

    Given your experience in handling litigations and arbitrations, what do you believe are the critical factors for successful dispute resolution, especially in today’s dynamic business environment?

    The knowledge of Business and Law is very important for a Lawyer in today’s dynamic business environment. Unless we have exposure to both we can’t take the best foot forward and guide our Organisation. Dispute resolution requires you to have a win-win approach for the Organisation. You can’t be too stringent on your approach and have a balanced view of the dispute that is in hand. Be meticulous and have the eye of an eagle regarding attention to detail. An active and effective collaboration between legal and business is of utmost importance for successful dispute resolution. Any dispute can be handled based on evidence on record; therefore, strong documentation and record keeping are of utmost importance to resolve any dispute successfully. There should be a problem-solving approach to resolve any dispute, it will save lots of cost and time for both sides. Timely resolution of disputes is another factor to be considered. In most of the disputes, the purpose of getting into dispute resolution frustrates if it is not concluded in a time bound manner.

    You pursued management development programs from IIEM in 2017 and IIM in 2019. What motivated you to undertake these courses, and how do you believe they have contributed to your growth as a legal professional? Additionally, what are your thoughts on the importance of continuous learning and further education, such as pursuing masters or other specialized courses, in the legal field?

    Opting for courses from IIEM and IIM is part of my continuous learning process.  Through these courses, I have improved my knowledge and exposure to international trade laws as well as improved my leadership skills. Continuous learning and further education are very important parts of any professional, especially lawyers. Law is a dynamic subject and legal professionals need to be up to mark in all day-to-day changes and evolution in the subject. Continuous learning is the ongoing expansion of a person’s knowledge and skill sets. It is not only for the development of new skills and knowledge but also for reinforcing what has been previously learned. A lawyer or legal professional needs to pursue higher education and specialized courses to adapt to changing legal trends, stay competitive and deliver exceptional services. By actively pursuing higher education and specialized courses, legal professionals can refine their skills and position themselves as leaders in their respective practice areas.

    Throughout your career, you’ve undoubtedly encountered a wide array of legal challenges and victories. If you could go back in time and give one piece of advice to your younger self as you embarked on this journey, what would it be and why?

    Most of us desire to be accepted and liked, but the reality is that you can’t please everyone. It took years and years to get here, but knowing what others think doesn’t matter, disengaging from those who are not humble, practicing self-development and learning new areas of law are some of the best things I have ever done for myself. Do not seek validation in the form of other people’s opinions. Lead with kindness and treat people well. To be honest – don’t be afraid to speak your mind.

    Get in touch wit Amit K Das-

  • “My diverse practice is a result of experience with a diverse set of clients and colleagues doing niche work, exposure to the start-up community of Bangalore, and constant learning and growth”- Aditi Verma Thakur, Senior Partner at Ediplis Counsels

    “My diverse practice is a result of experience with a diverse set of clients and colleagues doing niche work, exposure to the start-up community of Bangalore, and constant learning and growth”- Aditi Verma Thakur, Senior Partner at Ediplis Counsels

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

    Ma’am, could you please share with our listeners how your journey into the field of law began? What sparked your interest in pursuing a career in intellectual property and corporate commercial law?

    My fascination with the legal field began when I witnessed my father’s dedication to law. He pursued his law during my teenage years. Though at that young age, I never thought of being a lawyer myself. Before entering the field of law, I explored different options. However, I lacked a sense of connection with what I was doing. Eventually I tried my hands at legal studies by enrolling myself in B.A. LL.B. (Hons.) course at Devi Ahilya University. I found law and arts subjects quite interesting, focussed on my law education, and enjoyed exploring diverse avenues of law, with strong inclination towards constitutional law, criminal law, contractual law, and intellectual property. I consistently excelled in my studies, and was recognized as the university topper in my graduating class.

    Upon completing my undergraduate studies, I pursued a Master of Laws in Intellectual Property at National Law University, Jodhpur, where I delved deeper into the intricate world of IP law. Through focussed internships, I was fortunate to see different sides of IP practice, such as advisory, litigation, valuation and commercialization of IPs. Additionally, my interest in international technology transfer drove me to undertake a university dissertation on the subject, further enriching my understanding of this domain.

    My first role as a full-time IP role at Krishna & Saurastri culminated from an earlier long-term internship at the firm. At K&S, I learnt the basics and practical aspects of trademark and copyright law practice, sharpen my drafting and documentation as well as hone skills, such as, communications, critical analysis, and attention to detail. While working on contested and uncontested IP matters at my first firm, I developed a keen interest in commercial and contractual IP work, and generally in contractual law too. 

    Your profile mentions that you have a versatile practice, covering soft IP, corporate commercial, technology, data protection, and media law. How did you develop expertise in such diverse areas, and what motivated you to explore these different facets of law? How do you balance these differences in your practice?

    I’ve been fortunate to encounter exceptional opportunities throughout my professional journey. Following my initial role at my first law firm, where I handled various contested matters under the mentorship of seasoned industry professionals, I transitioned to corporate firms, where I further refined my legal skills and broaden my expertise. At IndusLaw, I was entrusted with leading then-growing IP practice, which allowed me to deepen my understanding and proficiency in this area.

    My tenure in corporate firms played a pivotal role in sharpening my legal acumen and skills. Collaborating across different practice teams within these firms, I had the chance to engage in diverse projects tailored to meet our clients’ specific needs. While my primary role was to manage IP and IP litigation assignments, I also had the opportunity to delve into a wide range of commercial, IP, technology, data, and media contracts, both independently and as part of larger transactions. This collaborative environment facilitated a continuous exchange of knowledge and expertise, contributing significantly to my professional growth and development.

    Throughout my tenure in Bangalore, I have had the privilege of serving a diverse clientele, ranging from foreign firms and large multinationals to investors, universities, and small enterprises across various industry sectors. Given Bangalore’s status as a hub for niche tech start-ups seeking comprehensive legal support, a significant portion of my work revolves around providing a wide range of commercial legal and intellectual property services to tech and media enterprises, including start-ups in these domains. My responsibilities within the management committee of Ediplis Counsels (which began as an IP boutique firm focussing on technology and related domain, and now has evolved into a full-service national firm) have been pivotal in expanding my expertise. My role at the firm has provided me with a nuanced understanding in the legal domains of technology, media, data, and corporate commercial laws, allowing me to provide more comprehensive and tailored solutions to our clients. 

    In addition to my client-facing responsibilities, I am actively engaged in thought leadership initiatives. Collaborating with other senior partners at the firm, I participate in discussions concerning the policies and governance of Ediplis. Moreover, I dedicate time to mentoring young lawyers and contributing to both national and international publications, drawing from my experience as the former editor of a bi-monthly IP newsletter. These initiatives foster knowledge-sharing and professional development.

    So, my diverse practice is a result of experience with a diverse set of clients and colleagues doing niche work, exposure to the start-up community of Bangalore, and constant learning and growth. 

    I believe the different aspects of my practice have synergies and that is the core strength of my practice. For instance, my experience in contentious work has provided valuable insights that inform my advisory role, allowing me to anticipate and address potential legal challenges proactively. Similarly, my understanding of technology and media law enables me to advise clients on both the creation and commercialization of intangible assets, ensuring compliance, and mitigating risks effectively. 

    Congratulations on being recognized as the ‘Copyright Lawyer of the Year’ and achieving various accolades. Clients have praised your problem-solving skills and transparent communications. How do you think these recognitions have shaped your career, and what impact have they had on the way you approach your work?

    Many thanks for your kind wishes. I am sincerely grateful for the recognition that I have received from esteemed industry bodies, both in India and internationally. It is truly an honour to have one’s work acknowledged in such a manner, especially when such recognitions are also tied with positive feedback from clients. These industry recognitions provide credibility to my practice to a great extent, and there is an underlying sense of serving better to clients. I have also been told by several lady lawyers that my work and achievements motivate them to excel. I remember one of my neighbours trying to motivate his daughter citing my achievements. It is incredibly rewarding to know that my journey has had a positive impact, and it encourages others to excel in their own endeavours.

    However, I believe it is essential to maintain a balanced perspective on industry awards and accolades. While they provide validation and encouragement, it is crucial not to allow them to overshadow the primary focus of our work. For me, maintaining a sense of humility and dedication to my craft is paramount. I approach each day with the energy and enthusiasm of a newcomer, eager to learn and grow, while also drawing on my experience and sense of responsibility in handling both my work and relationships.

    Ultimately, my goal is to continue delivering high-quality legal services to my clients. By remaining focused on the task at hand and staying true to my values, I hope to uphold the trust and confidence that clients place in me and my abilities.

    You’ve served as a guest faculty at premier law schools and contributed to national and international publications. What value do you see in sharing your knowledge with others?

    I have always held a deep interest in teaching and writing, recognizing them as invaluable tools for personal and professional development. Besides this, I view teaching and writing as essential means of giving back to the broader community. 

    Whether engaging with colleagues or clients, I make it a priority to share insights, perspectives and anecdotes from my own experiences. For instance, I regularly share legal and practical knowledge with my colleagues, promoting a culture of continuous learning and growth within our team. Similarly, I ensure that my clients are equipped with a comprehensive understanding of the legal landscape relevant to their matters, empowering them to make informed decisions. My mentors’ willingness to share their wisdom and perspectives – both on work-related matters and broader life topics – has instilled in me a deep appreciation for the value of knowledge exchange. 

    What role have your mentors played in your career growth? What is the importance of mentorship and guidance in one’s career and growth? 

    I am incredibly grateful for the guidance and mentorship I have received from various individuals throughout my professional journey. From my parents, seniors at Krishna & Saurastri and IndusLaw, my husband and now my peers at Ediplis, I have been fortunate to have wise mentors who have played a pivotal role in shaping my professional and personal life. Their mentorship has been multifaceted, encompassing everything from learning the fundamentals of law and drafting to navigating complex professional challenges and finding a balance between work and family life. Each mentor has provided invaluable insights and guidance, contributing to my growth and success in different ways.

    I feel mentorship plays a huge role in one’s success. If you get a wise mentor early on and they also are willing to invest in you, you can advance well in your professional life. It’s certainly important to find and believe in good mentors. 

    What are your thoughts on work-life balance? Are you able to achieve that considering the kind of work you do? 

    I believe if you don’t have a healthy work-life balance, you have stress, fatigue and burnouts. I understand a good work-life balance is very difficult to achieve when you want to also grow professionally, but one has to keep trying to achieve that state for your physical and mental being. 

    In fact, we at Ediplis encourage our firm members to focus on their work and well-being both. We try and ensure a good work culture at the firm. Members are able to spend time on their interests and hobbies. We support working parents at our firm so that they are able to devote time to their families while managing their professional responsibilities. These efforts have resulted in well-organized and productive teams who are able to thrive both personally and professionally.

    In the past, I have experienced first-hand the challenges of balancing work and personal life. There was a time when I prioritized work over everything else, believing that it was necessary for career growth. However, I realized that neglecting my personal well-being had adverse effects on my health and overall happiness. 

    Since then, I have made a conscious effort to establish boundaries and prioritize self-care. While maintaining work-life balance can still be challenging at times, I am committed to making consistent efforts to achieve it. I have found that by taking care of my physical and mental health, I am able to work more efficiently and mindfully, ultimately leading to greater overall satisfaction.

    As a lawyer and a mother, I recognize the importance of finding a balance between professional responsibilities and personal commitments. While there may be moments when work pressures demand more of my time, I remain optimistic and resilient, knowing that I am continually striving to do better.

    Lastly, considering your extensive experience, what advice would you offer to law graduates who are just starting their careers in the legal field?

    My advice to the younger pool of lawyers is to remain focussed, patient, persistent and consistent; seek out mentorship; and embrace lifelong learning. By adhering to these mantras, young lawyers can build a solid foundation for a successful and fulfilling career in the legal profession.

    Get in touch with Aditi Verma Thakur-

    Website of the firm: https://www.ediplis.com/

  • “Keep moving forward with unwavering determination, and you’ll find that the rewards are bound to follow.” – Evolution from a First-Generation Lawyer to IP Law Specialist, Anil Kumar Sahu, Managing Partner of ALL IP CARE.

    “Keep moving forward with unwavering determination, and you’ll find that the rewards are bound to follow.” – Evolution from a First-Generation Lawyer to IP Law Specialist, Anil Kumar Sahu, Managing Partner of ALL IP CARE.

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

    Can you share with us the story behind your journey into the field of law? What inspired you to pursue a career in law, and how did your early experiences shape your path to becoming a seasoned legal professional?

    As a child, I witnessed my family go through a challenging and emotionally taxing ordeal that required multiple visits to various courts. During this time, my father faced significant hardship due to family disputes and it was during these moments of adversity that I had a profound realization that I would never want to see my family or anyone I cared about go through such difficulties again.

    This poignant experience became the catalyst for my decision to pursue a career in law. I was determined to gain the knowledge and skills necessary to navigate the legal system effectively, to protect the rights and interests of my loved ones, and to ensure that justice was served. It was a deeply personal motivation that fuelled my journey into the field of law, driven by a heartfelt commitment to prevent others from experiencing the same kind of turmoil and uncertainty that my family endured.

    Your firm, ALL IP CARE, specializes in Intellectual Property Rights among other legal services. What drew you to focus on this particular area of law, and what excites you the most about working in the realm of IP rights?

    Becoming an advocate, especially as a first-generation lawyer, presented me with numerous challenges on my path to success. In 2002, I embarked on a journey of advocacy at Tis Hazari Court. I gained first-hand experience in handling a diverse range of legal matters, including civil, criminal, matrimonial, writ, and service cases.

    However, life had other plans and in 2007, when I decided to switch my practice in the domain of Intellectual Property laws. This transition introduced me to the intricate world of IP laws.

    During my tenure at the IP law firm, I was fortunate to be presented with significant opportunities that I regard as noteworthy achievements. I was entrusted with the task of working on a research paper related to prior publication in the Designs Act, and I was also deeply involved in trademark research. These experiences allowed me to delve deeply into the realm of Intellectual Property Rights (IPR) laws.

    Given your extensive experience in criminal law, could you share some insights into how you approach defending clients in criminal cases, especially in light of your specialization in areas like Intellectual Property infringement?

    When approaching clients, particularly in cases of Intellectual Property infringement, I adhere to a strategic and comprehensive approach. Though stringent laws on criminal prosecution exist, their enforcement is challenged by limited awareness among law enforcement bodies. Investigation and scrutinizing evidence surrounding the alleged infringement go hand in hand, further buttressed by assertions from potential witnesses such as subject matter experts or law enforcement officers who can support building the case, whether it be a civil or criminal prosecution. Being able to adapt strategies based on evolving circumstances ensures the best possible outcome for the client in protecting their IP.

    Your profile mentions your involvement in organizing workshops and seminars on various legal topics. What motivates you to engage in these initiatives, and how do you believe they contribute to the legal community?

    As an IP lawyer, organizing workshops and seminars is not only a professional responsibility but also a passionate pursuit. The lack of awareness among people about intellectual property remains a significant hurdle, leading to substantial challenges in enforcing IP rights. It provides a platform to disseminate knowledge about trending developments and legislative changes within the field among young lawyers and business professionals which in return provides space to enhance understanding of complex IP concepts, as well as moulding opportunities for collaborative ventures. At the same time, it allows for an interesting brainstorming session with budding lawyers and business professionals.

    As a seasoned advocate, you’ve undoubtedly encountered diverse legal challenges. Can you tell us about a particularly challenging case you handled and how you navigated through it to achieve a favourable outcome for your client?

    I could recollect a notably challenging case that I handled which involved securing an injunction against a defendant who was dealing in jewellery falling under class 14, while using a tagline deceptively similar to our client’s tagline registered in class 3. Dealing with this complex matter required a strategic combination of legal research, expert collaboration, and meticulous argumentation and we crafted a compelling case by highlighting the infringement of both trademark rights and the deceptive trade practices involved. Through persistent negotiation and leveraging the strength of our legal arguments, we successfully obtained the injunction, thereby protecting my client’s intellectual property rights and securing a favourable outcome.

    However, I would like to stress that it is not a particular case but the domain of IPR laws which is itself a very challenging and rocky terrain which requires intellectually eccentric application of mind.

     Your firm has been involved in various legal initiatives and collaborations, including workshops with law enforcement agencies. Could you elaborate on the significance of such collaborations and how they contribute to the broader goal of legal awareness and enforcement?

    These collaborations with legal firms and law enforcement agencies are important for promoting legal awareness and enforcement of IP rights. These initiatives facilitate the exchange of knowledge and expertise, creating a better understanding of complex legal issues and procedures which in return helps in building capacity through proper guidance. Altogether, these efforts contribute to more effective problem-solving strategies, enhanced enforcement outcomes, and increased community engagement, by working together comprehensively and securing awareness among all channels of enforcement.

    Away from the courtroom, do you have any hobbies or interests that you like to indulge in? How do you strike a balance between your professional commitments and personal pursuits?

    Maintaining a healthy work-life balance for me involves a clear distinction between my professional and personal life. I establish boundaries to ensure that when I’m working, I’m fully engaged and focused on my professional responsibilities, and when I’m off-duty, I prioritize personal time with my family and watching documentary/ Bollywood movies. Additionally, I love to Share my knowledge and passion by becoming a mentor or teaching others about the different realm of the provision of laws.This separation allows me to recharge, spend quality moments with loved ones, and pursue hobbies and interests, ultimately ensuring that both my professional and personal aspects of life coexist harmoniously and contribute to my overall well-being.

    Lastly, considering the rapidly evolving legal landscape and the challenges faced by the current generation of legal professionals, what advice would you offer to young lawyers aspiring to make their mark in the legal field?

    Perseverance and patience are the fundamental keys to success. It’s essential never to lose faith in yourself and your journey because life has a way of presenting opportunities that make all the challenges and efforts worthwhile. I suggest to all young lawyers to remember a famous dialogue from the movie ‘3 Idiots’ – “All is well.”. This simple mantra serves as a reminder that, despite difficulties, maintaining a positive mindset can be a powerful tool to navigate through life’s ups and downs. Keep moving forward with unwavering determination, and you’ll find that the rewards are bound to follow.

    Get in touch with Anil Kumar Sahu-

  • “Thorough review and scrutiny of legal documents can help mitigate risks and prevent costly legal disputes or litigation down the line”-Siddhanth Pandey, Sr. Manager Legal-Adani Connex Pvt. Ltd

    “Thorough review and scrutiny of legal documents can help mitigate risks and prevent costly legal disputes or litigation down the line”-Siddhanth Pandey, Sr. Manager Legal-Adani Connex Pvt. Ltd

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

    Can you share with us how your journey led you to pursue a career in law, especially with your diverse experience spanning industries like projects, infrastructure, oil and gas, and pharmaceuticals?

    First of all, I would like to thank you for providing me this opportunity to share my journey. What needs to be understood is that while the journey to pursuing a career in law may vary for each individual, having diverse experience across industries can provide valuable insights and perspectives that enrich one’s legal practice and contribute to professional growth and success. Initially I wanted to pursue a career in Journalism but while exploring options after class 12th my father floated this idea of pursuing law and rest as they are history. While working in projects, infrastructure, oil and gas, and pharmaceuticals, I had encountered various legal issues and regulations. Through my experiences, I discovered a genuine interest in legal matters. I more often than not found myself drawn to the complexities of contracts, regulatory frameworks, intellectual property rights, or dispute resolution processes.

    With over nine years of experience, you’ve worked in various capacities across different organizations. How have these experiences shaped your approach to problem-solving and finding innovative legal solutions?

    My diverse experiences across different organizations have shaped my approach to problem-solving and finding innovative legal solutions by fostering adaptability, providing a holistic perspective, encouraging interdisciplinary insights, promoting creative thinking, and emphasizing continuous learning and improvement. These experiences equip professionals with the skills, knowledge, and mindset necessary to navigate complex legal challenges and drive positive outcomes in diverse contexts. Key things that I learnt are Adaptability, Holistic Perspective, Interdisciplinary Insights, Creative Problem-Solving, Continuous Learning and Improvement.

    As someone with experience in drafting and vetting a wide range of commercial agreements, could you highlight the importance of attention to detail in legal writing and review processes?

    Attention to detail is paramount in legal writing and review processes for several reasons:

    Accuracy: Legal documents often contain complex language and technical terms. Attention to detail ensures that the content is accurate and free from errors, including typographical, grammatical, or factual inaccuracies. Precision in language helps to convey the intended meaning clearly and reduces the risk of misinterpretation or ambiguity.

    Legal Compliance: Legal documents must comply with applicable laws, regulations, and contractual obligations. Attention to detail ensures that all relevant legal requirements are met, including citing relevant statutes, regulations, case law, and contractual provisions accurately. Failure to comply with legal requirements can have serious consequences, including legal disputes, financial liabilities, and reputational damage.

    Clarity and Coherence: Effective legal writing requires clarity and coherence in conveying complex legal concepts and arguments. Attention to detail helps to ensure that the document is well-organized, logically structured, and easy to understand. Clear and concise writing enhances readability and comprehension, enabling the intended audience to grasp the key points and legal implications effectively.

    Risk Mitigation: Inaccuracies or inconsistencies in legal documents can create legal risks and liabilities for the parties involved. Attention to detail helps to identify potential risks, ambiguities, or unintended consequences early in the drafting and review process. Thorough review and scrutiny of legal documents can help mitigate risks and prevent costly legal disputes or litigation down the line.

    Professionalism and Credibility: Attention to detail reflects professionalism and attention to quality in legal practice. Meticulousness in drafting and reviewing documents demonstrates a commitment to excellence and instills confidence in clients, colleagues, and stakeholders. Attention to detail enhances the credibility of legal professionals and reinforces trust in their expertise and judgment.

    Ethical Considerations: Legal professionals have ethical obligations to provide competent and diligent representation to their clients. Attention to detail is essential to fulfilling these ethical duties by ensuring that legal documents are prepared and reviewed with the utmost care and diligence. Ethical lapses, including negligent drafting or review, can undermine the integrity of the legal profession and erode public trust.

    In summary, attention to detail is a foundational aspect of legal writing and review processes. It promotes accuracy, legal compliance, clarity, risk mitigation, professionalism, and ethical practice in legal representation. By prioritizing attention to detail, legal professionals can enhance the quality, effectiveness, and integrity of their work product, ultimately serving the best interests of their clients and upholding the principles of justice and fairness in the legal system.

    Your expertise extends to intellectual property rights, including trademark registrations and copyright infringement claims. What advice would you give to businesses looking to protect their intellectual property effectively?

    As a lawyer, here is some advice I would offer to businesses looking to protect their intellectual property effectively:

    Identify and Understand Your Intellectual Property: Begin by identifying all forms of intellectual property (IP) your business owns or creates, including patents, trademarks, copyrights, and trade secrets. Understand the scope, value, and importance of each type of IP to your business operations and competitive advantage.

    Develop an IP Protection Strategy: Create a comprehensive IP protection strategy tailored to your business goals, industry dynamics, and market conditions. Determine which forms of IP protection are most relevant and valuable to your business, and allocate resources accordingly. Consider factors such as the nature of your innovations, competitive landscape, and potential risks of infringement or misappropriation.

    Secure Legal Protection: Obtain proper legal protection for your intellectual property assets through patents, trademarks, copyrights, and trade secret protection. Work with experienced intellectual property attorneys to assess the eligibility of your innovations for patent protection, register trademarks and copyrights for brand assets and creative works, and implement confidentiality measures to safeguard trade secrets.

    Enforce Your IP Rights: Implement proactive monitoring and enforcement measures to detect and address potential infringements or unauthorized use of your intellectual property. Regularly monitor market activities, competitor behaviour, online platforms, and industry publications to identify instances of infringement or misuse. Take prompt and decisive action to enforce your IP rights through cease-and-desist letters, negotiation, mediation, or legal proceedings when necessary.

    Educate and Train Employees: Educate employees about the importance of intellectual property protection and their role in safeguarding IP assets. Implement policies, procedures, and training programs to raise awareness about IP rights, confidentiality obligations, and best practices for handling sensitive information. Foster a culture of respect for intellectual property and encourage employees to report any suspected infringements or security breaches promptly.

    Protect Your Brand: Your brand is one of your most valuable assets, so it’s essential to protect it effectively. Register trademarks for your brand name, logo, slogans, and other distinctive elements to prevent others from using similar marks that could cause confusion among consumers. Monitor the marketplace for potential trademark infringements and take appropriate legal action to defend your brand’s integrity and reputation.

    Document and Maintain Records: Keep detailed records of your intellectual property assets, including registration certificates, licensing agreements, assignment documents, and enforcement efforts. 

    Stay Informed and Adapt: Stay informed about changes in intellectual property laws, regulations, and industry trends that may impact your business. Stay abreast of emerging technologies, market developments, and competitive threats that could affect your IP strategy. Continuously evaluate and adapt your IP protection strategy to address evolving business needs, market conditions, and legal requirements.

    By following these guidelines and investing in effective intellectual property protection strategies, businesses can safeguard their valuable innovations, brand assets, and competitive advantages, mitigate risks of infringement or misappropriation, and maintain a strong position in the marketplace.

    In your role at Cyril Amarchand Mangaldas, you were involved in drafting agreements related to renewable energy generation and handling environmental inquiries. How do you balance legal requirements with environmental sustainability concerns in such projects?

    By adopting a holistic and proactive approach that integrates legal requirements with environmental sustainability concerns, renewable energy projects can achieve positive environmental outcomes, contribute to climate mitigation and adaptation efforts, and foster long-term social, economic, and environmental benefits for communities and ecosystems alike.

    Balancing involves: Compliance with Environmental Regulations, Adoption of Best Practices and Standards, integration of Environmental Considerations into Project Planning, Engagement with Stakeholders and Communities, Embrace Renewable Energy Technologies and Innovations, Monitor, Evaluate, and Adapt.

    Lastly, drawing from your extensive experience, what advice would you offer to fresh law graduates aspiring to excel in the legal field, especially in terms of developing their problem-solving skills and navigating diverse industries?

    Continuous Learning and Growth: The legal profession is dynamic and constantly evolving, so commit yourself to lifelong learning and professional development. Stay updated on changes in laws, regulations, and industry trends relevant to your practice areas. Engage in continuing legal education (CLE) programs, attend seminars, workshops, and conferences, and seek mentorship from experienced practitioners to broaden your knowledge and expertise.

    Develop Strong Analytical Skills, Enhance Communication Skills, Embrace Interdisciplinary Perspectives, 

    Seek Diverse Experiences: Be open to exploring diverse practice areas, industries, and professional opportunities to gain valuable experience and expand your skill set. Consider internships, clerkships, externships, and volunteer opportunities in law firms, government agencies, corporations, non-profit organizations, and international institutions to gain exposure to different legal environments and practice settings. Seek out mentors and role models who can provide guidance, support, and insights into various career paths and practice areas.

    Cultivate Adaptability and Resilience: The legal profession can be demanding and unpredictable, so cultivate adaptability and resilience to navigate challenges and setbacks effectively. Embrace change, uncertainty, and ambiguity as opportunities for growth and learning. Develop the ability to think on your feet, adapt to new situations, and bounce back from setbacks with resilience and determination.

    Maintain Integrity and Professionalism: Uphold the highest standards of integrity, ethics, and professionalism in your legal practice. Act with honesty, integrity, and transparency in all your professional dealings. Respect confidentiality, avoid conflicts of interest, and prioritize your clients’ best interests above all else. Build trust and credibility with clients, colleagues, and the broader legal community through your ethical conduct and professionalism.

    Get in touch with Siddhanth Pandey-

  • “Challenges in insolvency proceedings are prevalent, but restoring client faith amid delays is essential. Legislative amendments offer hope for a brighter future.” – Unveiling the Journey of Shikha Goenka Ginodia, Partner at ANM Global

    “Challenges in insolvency proceedings are prevalent, but restoring client faith amid delays is essential. Legislative amendments offer hope for a brighter future.” – Unveiling the Journey of Shikha Goenka Ginodia, Partner at ANM Global

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

    Shikha, could you tell us about how you began your journey in law and what motivated you to pursue this career path? What were some of the initial challenges you faced, and how did you overcome them to establish yourself in the legal profession?

    I don’t recall as to why, but as a child, I wanted to be a Judge. Then, post my 12th grade exams, like everyone else, I had to decide my career path and I chose law as may career path ahead. I distinctly remember some of my relatives advised my father that if I do law, then it will be difficult to find a groom for me. This increased my determination further to go ahead with law as my career path. Being a girl and belonging to a Marwari family, it was not an easy choice. However, fortunately, my parents supported my decision. That said, I didn’t have any guidance or a shoulder to fall back on for my journey in law. One thing which helped me to survive the various challenges in this otherwise fruitful journey was my passion. I guess somewhere that dream of mine to become a Judge, helped me to hang in there.

    Your journey from in house to law firm and also from litigation to corporate restructuring and insolvency practice is quite intriguing. Can you share what inspired you to transition into this field and how your previous experiences have shaped your current expertise?

    Yes. It has been quite a rollercoaster rise. I am among the few who has gone from a law firm to an in-house and then back to a law firm. My journey of Corporate Restructuring & Insolvency Practise started when I was with Piramal Capital & Housing Finance Limited.  I was fortunate to get the best team and guidance and support. I still remember, my senior at Piramal, guiding me that as an in-house counsel, how one has to wear both the hats – business and legal and keep shuffling between them. At Piramal, I was part of some of the high-profile real estate resolutions and saw the entire cycle of restructuring, pre-insolvency strategy, CIRP process and settlement. It also helped me to have a business enabler mindset rather than just a legal mindset. So, my experience with Piramal Capital really helped me to shape the current expertise of mine.

    In your current role at ANM Global, you’ve been involved in advising creditors and representing resolution professionals in insolvency matters. What unique challenges do you face in this area, and how do you overcome them?

    The biggest challenge which I am seeing is that creditors have somehow lost the faith in insolvency proceedings given a lot of delay in hearings at NCLT because of vacancy in the benches. The vacancy has now been filled and various positive amendments are being passed by legislature. Hence, when we speak to our clients, we inform them about these developments and are hoping that sooner or later their faith will be restored.

    Looking back at your journey so far, what’s one piece of advice you wish you had received when you were starting your career?

    When I see back, I feel none. I strongly feel each of my experiences in my entire journey and the challenges were a milestone rather than a stumbling block. Absence of any of those challenges would have made the journey less memorable. Looking back, I also feel that not having any godfather, so to say, helped me even more to get more out of each of my challenges on the way.

    What is your view on internships and early stages of a law career?

    Internship is a really good opportunity at the start of one’s career to understand areas of interest while at the same time, I would say that enjoy the college life as well as I strongly believe those days never come back again. During early stages of law, I would suggest one to work as diligently as possible as that is the time when one can create a strong base in law which is important to shape the career in the long run.

    You’ve been involved in various high-stakes cases throughout your career. Can you share a memorable success story where your strategic approach led to a favorable outcome for your client?

    I believe, the strategy should start right at the time of entering into any agreement or contractual obligation. Being always on litigation side, I knew how are the clauses interpreted and what are the things which should be taken care of at the time of entering into contracts and during the life of the contracts. Accordingly, we have a White Paper listing out statement of procedure (SOP) to be followed while executing the documents as well as during the transaction. We discuss this with our clients so that proper steps can be taken right at the documentation stage itself. The SOP tremendously helps in resolving the complicated matters.

    Besides that, from time to time, once the matter goes into litigation, we understand the end solution required, devise a strategy and then work towards it. This exercise done by us in each of the matter really helps us to get better results for our clients.

    Though I have been part of some of the big real estate resolution and dispute resolution where our strategy really worked for our client, there is one matter which I had in my initial days of legal practise and which remains close to my heart. We were briefed by an individual client wherein he had a huge property in South Mumbai and he had learnt that one of his relatives, has fraudulently filed some litigation in it and is about to take absolute possession on the next day in Bombay High Court. We devised the strategy on the same day, drafted the application overnight, filed the matter in morning, mentioned it and got a stay on the process of handing over the keys, all within a period of 24 hours.

    You have chosen Insolvency and Bankruptcy Law, litigations as your area of specialisation? Any specific reason behind it?

    Litigation was always my passion. Hence, even after completing my CS, I never pursued the same. I find Insolvency & Bankruptcy Law logical and versatile. The best part is that it keeps on evolving on a daily basis which makes it challenging as well as interesting.

    Apart from your legal career, we hear you enjoy cooking and playing badminton. How do you balance your professional life with your personal interests, especially with a young child?

    Yes. I love playing badminton with my husband and son. Whenever possible, I also play board games with my son and cook food for the family. These are stressbusters for me. For me, my career and my family has to go hand in hand and I try my best to spend my early mornings and weekends with my family. 

    Given your extensive experience, what advice would you offer to young professionals aspiring to build a career in law, particularly in the fields of corporate restructuring and insolvency?

    I believe today’s young professionals have become impatient looking for instant gratification. To all of them, I would suggest to show some perseverance and hang in there. As they say, Rome was not built in a day! All you need to do is continue working hard, focus on process and results will follow. With regards to Insolvency practise, my suggestion would be to try to understand it logically and keep yourself updated.

    What would be your one piece of advise for women practitioners?

    To the young women practitioners out there, I would just advice, be yourself. Don’t compete yourself with anyone. At times, in order to manage everything, we get too harsh with ourselves. I would say, learn to let go and enjoy your journey. It is the journey which makes the destination beautiful!  

    Get in touch with Shikha Goenka Ginodia-

  • “When one is doing relatively better in their career, it is easy to set a certain “effortless” narrative for their story. However, it is neither fair nor honest if they don’t acknowledge the years of struggle they endured to be wherever they are today.”- Stutee Nag, Dual-qualified Attorney, International Family Law Office of Jeremy D. Morley

    “When one is doing relatively better in their career, it is easy to set a certain “effortless” narrative for their story. However, it is neither fair nor honest if they don’t acknowledge the years of struggle they endured to be wherever they are today.”- Stutee Nag, Dual-qualified Attorney, International Family Law Office of Jeremy D. Morley

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

    Could you please share with us the story of how you chose to pursue a career in law, especially focusing on international family law and child custody matters between India and the U.S.?

    Being a lawyer is tough. 

    Being a young lawyer is tougher. 

    But being a first-generation, young lawyer – well, that’s just pure chaos!

    I received my law degree in India in 2012, and it has been quite the journey from a fresh law graduate to an international family law practitioner. From being a law clerk at the Punjab and Haryana High Court, to a litigation associate in New Delhi, to an LL.M. candidate in New Hampshire, to a duly licensed New York attorney, to a wife, and, most importantly, to a mother – I have had the good fortune to evolve at every step.

    My initial connection to this area of law and my continued interest in this field is a sum total of several factors. I stumbled upon this particular practice area by chance when I started working for one of the most renowned international family law practitioners in the world, I am based in one of the most diverse cities in the world with a high number of internationally born population, I come from a country that has the world’s biggest diaspora, I am a dual-qualified attorney, and I am a young immigrant mother in an international marriage. In essence, I can relate to the challenges faced by international families, not just as their attorney but also on a much more personal level.

    As someone deeply involved in international family law, could you shed light on what are some of the most significant challenges that your clients face after the breakdown of an international marriage/relationship, particularly concerning issues like International Parental Child Abduction (IPCA)?

    I think the biggest challenge for a person stuck in the middle of an international divorce or custody dispute is to secure effective and timely legal advice. It is challenging enough to figure out the laws and the public policy of one jurisdiction but throw in a whole other continent, and it’s a different ball game altogether. From the financial aspects of a divorce to child custody laws, there are different advantages (or disadvantages) that come with a particular jurisdiction. This often ends up in parties initiating multiple parallel proceedings against each other and then ensuing a judicial tug-of-war, especially in child custody cases. Thus, one wrong step in an international family law dispute can have an everlasting impact on a person’s custodial rights over his or her children, financial rights upon a divorce, immigration status, professional goals, and overall life.

    International Parental Child Abduction (IPCA) is an example of one of the many challenges which a parent might face when an international marriage/relationship breaks down. IPCA is the removal or retention of a child by one parent, outside the child’s country of habitual residence, in breach of the other parent’s custody rights (often done without the knowledge or consent of the other parent). It is a federal crime in the U.S.

    Could you provide our listeners with an overview of the Hague Abduction Convention and its significance in resolving cases of international child abduction?

    The Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction (the “Hague Convention” or the “Convention”) is an international treaty that aims to prevent IPCA and protect children from the harmful effects of such wrongful removal or retention. The Convention establishes a legal framework (a “shared civil remedy”) among partner countries for the prompt return of internationally abducted children to their country of habitual residence. A court functioning under the Convention does not settle a child custody dispute. It merely decides whether or not a child should be returned to the country of his habitual residence, so that the custody dispute can then be settled by the courts in that country. 

    Keep in mind that just because a country has signed the Convention does not mean that an internationally abducted child would have to be ordered to be returned under all circumstances. The Convention provides six defenses when a court may deny the return of an abducted child. These defenses concern a “grave risk of harm” to the child upon return, the child’s age and opinion, the one-year-and-settled rule, violation of fundamental principles of human rights, consent of the left-behind parent, and the fact that the left-behind parent was not actually exercising rights of custody at the time of wrongful removal.

    More than one hundred countries have signed the Hague Convention. India is not one of those countries.

    You’ve been actively advocating for India to sign the Hague Abduction Convention. Can you explain why you believe this is crucial and the potential impact it could have on resolving international parental child abduction cases involving India?

    I will keep it as short as possible!

    India’s need to accede to the Convention has been underscored by various concerned authorities in the past, including the Hon’ble Indian Law Commission. However, in April 2018, India refused to sign the Hague Convention. It was primarily because the Indian government felt that signing the Convention would deprive the Indian courts of the discretion to refuse the return of a child in a Hague case where such a return is not in the “best interest of the child” (BIOC). The BIOC is the basic principle that all Indian courts apply in all disputes concerning a child’s custody (or even return). The Hague Convention, on the contrary, implies that a court that is merely hearing a return petition should not apply the BIOC principle because it is for the courts in the country where the return is sought to make a rights-of-custody determination under that principle. The second reason for the Indian government to decide against the Convention was that it had concerns about gendered domestic violence against mothers of Indian origin in a foreign country. 

    At that time the Indian government also introduced a Bill titled the Protection of Children (Inter-Country Removal and Retention) Bill, 2018, to tackle the menace of IPCA. Additionally, a “Proposed Authority” was ordered to be set up to handle inter-country parental child removal disputes, and a “Mediation Cell” was established in 2018 to mediate international custody disputes.  It has been almost six years since the Proposed Bill was introduced, but it has since been tabled. The Proposed Authority is yet to come into existence, and the Mediation Cell has not resolved any abduction cases. Not to mention that even if the Proposed Bill had become a law, it would have still lacked the required international backing or the proverbial teeth. However, even without factoring in the issues concerning the Proposed Bill or the Proposed Authority, there still are several independent reasons why the Indian government should consider signing the Convention.

    Firstly, the concerns of the Indian government regarding the BIOC appear to be unfounded because the BIOC is almost a universally applicable standard in child custody disputes. Thus, no matter which court gets to decide the custody dispute, the applicable standard will always be BIOC.

    Secondly, while India’s concerns about gendered domestic violence are not unfounded, it is not an issue specific to women of Indian origin. It is a sensitive and grave issue worldwide, irrespective of the gender or nationality of the victim. Most Hague countries have effective mechanisms in place against domestic violence. This help is available irrespective of the victim’s race, gender, nationality, or immigration status. For instance, all the U.S. States have such programs and helplines in place which offer assistance to domestic violence victims. Such services are usually free of cost, and attempts are even made to provide such assistance in the language that the victim speaks. A victim of domestic violence can initiate a police complaint against the preparator, secure a restraining order, file for a divorce, and initiate a custody case before the concerned foreign court.

    Thirdly, instead of causing an unauthorized removal of the child from another country to India and facing criminal charges, the taking parent has the option to seek the permission of the foreign court to relocate internationally with her children by initiating an international child relocation petition.

    Fourthly, authoritative statistics confirm that India has the world’s biggest diaspora, and all the top countries to which Indians move are Hague signatories, barring the UAE.

    Fifthly, India’s current system of handling a return petition through the writ of habeas corpus and the governing factors in such a writ are strikingly similar to the defenses in a Hague case (as in the situations where the Hague court may not order the return of the child to the country of his habitual residence). Some of these factors/defenses include the age and opinion of the child, the time spent by the child in India since the time of the abduction, the grave risk of harm to the child (or the taking-parent), and the association of the left-behind parent with the child.

    Fifthly, if the taking parent is a mother who decides (in an impulsive moment) to return to India with the child, she may then be prevented, forever, from claiming what is rightfully hers upon divorce in a foreign country because her husband has not only initiated a criminal complaint against her but there is an international arrest warrant out against her. Under such circumstances, the Indian wife’s right to be maintained upon divorce will be hard to enforce through an Indian order, given that the husband is living in a foreign country. On the other hand, the wife would likely not get what she deserves from the foreign court because she willingly flouted a serious law against IPCA and possibly defied a foreign court’s return-of-the-child order.

    Not to mention the burden it puts on an already overburdened Indian judiciary. Once the taking-parent is in India, there is no way to predict what they might do/assert in order to be able to retain the child in India. From filing made-up domestic violence charges to initiating false cases under the infamous Section 498-A of the Indian Penal Code in some cases to filing for restitution of conjugal rights, both sides take whatever steps they feel are necessary to exert pressure on the other side. 

    Furthermore, in today’s rapidly changing economic climate and given India’s bid to be seen as a key player in the current global settings, it does not bode well for India’s international image when the Indian legal system is referred to as “less developed” or as a “safe haven” for child abductors.

    In your experience, what are the usual legal avenues available for a left-behind parent seeking the return of their child from India, considering India’s current stance as a non-signatory to the Hague Convention?

    As I mentioned in my previous answer, the usual way to secure an internationally abducted child’s return from India is to file a writ of habeas corpus before the concerned Indian High Court. However, it is an extraordinary writ and is usually available only under exceptional circumstances. Moreover, from the voluminous (and highly divergent) Indian case law, it is hard to deduce a set of favorable factors that might cause the Indian High Courts to order the return of a child in such cases. The uncertainty of the left-behind parent is not as to the outcome alone; this uncertainty also remains with respect to the correct procedure to follow. Whether to approach the foreign court for an interim custody/return order or whether to approach the Indian writ court directly – there is no clear answer. On the one hand, the existence of a foreign custody order is considered as one of the several factors that Indian courts consider while ordering the return of the child, on the other hand, it seems necessary for the left-behind parent to secure an emergency custody order from the child’s country of habitual residence in the hope to prevent the taking parent from initiating a regular custody case in India based on the concept of ‘ordinary residence’ of the child (and this is just one such example).

    Understandably, a left-behind parent (especially one of Indian origin) might feel cheated by the system because of the lack of proper recourse.

    Given your extensive experience and expertise, what advice would you offer to fresh graduates aspiring to specialize in international family law or pursue a career in law with a focus on cross-border issues?

    Dear fresh graduates, I’d like to start with a bit of general advice. Don’t be afraid to make mistakes (as long as you learn from them). And please don’t be afraid to share. Whether it is your special knowledge or skills, your initial insecurities regarding this profession, or even your occasional failures- whatever it is- learn to share. 

    When one is doing relatively better in their career, it is easy to set a certain “effortless” narrative for their story. However, it is neither fair nor honest if they don’t acknowledge the years of struggle they endured to be wherever they are today. I had my share of struggles during my initial years, and sharing those struggles with people close to me only made things better. By sharing your struggles with others, you are telling the other people (who are also struggling) that they are not alone and that it gets better. This is generally true for any profession, but it is spot on for fresh-out-of-law-school lawyers. There is a learning curve to this profession, and there is no one defined way to master it. So truly, what matters is your journey (and detours), not the destination. Don’t be afraid to network and reach out to other people if you have doubts (in fact, my US journey started by reaching out to a wonderful attorney who was featured by Superlawyers back then).

    For any kind of international law practice, you should be prepared to learn (from scratch) the legal system of another country (sometimes you may even be required to unlearn the things you did in your home country); you will be required to take the Bar exam once again (easier said than done); you must learn to network, and lastly, as with everything in life, luck is a huge factor (especially with immigration-related issues).

    It is possible when you shift gears in your profession, that you will find that your carefully honed skills from your previous position do not necessarily translate into your next position. However, they are never rendered useless. It is entirely up to you to collate your bundle of skills and offer something unique to the world.

    Finally, considering your advocacy work and professional journey, what message or advice would you like to share with our listeners, especially those who might be facing international legal challenges or navigating the complexities of international family law?

    Get the right attorney ASAP! 

    The first step in many international family law cases is the most important one, and one must not mess it up by receiving incorrect (or impractical) advice.

    Get in touch with Stutee Nag-