Super Lawyer

Tag: IPR

  • “Believe, and the rest will follow,” anticipating the future intersection of law and technology. Gain insights into how the U.S. experience broadened his perspective and depth of knowledge, setting the stage for a distinguished career in IPR – Amit Panigrahi, Partner Designate at Luthra and Luthra Law offices

    “Believe, and the rest will follow,” anticipating the future intersection of law and technology. Gain insights into how the U.S. experience broadened his perspective and depth of knowledge, setting the stage for a distinguished career in IPR – Amit Panigrahi, Partner Designate at Luthra and Luthra Law offices

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

    Your journey into law seems to have had a unique choice between following in the family’s medical footsteps or venturing into law. What inspired you to break the mold and pursue a career in law, especially as a first-generation lawyer in your family?

    Well, choice was indeed interesting but for me the satisfaction of being a well-rounded professional was the first priority. . It was difficult to choose from either of two, but law attracted me because of the respect for knowledge it gave and since it was less explored at that time (2005). The more I read the law books to know about the subject, the more I was sure that I wanted to now pursue it. Being the First-Gen lawyer in the family, it also took some field work and guidance and so became my early mentor, Mr Fali S. Nariman. That’s when it was all clear! 

    You pursued an LL.M. in Intellectual Property from Benjamin N. Cardozo School of Law in New York. How did studying in the U.S. influence your perspective on intellectual property law, and did it bring any unexpected adventures?

    My pursuance of LL.M and where to do it from was very clear, U.S. and from Cardozo. The U.S. was a forum less explored for a Masters in such a niche branch of Law. I was lucky to have cleared a couple of more universities in the US and also in the UK, but choosing Cardozo was completely based on the faculty that was teaching IPR, at the time. So, to answer if studying in the U.S. influenced my perspective on IPR- yes, it did and it broadened my horizons and provided me the depth of knowledge  I think I would have wanted before entering this domain. I still thank my stars that I chose the right opportunity at the right time because jumping from a 5 year long hardcore litigation background to pursuing my masters in IPR, was a leap of faith that fared me well. Even at the time, I knew that unlike many, I would still want to come back to my roots – India and forge my path in Corporate world. The belief to achieve propelled me  into this unexpected adventure, of diving into the unknown, with the only clarity being that I wanted to carve my path in IPR and become a subject leader in the times to come..

    Given your focus on technology and trademarks (IP), where do you see the intersection of law and technology heading in the next decade, and what challenges or opportunities do you anticipate? 

    Technology and Trademarks have actually been going hand to hand since their inception and as such exhibit interdependency. It is only recently that collectively they grabbed the limelight around 2020, the era of technological revolution. Technology has evidently become a basic necessity of today’s time, from a mere zoom call to the most complex of workplaces function on the basis of it, every second of every day. For example, today we could anticipate and analyse the balling/ batting technique of each player in the World Cup in such great detail as compared to even 2010. At  such a time, IP is the armour to such technology, to protect it from being misused. I say IP because, it will not just be trademarks, but other aspects i.e. Copyright, Patent, Design, Data Protection too. This does open a lot of opportunities for the legal IP industry, since it is a very interesting and creative field wherein IP is needed in almost every type of work/industry. I will also not negate the fact that opportunities come with their challenges, called “misuse” by common-man and “infringement” by us. Look at Artificial Intelligence (AI), other that it gives an opportunity of profit to the industry with its sheer dynamic usage but it is also a massive threat as in many cases it essentially copies  image, work, or other IP to that nature, making it difficult to protect the privacy rights of an individual or a copyright of a literature work. That’s the charm & harm of Technology and IP. 

    Aside from your legal prowess, you’ve been part of projects representing the music and entertainment industry. How does your passion for law intersect with your interest in these creative fields, and have there been instances where your legal expertise met the world of music and entertainment in unexpected ways?

    Oh yes, that’s the beauty of IP. I have had my interest and liking for music from a young age. As we know it well, India’s entertainment industry is one of the biggest, globally. So, having to mitigate my profession with something I liked was a cake walk. It all started at Luthra and Luthra, when I was introduced to one of the biggest production houses in India leading to connecting with the who’s who of the Industry, helping protect their work rights to royalty rights, kept on webbing me into it and hit a different high note. The exciting part of this is to work around the intricacies of every part of the entertainment industry, be it the agreements before starting of film or concert to how we strategize to protect the rights of the Artists from being misused. It does keep you excitingly engaged through and through. 

    You’ve worked on a range of cases, from pharmaceutical disputes to trademark infringement. What’s the most unexpected or fascinating aspect of your work that people might not be aware of? 

    I think that would be, getting to have fun while working, which is a rarity for a lawyer. IP is a diversified as well as creative field but to derive pleasure in being an IP Lawyer is probably a luxury that you gain only if you grip it at the right moment.  Also, I love the travelling part of it, going for on-site inspection  to even meeting a client just to hear how they established their creative work, and the challenge thereafter to figure out the best way to protect the Intellectual Property rights so that credit is gained where it is due. This is one property, which is not physically present but holds a value equivalent or in some cases more than  a physical one. 

    If you could trademark one word or phrase to represent your approach to law, what would it be and why?

    “Believe! and the rest will follow”. This is in relation not just to Law but to every aspect I dealt or deal with, I think having conviction  in what you are doing and doing it thoroughly, the rest/outcome will follow exactly how you intend it to happen. 

    Beyond the courtroom, you have a diverse practice that includes advising on business transactions, licensing, and even franchising. How do you balance the structured legal world with the entrepreneurial spirit required in these areas? Also, on a lighter note, what’s your favorite way to unwind from the demands of a busy legal practice?

    These two are simply two sides of Law and each functions hand in gloves with others. For me it is like reading two subjects – one is the practical side of Law and the other is theoretical. I think this was embedded in me since School, because very few know I was a science student and we all know the “practical, lab tests” and the “theoretical/theory test” phase. I enjoyed doing it then and I enjoy giving time to both now. But yes, sometimes, the entrepreneurial/business transactional part throws you off the track because commercial goals may or may not always be in alignment with the law and that’s where the trick of the trade lies. The fun part is, finding and figuring out strategies and coming up with the best legal solution for your clients. In the end, I think that’s what I look at, the satisfaction to see your client happy and trust they bestow on you.

    Unwinding myself from law is simple for me – I am an auto-enthusiast and a swimmer, so a long drive with friends and/ or family and silent/quaint time coupled with a few laps in the pool does the job. 

    You’ve evolved from a junior associate to your current role. How has your approach to handling legal matters changed over the years, and what advice would you give to young lawyers starting their career in Intellectual Property law?

    This journey of a first-generation lawyer/junior Associate at Luthra and Luthra till today, holding the current Position as Partner has its way of teaching the ups and downs of the subject. I learnt in every step, be it basics like running with a senior holding the files, sorting out documents with the clerk, filing of a matter, to bigger responsibilities like interacting with a client to closure of a deal or securing a favourable order at the Apex court of India or, even the fun times when you get to enjoy a cold coffee in the cafeteria with your colleagues or seniors, every task  has a learning curve and added value to my professional journey. Like many experienced lawyers, even today when I enter a courtroom to argue my matter or to deal with a new client or work on a new proposition, I still find myself in the shoes of a novice professional who had just started out his journey into this black and white dominated corridors of law and it is that feeling that gives me the excitement to work on what I am diving into, and will continue to positively influence me as a professional in my years to come. We can never stop learning, can we?

    My advice to my younger colleagues will be, taste everything in the subject, and what you are really good at will automatically make space – then put in your Best into it and see the Magic. Highs & Lows will come but keeping yourself Grounded in your Highs and Centered In your Lows is what will sail you through.

    Get in touch with Amit Panigrahi-

  • “A Legal Maestro’s Journey from Army Aspirations to Intellectual Property Mastery” – Explore the expansive landscape of legal expertise, ranging from Intellectual Property Rights to general litigation, An In-Depth Conversation with Aditya Dhar, Principal Associate at Vaish Associates

    “A Legal Maestro’s Journey from Army Aspirations to Intellectual Property Mastery” – Explore the expansive landscape of legal expertise, ranging from Intellectual Property Rights to general litigation, An In-Depth Conversation with Aditya Dhar, Principal Associate at Vaish Associates

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

    Can you share a bit about what inspired you to pursue a career in law and how you ended up specializing in Intellectual Property Rights?

    As an adolescent, I was actually always inclined towards joining the army as I was fascinated with the uniform and the discipline that comes with it. I had plans to go to Rashtriya Indian Military College (RIMC) for schooling but fate had other plans and that took a backseat as I grew up. As time passed, I had a young man’s realisation that I was soft spoken but always wanted to put forth my point. Being a lawyer, I felt, would give me an opportunity to channelize this desire. Being a lawyer at that time, or so I thought, meant being aggressive. I had a different view though. I thought that if I blend two extremes I would rather grow as an individual. So to answer your questions, it was my desire to grow as an individual that inspired me to pursue law. As a first generation lawyer, I did not have anyone to look up to and follow the same path. Since my first day in this profession, I was more than happy to wear different hats and try out different fields of law. Having said that I was always interested in the litigation part of the profession because, as I said, my opportunity to grow as a person would, at least in my mind, come when I was appearing before a judge and thinking on my feet. While I was exploring different fields of law, one of my seniors in my early days, from whom I have learnt a lot, had specialization in IPR and gave me opportunities to explore the field.

    Beyond the courtroom, we hear you’re quite the legal wordsmith. What inspired you to start writing legal articles, and do you have a favorite topic you’ve covered so far?

    I was told in the beginning of my profession that litigation has three basic pillars which are drafting, research and appearance before the courts. Fromday one, I had an inclinationtowards drafting part of the profession and was always interested in writing. My seniors always pushed me to write articles as they always said that articles are the best way to reach people and educate those who are not from legal background. It is also a marketing tool. You can never pick one topic, but my idea of writing articles is focusing on the basic principles of law which are easy to understand from a layman’s point of view.

    Your expertise spans a wide range, from Intellectual Property Rights to general litigation. If you had to choose one area of law that you’re most passionate about, which would it be and why?

    I may get criticized for this but it will be unfair to choose one area of law. My passion lies where the client’s need is. If a client’s need is initiating an arbitration proceeding, I would have to go with that. If the same client wants to file a criminal complaint, it is my duty to pursue that recourse as well. But before going into different domains of law, the most important thing is to gain the trust of the client by giving the client the desired results. Having said that, it impossible to cater to every need of the client and you need to broadly identify your strengths. Since you have put the “passion” question, it would be safe to say that the commercial side of the profession whether it is a commercial suit including IPR or any branch of it like arbitration or white collar crimes interests me the most.

    Being in this profession for the last 10 years and being associated with Vaish Associates since 2018, you’ve seen the legal landscape evolve. What do you find most exciting about the current legal environment, and are there any upcoming changes you’re particularly interested in?

    Needless to say that the legal profession is ever growing. The current legal environment is more commercial driven. The advent of commercial courts act and commercial courts have proved that future is more commerce driven. However, since the world of commerce has economic advantages, the courts do not want to indulge in unnecessary litigations. For this purpose, it has become mandatory before filing a commercial case to try and settle the case by filing a pre litigation mediation application which filters out such unnecessary litigations. The courts have also been reasonable in doing away with such mediation application if the court is convinced that the case in hand is urgent and that such application would hamper justice.

    Since we are talking about the commercial era, one cannot forget about arbitration. Recently, it has been held that by the Apex Court in case of NN Global Mercantile v. Indo Unique Flame that an arbitration agreement cannot be acted upon if the stamp duty on the said agreement is not paid. This has led the parties entering into an arbitration agreement to pay the appropriate stamp duty which was many a times not paid due to N number of agreements with different parties, and if the same is not paid on the existing agreement, courts have the power to impound the agreement. However, a seven judge bench of Supreme Court is reconsidering the said judgment, wherein order is reserved and the same is awaited as on date.

    It is interesting to see that how after covid, the courts are more digital friendly. Lawyers today have the option to appear before a judge sitting in the comfort of their home. Digital courts are established for taking up cheque bouncing cases. Court filings are done digitally. Trademark hearings are conducted through VC. Having said that, one may also argue that the profession has lost its charm by being digital and attending hearings through VC.

    Your educational journey, from Apeejay School to being a first generation lawyer and becoming a Principal Associate at Vaish, is quite impressive. Along the way, were there any mentors or role models who significantly influenced your career choices or approach to law?

    I feel mentors are not just people. Even situations can be mentors to you. As far as people as mentors are concerned, I would say that there are different kinds of mentors. There may be people who unknowingly help you on the way. Sometimes difficult situations are created by difficult people, but the important thing is what you can take from those situations and learn from it and treat that situation as a learning experience. In this profession, if you are a first generation lawyer, you have to be your own mentor.

    Beyond the legal realm, what’s a passion or interest you have that might surprise people? How do you incorporate this into your life, especially during busy periods in your legal career?

    People say that I am a good singer. We had a band in my school days and I was the lead singer in that. But now it is just a hobby and a way to entertain friends and family. Besides this, whenever I get time, I love being in the mountains close to the nature.

    Finally, what advice would you give to recent law graduates who are just starting their legal careers? What lessons have you learned along the way that you believe would be valuable for them as they embark on their own journeys in law?

    Be thorough with whatever task is given to you. Remember devil lies in details. Choose your strength amongst the three pillars of legal research, drafting and court crafting and play with it. Do not take for granted the other pillars. Be soft spoken no matter what people say about how a lawyer should be. Never let anyone guess what is going on in your mind. Sincerity towards your profession and towards the task in hand can take you places. Lastly, it is important to understand that in the present world, unless you can market what you create, your creation may become useless.

    Get in touch with Aditya Dhar-

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    Get in touch with Mitali Arora

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    Get in touch with Prateek Kumar-

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    Get in touch with Vivek Vashi-

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

  • When one puts their thoughts into words, it unlocks additional dimensions of knowledge-Dr. Sudhir Raja Ravindran, Founder, Altacit Global

    When one puts their thoughts into words, it unlocks additional dimensions of knowledge-Dr. Sudhir Raja Ravindran, Founder, Altacit Global

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

    Could you please share your journey and how you ended up pursuing a career in law after obtaining degrees in both engineering and law?

    I developed an interest in law while pursuing a Master’s Degree in Engineering from the Warwick Manufacturing Group at the University of Warwick. I was studying regulations relating to automobiles and how they affect innovation, which instilled in me an interest in further exploring and understanding the functioning of legal systems through academic pursuits.

    How do you believe your background in engineering complements your expertise in law, particularly in the realm of intellectual property?

    The diverse educational backgrounds in the fields of Engineering and Law contributed to bring about a range of perspectives in the practice and application of law. This amalgamation of knowledge facilitated the development of a systematic problem-solving approach, nurtured critical thinking skills, and enhanced the ability to provide adept counsel to clients across various industries. It does also help in understanding technology and innovations and their protection under the Intellectual Property regime. 

    As the founder of Altacit Global, a leading Indian law firm, could you tell us about the key factors that led you to establish your own firm and what unique challenges you faced as an entrepreneur in the legal industry?

    The founding impetus behind the establishment of Altacit Global was to create a firm capable of delivering international-caliber services to Indian clients, while fostering a culture of ethical practices. The foremost challenge at hand was to ensure the provision of consistent services on a considerable scale and across diverse geographic locations. This challenge extended to attracting and retaining premier talent, as well as establishing a platform that could foster and acknowledge excellence within a professional work environment. By embracing technology early on and maintaining a commitment to best practices, we have successfully positioned ourselves at the forefront of the spectrum, enabling us to serve esteemed clients.

    You are a regular speaker at universities and national and international conferences. How do you balance your professional commitments with your passion for sharing knowledge and insights with others?

    Professionals in all fields amass a wealth of experience and exposure to diverse facets and issues. This knowledge typically remains within an individual and is seldom shared unless direct interaction occurs through internships, apprenticeships or employment, reminiscent of the ancient gurukul systems. The act of imparting knowledge and contributing to the society from which we have gained is the principal impetus behind authoring articles, publishing books, and speaking. Furthermore, when one puts their thoughts into words, it unlocks additional dimensions of knowledge.

    Your achievements are truly commendable, and you have been recognized as one of the 100 legal luminaries of India and top 100 IP leaders of India. 

    When someone is passionate about their pursuits and excels in them, recognition will inevitably follow. Such recognition serves as a motivating force, propelling individuals to push their boundaries and embark on unprecedented journeys, ultimately leading to a profound sense of satisfaction.

    Your book “Intellectual Property Risk Management” delves into the process of identifying, assessing, and evaluating risks associated with intellectual property. What are some common misconceptions about IP risk management, and how can organizations better understand and address these risks?

    Law is an evolving domain that continuously adapts to the prevailing social, economic, political, and technological developments. The publications “Intellectual Property and Taxation” and “IP Acquisition in India – Tax & Legal Aspects” include chapters authored by various subject matter experts, serving as quick-reference guides and starting points for navigating the intricate landscape of law and its implications on the commercial aspects of intellectual property. The intangible nature of intellectual property poses challenges for all stakeholders within the intellectual property regime. Ensuring appropriate value derivation from intellectual property requires careful attention, distinct from other forms of property.

    The publication “Intellectual Property Risk Management” aimed to elucidate the inherent risks associated with intellectual property and strategies for their mitigation. However, the time has come to release updated versions of these publications to bridge recent developments.

    Lastly, with your extensive experience in the legal and intellectual property domain, what advice would you give to fresh graduates who aspire to make a mark in the legal field and potentially pursue a career in intellectual property law?

    It is of utmost importance for lawyers to remain abreast of developments, encompassing not only the legal field but also various aspects of life, such as technology, social dynamics, economic trends, and more. Grasping the implications of the law and effectively harmonizing economic interests with those of humanity holds immense significance.

    When the process of learning comes to a halt, the growth of the lawyer also stagnates. For law students aspiring to build a career in the realm of intellectual property, which resides at the intersection of technology, law, and economics, a preparedness for perpetual and lifelong learning is imperative.

    Get in touch with Dr. Sudhir Raja Ravindran-

  • Women possess an innate ability to empathise, communicate and offer solutions to bridge gaps, which could immensely help professionals in the field of law- Suhrita Majumdar, Partner at S. MAJUMDAR & CO. , Patent & Trademark Attorneys

    Women possess an innate ability to empathise, communicate and offer solutions to bridge gaps, which could immensely help professionals in the field of law- Suhrita Majumdar, Partner at S. MAJUMDAR & CO. , Patent & Trademark Attorneys

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

    Could you share with us the journey of how you ended up pursuing a career in law and specifically in the field of Intellectual Property Rights (IPR)?

    Since childhood I aspired to become a lawyer. If I remember correctly, around the age of 14 or 15, I thought it would be most exciting to take up criminal law. Courtesy movies! However, as time progressed, I started taking interest in what my Father did. Having been in the practice of core IPR, my Father, Mr. S Majumdar, set up his firm in Kolkata, under the banner of S Majumdar & Co. at a young age.  

    Upon completion of my academics and trainings, I joined the firm in 2008 at the Head Office in Kolkata. Initially I focused on trade marks and had the liberty to expand the team, with his unwavering support. In 2011, I shifted to New Delhi to manage operations of the newly setup branch office. Since then, I have been based in New Delhi, with frequent work trips to other offices at Kolkata and Mumbai.

    Joining S. Majumdar & Co. in 2008, could you tell us about the initial challenges you faced ?

    Challenges are constant and manifold and as a professional, one has to be open to such challenges. In our practice, soon upon joining, I realised that to become a part of the team, I had to be more patient, perhaps because I was required to hear more and make my notes. Complying with internal deadlines was mandatory and it is still so. Therefore, I had to ensure that I complied with the various timelines set for each activity (including meetings, deadlines, other deliverables, or even casual lunch time chats).

    But I have realised that it is the initial challenges and how you deal with them which are critical to mould one’s outlook and also equip one to handle further challenges which come with additional responsibility entrusted to you by the firm or the client.

    Additionally, the field of IPR, especially litigation in IPR, has its own unique challenges.

    With over 15 years of experience in the field of law, could you share some interesting or memorable cases or clients that you’ve worked with?

    I take special interest in suits involving civil/criminal raids and each of them become memorable ones. Nevertheless, I can certainly not miss out on mentioning some of the worthy ones.

    Around 2009, I was fortunate to have had the opportunity to assist Mr. Majumdar in the first the then Intellectual Property Appellate Board (IPAB) case relating to staying operation of a patent. This was a dual sim mobile case, before the Customs Office, Delhi and the IPAB. In this case, the patentee managed to obtain a frivolous patent in respect of a multiple sim mobile phone. Basis such patent, he approached the Customs office for confiscating all dual sim mobile sets being imported to India by the leading mobile phone manufacturers. Consequently, all such manufacturers had to wait for a decision from the appropriate forum to ensure that such goods could be released and launched in the Indian market. The Indian Cellular Association (ICA) was actively involved in trying to provide relief to all these leading mobile manufacturers.

    Back in 2010, I was fortunate to be a part of the first GI litigation in India, concerning Darjeeling tea. The said litigation was initiated by the Tea Board of India against ITC Limited on the basis of their registered GIs including Darjeeling. The matter went on for years and was eventually decided in ITC’s favour. At the SLP stage, the Supreme Court did not get into the merits of the case and the matter was disposed of, with certain directions to the High Court.  In fact, the matter was to be decided by the Suit Court (in Calcutta) on the question of law of GI and Certification Trade Mark only, without going into a lengthy trial and examination of documents/ witnesses. The Judgement was pronounced orally by the Hon’ble Justice Sahidullah Munshi on February 2, 2018, dismissing the suit, and the lawsuit was decided in favour of ITC. The Court reiterated the findings of the interlocutory Court. The Court found that the Plaintiff’s registered GI and Certification trademarks are restricted to tea and the protection afforded by the same cannot extend to lounge services. The Court further observed that Tea Board had failed to establish a case of passing, dilution or unfair competition. The Court specifically held that Darjeeling being the name of a place cannot function as a regular trademark, and though Darjeeling may be famous for tea, Tea Board is not entitled to allege that Darjeeling cannot be used by any other traders for their own goods and services for goods/ services, other than tea.

    Referring to a couple of the recent decisions, in 2020, I was involved in a copyright infringement case concerning A Sirkar Vs B Sirkar, which was instituted before the Commercial Court, Alipore, Kolkata where about 7 jewelleries were copied in toto by the Defendants. We received favourable orders at all levels and eventually the suit was settled. This case was quite unique and interesting.   

    In another infringement case, before the Federal Court of Canada, through the local Counsels, we were successful in an infringement suit concerning the well-known trade mark AMUL. Amul was awarded damages of $10,000 for actions contrary to the Trademarks Act, $5000 for actions contrary to the Copyright Act and awarded costs of US$ 17,733, payable by the Defendants.  

    As an active participant in IPR awareness programs organized by various institutes in India, could you share some insights into the importance of raising awareness about intellectual property rights, especially in today’s digital age?

    Raising awareness has always been important considering that IPR is a powerful tool that stimulates innovation and creativity leading to economic development. It is essential that we are conscious of the efforts taken at the stage of innovation and creation, by this I mean is that before any IP is created, one has to ensure that there is no encroachment into the rights of a third party, especially in the digital age where we have access to a lot more content than before. Therefore, on the one hand, it is easy to copy and on the other, it is easy not to copy. For these reasons, awareness is important, especially amongst the younger innovators/creators, irrespective of the domain. Such discussions are always helpful, infact, in the process, we also get to learn so many new things happening around us.

    In fact, under the current regime, IPR is of very high importance, and we see a lot more happening in terms of spreading awareness, at all levels.      

    The field of law, particularly IPR, is constantly evolving. How do you stay up-to-date with the latest developments and trends in the industry to provide the best advice to your clients?

    Yes, considering that IPR is constantly evolving, it is important that we are updated with the latest decisions being passed by the various fora and follow various discussions on relevant platforms. Interacting with clients, attending various conferences, including global conferences, are important to help keep one updated with development and trends in the industry as well as the global scenario with respect to IPR. One after all needs to ensure they are able to keep pace with the rapid technological developments and in that context advise clients on the securing and enforcing of IPR.

    Recently, on August 5, SILF marked a significant milestone with the virtual inauguration of the SILF ladies group on the occasion of Lady Lawyers Day event. What is the scope of women lawyers in the profession?

    Recollecting words of Late Ruth Bader Ginsburg, “women belong in all places where decisions are being made. It shouldn’t be that women are the exception”.  

    Women possess an innate ability to empathise, communicate and offer solutions to bridge gaps, which could immensely help professionals in the field of law. Always remember, gender shouldn’t be a bar at any point in time considering that we have the same ability to deliver. In any case, irrespective of gender, the profession demands perseverance.

    I personally look up to some of the eminent lady Judges and lawyers who have greatly contributed to the profession. I also admire some in-house counsels I have personally worked with, who have been significantly contributing to the growth of the companies with their acumen.

    Referring to eminent personalities in the world of IP, Hon’ble Mrs. Justice Prabha Sridevan (Retd) and our current Hon’ble Mrs. Justice Pratibha Singh are great inspirations.  

    Hon’ble Mrs. Justice Prabha Sridevan (Retd) delivered some pathbreaking judgments during her tenure as the Chairman of the then IPAB.

    Hon’ble Mrs. Justice Pratibha Singh, with her extensive experience in IPR, has shown exemplary dedication in her judicial responsibilities. I am sure all IP practitioners acknowledge her untiring contributions to the creation of the IPD in Delhi High Court.

    Lastly, with your extensive experience and success in the legal profession, what advice would you like to give to fresh law graduates who are considering a career in IPR?

    IPR is vast and therefore, there are several opportunities available for law graduates. In fact, after having completed the IP course at the law school, one should consider IP internships to gather experience and also to see if the subject suits. Subsequently, one may choose a career in between Court and in-house practice.  

    Get in touch with Suhrita Majumdar-

  • IPR is the backbone of inventions and brand protection and with the advent of the new age economy it is becoming all the more impactful for brand protection and the building of India as a country and nation leading the economy in the times to come- Shivaarti Bajaj, Co-Founding Managing Partner at RSD Bajaj Global Law Firm

    IPR is the backbone of inventions and brand protection and with the advent of the new age economy it is becoming all the more impactful for brand protection and the building of India as a country and nation leading the economy in the times to come- Shivaarti Bajaj, Co-Founding Managing Partner at RSD Bajaj Global Law Firm

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

    Can you tell us about your journey and how did you end up becoming a lawyer specializing  in intellectual property, data protection, and emerging technologies? 

    As a person with a Masters in Biotechnology and allied Sciences, and coming from an Indian  Air Force (defence) family background, and as a first generational lawyer, pursuing law and to  build our firm has been an experience of immense learning. I have grown with the India growth  story – that if you have merit, it shall prevail with the right kind of hard work to back it.  

    Furthermore, with the guidance and mentorship of Dr. Vidya Sagar, Founding Managing  Partner, Remfry & Sagar and the Father of Intellectual Property Rights in India, being able to  absorb his teachings after being recruited directly by him in the firm, was my watershed  moment. With always a keen interest in the language of law, debates, history and a penchant  for reading, having to progress into becoming a full-fledged lawyer was a natural one post that.  It was at that moment that I realized that I can use this cross-section of knowledge of science  and law that I have generated in the field of IPR’s and technology law and thereby started  contributing to the field of law. 

    With the advent of the digital age, technology has always been at the forefront of our thought  process and while building the firm we follow the vision of being able to be advised through  quality and in-depth knowledge to the clients in the field of technology and emerging tech and  cater to the new age economy.  

    But if I have to summarize my journey till now, in one line, I would quote Robert Frost, “These  woods are lovely, dark and deep, but I have promises to keep, and miles to go before I sleep,  and miles to go before I sleep.” 

    As the Co-Founding Managing Partner at RSD Bajaj Global Law Firm, what motivated  you to establish the firm and what unique services does it offer to clients globally? 

    Our vision of establishing RSD Bajaj Global Law Firm is by way of creating an impact by  advising clients of the new age economy at legal and business strategic level.  

    The firm’s vision is principally based on the important pillars of- being a full service law firm; integrity and professionalism – which is something which we see at the cynosure of our ethics  and functioning the firm, be it within our teams or with the client’s at large; and to take the  firm global from India.  

    Being a full service law firm from India puts us in a position to advise our clients not only on  the advisory fronts on all practice area’s but also on the enforcement end of the law. This unique  ability to be on the full spectrum is something we have always envisioned at the firm and with  the amalgamation of integrity and professionalism we are keen to take it to the global forefront.  

    You have successfully advised and aided in scaling of various digital/tech start-up’s.  What key challenges do these start-up’s often face, and how do you help them overcome  those challenges?

    The firm – RSD Bajaj Global law firm – being a full service firm, from the point of view of the  capability of the firm to advise on Corporate, PE, M&A, IPR, Data privacy and litigation as  well. 

    This makes us- in terms of capability- to be able to provide our clients with an out-an-out 360  degree advisory along with enforcement capabilities within the firm itself. This we see as a  challenge which the firm is able to dwell into and solve at a level which enables us to be present  as an end to end advisory with a strong ability of enforcement.  

    Lawyers in traditional law firms do not understand how the new economy works, how their  leaders think. We have been entrepreneurs and grown with these entrepreneurs and invested  our heart and soul of theirs through process and entrepreneurship mind space. Hence, in contrast  to the traditional law firms, we see that our solutions are more suited and advice is rounded in  terms of the current business needs. At the end of the day, your product has to be good. If you  can solve difficult problem statements for clients, you are the go to person for the client. In  order to be a part of that solution, the ingredients and hence the approach both are different.  

    With your specialization in intellectual property rights and data privacy, how do you  advise clients on the intersection of IPR and business laws- particularly in the Web3.0 space and with Metaverse and NFT’s ; also with regard to the Data Privacy in the India  jurisdiction?  

    Also, since you are one of the few certified qualified patent attorney/agents in India with a  masters in Biotechnology & allied sciences, could you shed some light on the importance of  patents and trademarks in protecting innovations and brands? 

    Intellectual Property Rights as I like to call them are a right which might have not been taken  very seriously by a plethora of businesses in India in the past. However, in the present times the  vast applicability of Intellectual Property rights along with the relevance it brings to businesses  at large is gaining it’s securing place in the legal realm of all deals, innovation and brand  protection.  

    IPR is the backbone of inventions and brand protection and with the advent of the new age economy  it is becoming all the more impactful for brand protection and the building of India as a country  and nation leading the economy in the times to come.  

    In the digital phase, the next juncture will have a heavy influence of IP rights in the digital  world. With the advent of Web3.0 , Metaverse, NFT’s and digital current. In the Indian  jurisdiction, it will be rather interesting to witness and be a part of judgments, findings and  decisions that we are all set to be witnesses to in the realm of practice. For instance, in April,  the Delhi High Court, for the first time, examined NFT digital player cards and the connected  right of personality of cricket celebrities.  

    The Personal Data protection bill is also underway and the legislative bodies are touted to make  it a law anytime soon. This brings with it a more clear view of the law in terms of Data Privacy  in India and what it would mean for Indian tech companies etc. to be operating in and from  India. The right treatment of data is more of a necessity and the nuances if not followed well  can be leading to heavy penalties as by the government. 

    You were recognized as the BW Intellectual Property Lawyer of the year 2023; and the  BW Tech Lawyer of the year 2023. In addition to this you have also been accoladed with the  BW 40 under 40 lawyers in India in 2022. What do these accolades mean to you, and how  do they reflect your accomplishments in the legal field? 

    From the view of an initial reaction, I think this is a great encouragement for young lawyers in general, especially a ‘first-generational lawyer’s’ such as myself towards my contribution in the last 15+ years to the field of IPRs (Intellectual Property Rights) & Data Privacy and TMT (Technology, Media, Telecom) amongst others. As well as for my legal entrepreneurship journey of scaling a law firm, in the capacity of being the Co-Founding Managing Partner, RSD Bajaj Global Law Firm. 

    Accolade’s are always positive and uplifting, however, in this enriching profession of law whilst building a law firm from India, it is a long way to go. In the present times, a lot will be in a dynamic state with respect to the profession of law and from being an active participant and contributor to the same; and witnessing the fast pace of the changing face of the economy there is still a lot to contribute.  

    Here one cannot help but mention the extract from ‘Ulysses’ by Alfred Tennyson. Ulysses is about living life to the fullest and to constantly aim for positive movement. Ulysses’ zest “to follow knowledge like a sinking star” is something that holds great relevance in the practice of law. 

    The iconic closing line of the poem “To strive, to seek, to find, and not to yield” advocates not just the pursuit of knowledge, but also the will to do so. 

    You have also been recognised as the Chair of the Young Members Committee at the  Licensing Executives Society International (LESI), in India. Therefore, as Chair of LESI  India, what initiatives have you undertaken to support young professionals in the legal  industry? 

    As being honoured to be at the Chair of Young Members Committee in India, we along with  the inputs from our President from India, conduct various webinars and aid in knowledge  sharing across all countries to keep abreast with the changing legal landscape at large.  

    With your vast experience and achievements, what advice would you give to fresh  graduates aspiring to pursue a career in law and the legal profession? 

    Albeit the experiences that I hold come from being able to be present in the once in a lifetime change of the age and knowledge being at the centre point of the new age economy. However I always feel in a field such as the Noble profession of practice of law it will always be an uphill journey with diligence, perseverance and tenacity at its very fundamentals. This is what has mattered and will always matter as the most important accomplishment and with the learnings from seniors across all practice areas and constant guidance of senior’s always help in the learning profession such as law.

    Get in touch with Shivaarti Bajaj-

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    Get in touch with Anushkaa Arora-