Super Lawyer

Tag: IPR

  • The practitioner must give a candid and honest opinion to the best of his ability and also let the client know the probable results of anticipated or ongoing Litigation- Rahul Krishna, Advocate on Record at Supreme Court of India

    The practitioner must give a candid and honest opinion to the best of his ability and also let the client know the probable results of anticipated or ongoing Litigation- Rahul Krishna, Advocate on Record at Supreme Court of India

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

    Can you tell us about your journey and how you ended up practicing law, particularly in the areas of indirect tax cases, company law, intellectual property rights, and the Anti-Money Laundering Act?

    I gravitated towards law as a career because I felt practicing law gives you an opportunity to articulate yourself and is an intellectual challenge. Our professors back in college (Faculty of Law, Delhi University), while taking lectures and discussing case laws, would often take us to the stories of courtroom duels. Being a First Generation lawyer, I had very little exposure to the field of law. However, hearing about the Legal Luminaries and their art of advocacy fascinated me a lot. While pursuing LL.B from Law Faculty at Delhi University, the stories of its stalwart alumni further pushed me towards Litigation. I guess that’s how I ended up practicing law after my LL.B. Being a legal practitioner, in the initial years of your practice may not be monetarily rewarding, but as that is taken care of as you grow in practice, additionally, the social recognition that comes with experience is a reward in itself.

    The chamber I joined after graduation majorly had matters pertaining to Indirect Taxes and Financial Crimes. What attracted me the most about tax Statutes is that it touches practically everything and their dynamic nature. Benjamin Franklin famously said, “In this world, nothing can be said to be certain except death and taxes.”  Since Tax touches almost everything and everyone, Tax law is equally important for individuals, small businesses, MSMEs, or big enterprises. That widens the scope of practitioners of Tax law to practice before different forums for a variety of clients.

    Much is the same for corporate law, IPR, and Anti Money laundering. India, post-liberalization, has witnessed massive growth. The growing economy and greater integration with the world economy have necessitated laws to be in sync with international standards. Thus we have seen overhauls in Company law, Competition laws, the introduction of stringent Anti Money Laundering guidelines for financial/reporting entities, and an overhaul of IPR laws such as copyright, Patents, etc. Such changes have also created the need for specialist legal counsel. 

    You have extensive experience practicing before judicial and quasi-judicial authorities. Could you share some notable cases or experiences that have shaped your career as an advocate?

    The last quarter decade has seen tremendous growth in the role of Administrative Law and Quasi-judicial bodies. The Tribunalisation has opened a great many avenues for legal practitioners. Soon after I joined the Profession, I started in tribunals and before the administrative adjudicating authorities. In Tribunals, we have both Judicial Members (who are mostly Retired judges or legal practitioners) and Technical Members (those retired from Governmental departments and are no longer attached to the Government). The challenge before the Departmental adjudicating authority is that they are the serving officers of the Department itself. This raises the issue of Official Bias, which appears to be one of the biggest challenges in the adjudication process. In one of my cases, objections were raised by the Governmental Audit department with respect to the benefit of duty exemption on manufactured goods. The client had availed the said exemption, which was based on the Department’s own Notification. At the pre-Show Cause Notice Consultation stage, we furnished the authorities, precedents, and genesis of the exemption notification and the concerned law. Despite having precedents in our favor, our contentions were dismissed, and the Department went on to issue the SCN. The Original adjudicating Authority also held against us, confirming the demand. However, in a concise judgment, the Tribunal upheld our contentions and ruled in our favor. The entire process took a little over five years. That not only increased the cost of business for the client but also blocked a part of his working capital. 

    The case being adjudicated by the serving officers is a phenomenon not unique to the law related to Taxation but also pervades other statutes. Take, for example, “The Prevention of Money Laundering Act 2002 (PMLA)”; the Director of the Financial Intelligence Unit- India has the power to issue the Show Cause Notice to the Reporting entities. The Director heads the investigation and adjudicates the SCN, which is the culmination of his own investigation. The cardinal principle that no one should be a judge in his own case goes for a toss. Even in the new Goods and Service Tax Act (GST Act), as in the erstwhile Central Excise Act, the adjudication proceeding is carried by the departmental officers depending upon monetary limits, and they discharge functions in the capacity of quasi-judicial officers.

    Therefore, in the context of administrative adjudication, client counselling assumes great importance. The practitioner must give a candid and honest opinion to the best of his ability and also let the client know the probable results of anticipated or ongoing Litigation. This may help the client to decide the future course of action and be prepared for any adverse situation.

    As an Advocate on Record before the Supreme Court of India, what are the key responsibilities and challenges you face in this role?

    Practicing before the Apex court of a country is a matter of great honor and pride. But practitioners have to be mindful of the fact that they are pleading and arguing before, and sometimes against, some of the best legal minds in the country. Therefore once a year, the Supreme Court conducts an examination before enrolling an Advocate as an AOR. The examination, in addition to testing the legal understanding of the candidate, also ensures that the candidate is well-versed with the Court’s rules, practices, and procedures. But for me, the most significant duty of an advocate on record is Professional Ethics. The Apex court has frowned and has shown its discontentment with AORs who just lent their names to the pleadings without studying and verifying the same. Recently the Hon’ble Court raised concern over the indiscipline of AoRs who had filed pleadings in which derogatory remark was made about a High Court judge. Since an AOR is accountable for pleadings filed in the Apex court, he is expected to perform all due diligence. I, for example, make sure that I read every word of the draft and that the pleadings are concise and to the point. The synopsis filed along with pleadings should never be extravagant or too voluminous. Using simple language and sequential structuring of the facts and law are the main pillars of good drafting. One has to be mindful that in Fresh matters before the Supreme Court, 90 percent of the chances of getting notice issued are based on the pleadings alone. 

    Intellectual Property Rights seem to be an area of particular interest for you. How did your interest in this field develop, and how do you assist your clients in securing their intellectual property rights?

    IPR has attracted me since the days of my college. The fact that something as trivial as a Pen, an object of our daily usage, has an IP history going back more than 100 years is truly astonishing. The case laws we studied during our college days, exposed me to the novel arguments raised in the context of IPR, which were very unlike those raised in other traditional subjects.

    In fact, the first case I handled independently before the Delhi High Court dealt with the issue of Trademark infringement concerning the exhaustion of rights in parallel import cases. While researching the case, I went through several journals and articles. I specifically remember the one article written by Late Prof Shamnad Basheer, in which he examined the ambiguities in the law regarding the exhaustion of rights and Trademark infringement. These articles and case laws helped me realize the potential of issues concerning Intellectual Property Rights. Another aspect of intellectual Property that attracted me the most was the ethical aspect. The balancing of monopolistic rights and free and fair use of Intellectual Property in the face of rapid technological development is another area to watch out for.

    As for my clients, especially start-ups and freelancers, my first line of questioning is about the protection of their Intellectual Property. There are many reasons why it should be done. A simple Google search will give you a number of reasons for protecting your IP rights. 

    You mentioned your dissertation coursework on “Sports and its Interaction with the Antitrust Law.” Can you elaborate on this topic and explain the connection between sports and antitrust law?

    The origin of sports was exclusively a social phenomenon. With the increasing dominance of economics in the sporting arena, conflict with the law was only natural. One such apparent conflict we have seen the world over is the conflict between sports and antitrust laws.

    Take, for example, Sporting Bodies/Federations. We have the ruling from the Competition Commission of India that the Sporting federations are Dominant entities in terms of Section 4 of the Competition Act, 2002. Therefore the question that comes to mind is whether the restrictions or the interference with the right of staff and players to carry on their Profession will amount to ‘Abuse of their dominant position.’ 

    Since these federations enjoy power under the pyramid structure of sports governance, it gives a practical monopoly to them. However, these sports federations are unique in the sense that they are the sole players in the market and have no competition from any other quarter. One of my arguments was the concept of ‘Position of strength’ as envisaged in the definition; will it necessarily need to have another existing competitor in the market, or is it sufficient to cover a single entity in the market?

    There are other hosts of issues such as broadcasting and merchandising rights, ownership and acquisition of player’s contracts by franchises, illegal cartel behavior and collusion between sporting Franchises, anti-bidding behavior between the sporting clubs, etc. 

    We have authorities from foreign jurisdictions concerning anti-competitive practices in sports, which are almost close to 100 years old. The Competition Commission of India has also caught up with the anti-competitive activities in Sports, but there is a host of issues with sports that we may see ripening into dispute in times to come. 

    Apart from your professional endeavors, you also mentioned your interest in sports. How has your involvement in sports influenced your career as an advocate, and what lessons have you learned from it?

    I am a sports enthusiast. I like spending time on the field playing sports. I have played cricket for my school and college teams. Over the period of time as a practicing advocate, I have realized the importance of fitness and a sports-ready mind. Starting point for any good practitioner of law, like any other profession, has to be a fit mental and physical setup. Sports bring a sense of discipline, instill perseverance and resilience in a person, and teach about dealing with uncertainties in life. To that extent, sports resemble the Profession of advocacy where irrespective of the intensive preparation, on a given day; it may or may not work out for you. Even if a day doesn’t work for you, given you have a good mental and physical setup, it’s relatively easier to bounce back and be better prepared next time. 

    Could you share some insights into your role as a partner at LexAlly Advisory LLP? What motivated you to establish the firm, and what kind of Litigation and consultancy support do you provide to your clients?

    We co-founded LexAlly Advisory LLP in 2015 with a vision to bring within its umbrella both the Litigation and the Advisory/consultancy part. The law firm was essentially set up, realizing the fact that it gives me more freedom and control over my working ecosystem. We started modestly and are trying to find our way. But it gives me immense satisfaction that besides the litigation work, we have been able to advise our clients in their day-to-day legal matters. What gives us greater satisfaction is the fact of dealing with new-age entrepreneurs who are coming out with all kinds of novel issues in their business. In a short period of time, we have advised our clients on issues such as business transfer/slump sale agreements, Taxation, IPR protection, general contract management, privacy policy, etc. With a rapidly changing legal landscape, we also try to keep ourselves updated with respect to the newer business models and potential legal complications with such business models. There may be challenges of great proportion running your own shop, but it also gives you that extra independence and flexibility to deal with any legal problem, and the satisfaction that comes after a good job is a reward in itself.

    As someone with experience in providing legal consultancy to business corporations and start-ups, what are some common legal compliance issues that companies face, and how do you assist them in navigating these challenges?

    Issues with the start-ups are basically domain related. For example, an App developer may face the issues of privacy policy and data protection. Another issue may be with respect to managing the IPRs related to the source code and object code of its application. And it’s a possibility that the owner of the App or IT Programme may not be the original author of such codes. Similarly, those working on disruptive technologies may need assistance in dealing with a host of issues such as IPR, Competition law, etc. The traditional business models need assistance with respect to advisory on issues of Taxation, dealing with administrative authorities, compliances under Company law, etc. Our primary goal is to guide them, provide consultancy to such entities or individuals, and avoid possible conflicts. 

    Having practiced law for over a decade, what advice would you give to fresh graduates who are considering a career in the legal Profession? What key lessons have you learned throughout your journey that you believe would be valuable for them to know?

    Over time, I have realized that the work of a legal professional requires an analytical and objective thought process. It doesn’t matter whether he/she is working as a corporate counsel, working in a law firm, or having an independent practice. For those wanting to enter the arena of Litigation, patience and perseverance are the most essential tools. Withstanding criticism and maintaining the dignity of the Court is essential. For any new entrant in the Profession of advocacy, it is also essential to listen to those who have years of experience. I recall an interesting precept that I received early in my career. While I was arguing a case, the opposite counsel started interjecting me in a loud and unsavoury tone. Naturally, I got agitated and wandered off from the line of my argument. When the matter got over, a senior Bar member sitting in the courtroom very briefly counselled me, asking me to control my reactions, maintain composure, and give due respect to the Bench. These virtues are non-negotiable for advocates. The decorum of the Court must never be disturbed. That left an indelible mark on me. 

    A legal Practitioner shall always have the insight to learn and unlearn. There will come many occasions for a practicing advocate who might not get direct counselling or words of wisdom, but just by observing the legal ecosystem and watching court proceedings,  one can learn so much. In the world of advocacy, experience is the best teacher.

    Is there anything else you would like to share with our audience, or any final thoughts or advice you would like to leave them with?

    My only advice to young advocates wanting to make a career in law is to always be thoroughly prepared. Only enter any courtroom or client counselling with thorough preparation of facts and law. Becoming a law expert may just not be enough, but keeping oneself updated with General Knowledge and current affairs is also important, as it goes a long way in developing the intellectual understanding of a legal practitioner.

    Get in touch with Rahul Krishna-

  • Arguing a matter in court may sound and seem quite glamorous. But behind these glamor filled moments are hours and hours of hard work which of course, is behind the scene and goes unnoticed. It’s with every lawyer- Rajeshwari Hariharan, Arguing counsel, Founder of Rajeshwari & Associates

    Arguing a matter in court may sound and seem quite glamorous. But behind these glamor filled moments are hours and hours of hard work which of course, is behind the scene and goes unnoticed. It’s with every lawyer- Rajeshwari Hariharan, Arguing counsel, Founder of Rajeshwari & Associates

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

    Please  tell us about your journey and how you ended up pursuing a career in law, particularly in the field of Intellectual Property Rights?

    After college, I wanted to do medicine. But, due to some circumstances, I couldn’t do that and turned to law.  I had seen some of my father’s friends as lawyers and was curious. So I took to law and joined practice at the District court. I had exposure to many common areas of law like conveyancing, land laws, contracts, arbitration, and even medical negligence. The medical negligence case really got me hooked on law. Then I got work on some trademark cases at my senior’s chamber  (Mr Khaladkar) which lured me into the area of intellectual property law. Because IP was not so well known in District Courts, we came to Delhi to explore and understand this area bit better.  

    I realised that there are lawyers who specialise just in intellectual property law. As a green horn I wanted to absorb every bit of work that came my way – be it a trademark matter or any other. Eventually, I joined K&S Partners where I had the good fortune to work on very interesting matters including the Basmati patent revocation, turmeric patent revocation, neem patent revocation, etc. My knowledge in sciences came in handy in patent matters, be it drafting or developing arguments in court. So it was reinforced that IPR was the way to do it. 

    Soon in 2008-09 I set up my own practice. I then had the occasion to work on various important matters including the first ever compulsory licence that was granted in India by the Patent office. I continue to work on patent and other intellectual property matters and with new technologies, I think there will be many more opportunities for us to assist the court and  development of law. It has been a very interesting journey and I really cherish every moment. 

    With a background in biotechnology, what led you to specialize in Intellectual Property Rights? Was there a specific experience or event that sparked your interest in this field?

    As I mentioned, my initial  years of practice were focussed on general law. It was deliberate, as I felt that one should first build a sound fundamental platform and from thereon, one can expand and deep dive into any specific area of your liking. That’s how I did a myriad of matters including cases relating to Urban Land Ceiling Act, banking, arbitration, conveyancing, medical negligence etc. All this made me look at different areas and open up new vistas. But I always wanted to use my science background and was looking for an appropriate area where I could put this to use. My senior’s chamber had some cases on medical negligence which were very interesting. In fact, there was a suit for damages against a doctor which was filed and it was my science background that helped us make comprehensive and incisive arguments that impressed the court and finally led to dismissal of the suit. Then we got a couple of patent matters – where again I had the occasion to assist the court with my technical knowledge. We won that matter also.  All this fortified my belief that IPR is an area where my science background would inevitably be my Ace card and this area is what I should specialise in. Back then in 1995-96, generalisation was the trend and specialisation rarity. But the more I read about Intellectual property, the more I fell in love with the subject. And the love affair continues till date. Even today, I think, all that I know is just a tip of the iceberg. There is an undiscovered ocean and even a lifetime is not enough to master this infinite ocean of knowledge. You may say I was lured into IPR practice. 

    You founded Rajeshwari & Associates, a full-service IPR law firm specializing in various areas. What motivated you to start your own firm, and what were some of the challenges you faced during the initial years?

    I was always taught that law is a service, a profession where one has ample occasions to serve the public at large. And I have experienced it first-hand. We had a case relating to a land dispute (partition dispute) and our client was a farmer from Aurangabad. He would dutifully come on each day of argument, sit at the chamber with folded hands and hope that we would be able to argue and win his case. He knew he has contributing nothing in terms of law- but that was his way of expressing his moral support to us. 

    Eventually, we won the case for him at the District Court. He was so elated, so happy  that tears welled up in his eyes and he fell at the feet of my senior. We were literally “gods” for him!!!

    Our whole chamber of 15 lawyers had worked day and night to research and develop arguments for his case. When we won the case and saw the expression on this man’s face, we as young lawyers felt a deep sense of satisfaction, a sense that we did something that impacted someone’s life positively. I cannot tell you the joy that we felt or express in words the feeling that we had. All our gruelling days of hard labour, the slavery, the torture by my senior just vanished with this one expression. 

    A week later he returned with two sacks full of potatoes and rice. That was the client’s way of paying the fee for the case. My senior also accepted it with grace and did not ask anything at all. Nothing was spoken but both knew what was going on. 

    This again reinforced that we actually did something good and our work was not academic. There were many such instances that had left an indelible mark and resulted in a firm resolve, that one day, I will have my own chamber where I will serve such clients and witness the happiness on their face.  That is why, after serving in a law firm for many years, I started my own practice where I have complete freedom to decide which matters I should take up, when and how. I only wish I had done this much earlier. 

    Over the course of your career, you have achieved significant milestones in the field of IPR, including winning the first ever compulsory license for Natco and litigating the Glivec battle up to the Supreme Court. Can you share some insights into these landmark cases and the impact they had on the Indian patent landscape?

    Both these cases that you mention have had a socio-economic impact. First – the compulsory licence case. That case was one where I and every one in my team had worked for days on end researching, strategizing, going back to the drawing board again and again. And of course, with the firm backing from our client Natco, we could make it. Our client’s mission was to make a life saving drug (sorafenib) available to the common man- to save a liver cancer patient from immediate death and extend his life by several months. It was about a big pharma abrogating to itself the right to choose who would live and who would die. The mission was so huge that we couldn’t help identifying ourselves with it and acting as catalysts. The case had its own share of challenges- like how to prove that the drug sorafenib sold at Rs. 2,80,000 by Bayer is not affordable ? There was no published article that profiles and analyses the income of liver cancer patients. So, we did a survey of such patients. 

    Then, came the simultaneous suit for infringement, and our counter-claim. The court in the infringement suit asked how we could argue that the patent is invalid and at the same time, ask for compulsory licence. The answer lay in the Patents Act itself – which carves out no exception as to who can challenge the validity of a patent and provides that non-challenge clauses in agreements are bad. Case law such as Lear vs Adkins (US) came to our assistance. 

    Then came the arguments before the Controller General – I was opposite a Senior Advocate Sudhir Chandra and he was at his shrillest best. Though I may not have matched the pitch in terms of decibels or stature, me and my team had worked equally hard  to present a compelling case for grant of Compulsory licence which was ultimately upheld by the IPAB, the Bombay High Court and Supreme Court. 

    The Glivec case was also a device of strategy, strong technical arguments and arguments of public interest. Here, Novartis had been granted the first ever Exclusive Marketing Rights (EMR) under the Patents (amendment) Act 2002. Basis this, they were rightly granted injunction by the Madras High Court against certain parties. We challenged the EMR at the Delhi High Court on the ground that it was granted without hearing the affected parties, and without due notice. Novartis immediately filed a suit at the High Court of Bombay, being armed with the Madras High Court order. Our client was naturally jolted. I was told by my colleagues that its no use fighting the suit at the Bombay High court who is bound to grant injunction in view of the Madras High Court order. However, I was hopeful. We argued many issues including public interest. In fact public interest was a very strong argument in the facts of that case – the drug imatinib mesylate was to be given to CML (blood cancer) patients who were in their final stage. The cost of the drug as sold by Novartis was Rs. 1,10,00/- per month as compared to Rs. 6000-8000 of our client. We cited case law from the UK and other countries and argued various aspects of public interest. The court ultimately refused the injunction, and the primary basis is public interest. The judgement is reported as ‘Novartis Vs Meher Pharma’. 

    There was also the opposition to the patent application for polymorphic form of imatinib mesylate which opposition was allowed by the Patent office on the ground that the invention lacked novelty, inventive step and failed on the ground of section 3(d). This was one of the first ever cases where the Patent office had the occasion to explore section 3(d) and due to lack of therapeutic efficacy rejected the application. This was upheld by the High Court and Supreme Court. 

    Both are cases etched in my memory. Both are cases that have actually helped cancer patients. Something I have always wanted to do.    The Glivec case is also important for the reason that it interpreted the scope of section 3(d) and it is that interpretation that we follow till date. The CL case had interpreted the CL related provisions of compulsory licence that were hitherto considered ‘academic’ and near impossible to achieve.

    As an arguing counsel at the High Court of Delhi and the Supreme Court of India, you have represented clients in patent and other litigations. What are some of the unique challenges and opportunities you encounter when arguing before these higher courts?

    It is a very interesting and challenging life as an arguing counsel. Firstly, we argue matters on the basis of instructions from the instructing lawyers and basis their briefs. Sometimes their pleading lacks some of the most basic or crucial points that one may need for arguments. But still, we have to make do, plaster the pleading and make out a good case. Second, many times, the briefing counsel is not up to-date with the latest developments in law – resulting therefore in bad planning or taking incorrect steps or filing unwanted applications which may get rejected by the court. Obviously, the instructing counsel and more so -the client are puzzled as to what happened with the outcome. Third, I find that people just show clients a rosy garden which is bit different from real life. So again when I tell them that their case has certain flaws, they are not very happy. Fourth,  some people feel that once a brief is handed over to a senior, their job is over- it is actually the start of the process. As a result, our team has run the extra mile to make sure we have all the tools and ammunition to do well in the court. 

    Arguing a matter in court may sound and seem quite glamorous. But behind these glamor filled moments are hours and hours of hard work which of course, is behind the scene and goes unnoticed. It’s with every lawyer. 

    But at the end of the day, if we achieve a good outcome, every midnight oil burnt is worth it and we will do it a hundred times over. 

    You have been recognized as a visionary in the domain of Intellectual Property Rights. How do you stay updated with the latest trends and dynamics shaping the intellectual property landscape, especially in developing nations?

    It is very important to stay updated not only with cases of Indian courts but also of courts in other countries as it gives an idea of the trend. It also gives an insight into what was argued and how the argument was received by the court. So I try and keep case-law reading for weekends or anytime that I find free. I don’t like to waste time and I try to utilise in catching up with case law or technology. The only way to stay updated is to allocate time and in disciplined manner keep reading. I also get invited to do podcasts or talks at various places on various subjects – that also keeps me on my feet. Sometimes we have discussions with groups. All this helps. But self-reading and staying updated is indispensable.

    As a TEDx speaker, what was the topic of your talk, and why is it important for you to share your insights and knowledge through platforms like TEDx?

    I am a follower of TED talks and have been greatly inspired by these talks. I was very excited to be invited to give a TEDx talk. 

    So I thought, I should speak on a topic that would be helpful to one and all- courage and conviction, Its about having the courage to pursue your path despite the negative talk around, despite the discouragement. I think in life as well in any profession, there is a need to pursue your objective or goal with all your might, complete perseverance and passion. There will be obstacles but if you are determined, nothing can stop you. But the determination must be strong and unshakable.  

    We have been taught these principles and most of us do apply them in our daily lives and surely do practice them. But it is important to keep reminding ourselves of these principles from time to time so that we stick to the chosen path and don’t deviate. And what better example than our own experiences. 

    With burgeoning information on the internet, today’s youth wants to do something, but is often confused or even discouraged if they do not instant success like instant Maggi. 

    Hence I talked about my experience, about how I had debilitating injuries and despite that, I managed to survive and move on, rather than mourn over what was lost. I felt that if I could inspire at least one person, I can say, it’s a good beginning. 

    You have authored several articles and are a regular speaker at conferences and seminars. Can you share some of the key messages you aim to convey through your writings and speaking engagements?

    I have been writing since a very young age. Most of my speaking assignments at conferences and seminars are IPR or other legal topic oriented. Hence through these sessions, I try to spread knowledge – the knowledge that I have gained so far. I think that people attending any session on any topic should find it a good investment of time and effort- and as trainers or speakers it is our responsibility to ensure that their time is well spent. So I usually prepare and try to ensure that whatever topic I speak on throws some new perspectives and the audience is able to gain knowledge. Knowledge is gained by spreading not by keeping it locked. 

    Recently, I have authored a chapter on Trade Secrets and it is published by Chambers in 2023. You will find the link at https://practiceguides.chambers.com/practice-guides/trade-secrets-2023/india/trends-and-developments. The chapter summarises the position in India regarding trade secrets. It gives an insight into the existing law and the remedies available within the current framework. 

    Surely, with technical progress, everyone would be impacted especially companies and institutions. Its high time we enact a comprehensive law on trade secrets and law should protect confidential information in whatever shape and form. Right now, we have several judicial precedents to protect confidential information. While we are quite successful in protecting breaches of confidentiality by employees, it is always helpful to have a legislation as it imposes confidence in business owners and enables framing of appropriate policies to protect such information. 

    With your vast experience in the field of IPR, what advice would you give to fresh graduates who are aspiring to pursue a career in law, particularly in the domain of Intellectual Property Rights?

    For fresh law graduates, I would advise that they should initially try all kinds of practice areas. Gain knowledge and not look for instant money. This is a profession not a money spinning business where one expects ROI from day one or year one. It’s a profession, a service to the public. Money will come, slowly but surely. Knowledge is king. 

    So one should practice in lower courts, gain experience in courts, tribunals, working or training with solicitors as well as in-house counsels and having gained a general perspective, then, make up your mind whether you want to do litigation or something else. Its each for himself. In this profession, hard work is the only currency that may get you somewhere. There no short-cuts; so one has to have patience and keep working at it. You would attain your gaol sooner or later. If you choose litigation, it is surely a hard life. Even a solicitor’s life is not as simple as you think – every field will have its own twisted path. But one has to enjoy the process, enjoy the profession, satisfy yourself with the happiness and smile that you may bring on someone’s face. That’s the glory and gold coins this profession offers.

    Get in touch with Rajeshwari Hariharan-

  • By fostering open and transparent communication, I strive to establish a collaborative environment that promotes constructive dialogue and a mutual understanding of the parties’ needs- Ashutosh Shekhar Paarcha, Government Counsel, State of Rajasthan

    By fostering open and transparent communication, I strive to establish a collaborative environment that promotes constructive dialogue and a mutual understanding of the parties’ needs- Ashutosh Shekhar Paarcha, Government Counsel, State of Rajasthan

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

    Sir, please tell us about your journey and how you ended up pursuing a career in law after graduating from the National Law School of India University?

    After graduating from the National Law School of India University, my journey in the field of law has been both fulfilling and exciting. I always had a deep interest in understanding legal systems and advocating for justice, which led me to pursue a career in law.

    During my time at the National Law School, I had the opportunity to study under renowned professors and engage in stimulating academic discussions. The rigorous curriculum and practical exposure provided me with a strong foundation in various aspects of law, including constitutional law, criminal law, corporate law, and international law, as well as developing skills like negotiating contracts, legal research, etc.

    During my internships at the Trial Courts and High Court of Delhi, I realized that the law taught to us in college, is different in terms of practice in Courts like procedure, evidence, etc. Therefore, following my graduation, I began my professional journey by joining a boutique litigation law firm, where I started as an associate. This experience allowed me to work on a wide range of legal matters, including litigation, contract drafting, due diligence, and legal research. I had the opportunity to collaborate with seasoned lawyers and gain valuable insights into the intricacies of the legal profession.

    While practicing at the law firm, I developed a particular interest in litigation and advocacy. This passion drove me to transition into a litigation-focused role, where I had the opportunity to represent clients in court, present arguments, and analyze complex legal issues. This phase of my career allowed me to refine my legal skills and develop a deep understanding of courtroom dynamics.

    Over the years, I have had the privilege of working in both litigation and corporate legal, being in-house counsel to various MNCs. I have also had the privilege to work in domestic as well as international markets and with the diversity of not only strictly legal, but also public policy, advocacy, etc.

    In addition to my professional work, I have also been actively involved in pro bono initiatives, providing legal aid to underprivileged individuals and contributing to social justice causes. This aspect of my career has been immensely rewarding, allowing me to use my legal skills to make a positive impact on society.

    Overall, my journey in law has been a result of my passion for justice, a drive to make a positive impact, and a constant commitment to enhancing my legal knowledge and skills. I am grateful for the opportunities I have had and look forward to continuing my journey as a legal professional.

    You have had a diverse range of experiences in both litigation and in-house legal roles. Could you share some key highlights or significant cases that have shaped your career so far?

    Throughout my career, I have had the privilege of working on various significant cases and handling crucial legal matters, which have personally challenged me and were exciting projects. It is difficult to pin-point a couple here. 

    But generally speaking there have been cases in litigation both criminal and civil where you may arrive at a point when you think you have no case or no argument and then one needs to take a step back and think a little outside of the box and develop an argument. I think that is the least we owe to our client, to give more than our 100%. And when the Judge appreciates your argument and the fact you were able to find the point, that feeling is pure ecstatic. And frankly, I think it’s that feeling that pushes us to keep doing better in litigation.

    Similarly, as an in-house counsel, I have been working with commercial transactional agreements, international or domestic, sometimes not only closing the agreement, which itself becomes a task, but also providing other solutions to get the maximum output from the deal. For example, bypassing domestic and international tax laws, corporate structuring of the deal, exposure to the least risk possible, etc. 

    These are just a few highlights from my career so far. Each experience has contributed to my professional growth, deepened my understanding of various legal domains, and reinforced the importance of being up-to-date with the laws, effective advocacy, strategic thinking, and meticulous attention to detail. 

    As the Director of Legal & Business Development at Indian Reprographic Rights Organisation (IRRO), you gained experience with international laws and commercial transactions. How did this role contribute to your professional growth, and what were some of the challenges you faced?

    As Director, at the Indian Reprographic Rights Organisation (IRRO), my role was basically spear-heading the Organization. It involved working on domestic and international laws and commercial transactions, which significantly contributed to my professional growth. It was basically a Non-profit think-tank which worked towards helping shape the IPR policy and provide the government with inputs.

    As it was the first time I was working in this kind of Organisation, the challenges were infinite. It was basically like working in a start-up. The team, initially, was small. I had to be responsible for all the decisions that were taken. Challenges like micro-managing everything, realizing that no one has heard of the Organisation, working with limited funds, government red-tape and diktat, FERA & FEMA regulations, etc. However, once you grasp your way around things, it becomes easy and the experience I gathered was amazing.

    It helped me grow as it provided me with international Exposure. Working on international laws and transactions exposed me to different legal systems, regulations, and business practices. It broadened my understanding of how laws operate in various jurisdictions, enabling me to navigate cross-border legal issues more effectively. It improved my contract negotiation and drafting skills. It provided me with insights regarding compliance with regulations.

    Overall, my role at IRRO provided me with invaluable experience in international laws, commercial transactions, copyright education, and stakeholder management. It enhanced my legal expertise, honed my negotiation skills, and deepened my understanding of the complexities of intellectual property rights. The challenges I faced, such as compliance complexities and managing diverse stakeholders, reinforced the importance of adaptability, strategic thinking, and effective communication in addressing multifaceted legal and business issues.

    In your role as General Manager – Legal for Franchise India Group of Companies, you headed the legal team and dealt with policy and advocacy matters. Can you elaborate on the challenges you encountered and the strategies you implemented to ensure legal compliance while supporting the growth of the conglomerate?

    As the General Manager – Legal for Franchise India Group of Companies, I was basically their Global Legal Head as Franchise India is an MNC with offices in 6 Countries and business almost everywhere in the world. My experience was different as the setup here was quite elaborate vis-a vis my previous Organisation. It had its own perks but its own challenges too. 

    A major challenge that I came across was that I have always been an individual contributor. While I did lead a decent team in my previous Organisation, being completely able to delegate work to someone who you have never worked with before, was tough for me. However, it took me a bit of time but that was the easiest of the challenges. 

    The more difficult challenges were dealing with multi-faceted legal compliance. The conglomerate operated in various industries, each with its own set of regulations and compliance requirements. Ensuring legal compliance across all sectors was a significant challenge. To tackle this, I developed a robust compliance management system that involved conducting regular audits, creating compliance manuals, and implementing training programs to educate employees about legal obligations. I also established strong relationships with regulatory agencies to stay updated on regulatory changes and engage in proactive compliance measures.

    Policy and Advocacy: Dealing with policy and advocacy matters required a comprehensive understanding of the legal and regulatory landscape. I closely monitored legislative developments, engaged with industry associations, and actively participated in policy discussions. I collaborated with internal stakeholders to develop and advocate for favorable policies that supported the conglomerate’s growth objectives while ensuring compliance with applicable laws and regulations.

    Contract Management: Since international agreements were a major part of the organization, it brought along the need to have knowledge of international laws and their domestic laws as well. The conglomerate engaged in a wide range of contracts, including lease and license agreements, strategic partnerships, service agreements, and distribution agreements. Managing and negotiating these contracts while safeguarding the conglomerate’s interests was a critical responsibility. I implemented standardized contract templates, streamlined contract review processes, and provided training to internal teams on contract negotiation and risk assessment. This ensured consistency, minimized legal risks, and expedited contract closures. Many times, there were language barriers too but I feel as long as both parties want to enter into an agreement, in good faith, challenges can be worked upon.

    In summary, my strategies focused on proactive compliance management, policy advocacy, efficient contract management, stakeholder engagement, risk mitigation, and effective dispute resolution. By addressing these challenges, I contributed to the conglomerate’s growth while ensuring legal compliance and minimizing legal risks.

    As the Legal Head for Medicover Group of Hospitals in India, you were involved in various acquisition and merger agreements, as well as corporate structuring. How did you navigate the complexities of these transactions, and what role did you play in ensuring smooth operations for the organization?

    When I joined Medicover, the biggest challenge was COVID-19. I joined the organization at the brink of COVID and the times were tough. The challenges began right away being employee issues as people didn’t want to come to hospitals to work. Although the Organisation was great and swiftly provided all the protective gear and things to employees, it was still difficult for people as no one knew about the virus and the magnitude of it.

    For smooth operations, I relied on the experience I have gathered till date. Before engaging in any acquisition or merger, conducting comprehensive due diligence was crucial. I oversaw the due diligence process, which involved analyzing legal, financial, and operational aspects of the target entities. By identifying potential risks, liabilities, and regulatory compliance issues, I provided valuable insights to the management, enabling them to make informed decisions.

    Secondly, Structuring Transactions. Each acquisition and merger presented unique considerations, such as regulatory compliance, taxation implications, and integration of operations. I worked closely with internal stakeholders, external advisors, and management to develop the most suitable transaction structures. This involved assessing legal and regulatory requirements, drafting and negotiating agreements, and ensuring compliance with applicable laws.

    Thirdly, Contract Negotiation and Drafting. This was comparatively easy as I have been doing this throughout my career and hence played a key role in negotiating and drafting acquisition and merger agreements. I ensured that the terms and conditions were favorable to Medicover Group while protecting its interests. This involved collaborating with the business and finance teams to identify key deal points, conducting negotiations with the counterparty, and drafting agreements that clearly defined rights, obligations, and protections. Throughout the acquisition and merger process, I identified and managed legal and operational risks. This included conducting risk assessments, implementing risk mitigation strategies, and advising the management on potential risks associated with the transactions. By proactively addressing risks, I helped safeguard Medicover Group’s interests and ensured the smooth functioning of the organization.

    Fourthly, Regulatory Compliance. Healthcare is a highly regulated sector, and compliance with various laws and regulations was critical for smooth operations. I worked closely with regulatory authorities, such as state and national governments and healthcare regulatory agencies, to ensure compliance with licensing, permits, and other regulatory requirements. I also advised internal teams on healthcare-specific regulations, including those related to patient privacy, medical ethics, and quality standards.

    Lastly, Integration and Post-Merger Activities. After completing an acquisition or merger, integrating the acquired entities into the Medicover Group was crucial for seamless operations. I collaborated with cross-functional teams to harmonize processes, systems, and policies. This involved managing legal aspects of employee transfers, aligning corporate governance structures, and ensuring compliance with Medicover Group’s policies and procedures.

    Overall, although my stint was short with Medicover, it provided me with immense experience and the Management was amazing. The healthcare industry is quite fast paced and there are multiple issues everyday being compliance issues, litigations, licenses, adherence to govt. notifications (due to COVID), etc. My CEO trusted me with almost everything and relied on my expertise and advice and didn’t micro-manage. Medicover provided me with great exposure into a new industry with both domestic and international issues to be dealt with.

    Throughout your career, you have gained extensive experience in contract drafting, negotiation, and management. What are some key strategies or approaches you employ when dealing with complex contracts or negotiations?

    When dealing with complex contracts or negotiations, I employ several key strategies and approaches to ensure effective outcomes. Here are some of the techniques I use:

    Thorough Understanding of the Subject Matter: Before entering into any contract or negotiation, I make sure to develop a deep understanding of the subject matter. This involves conducting comprehensive research, studying relevant laws and regulations, and familiarizing myself with the industry practices and standards. This enables me to identify key issues, anticipate potential challenges, and negotiate from a position of knowledge and strength.

    Clear Communication and Active Listening: Effective communication is essential during contract negotiations. I focus on clearly articulating my client’s objectives and requirements, while also actively listening to the counterparty’s concerns and interests. By fostering open and transparent communication, I strive to establish a collaborative environment that promotes constructive dialogue and a mutual understanding of the parties’ needs.

    Preparation and Planning: Adequate preparation is crucial for successful contract negotiations. I thoroughly review all relevant documentation, including the contract terms, supporting materials, and any applicable laws or regulations. This enables me to anticipate potential issues, identify potential areas of compromise, and develop a well-rounded negotiation strategy. I also establish clear objectives and priorities, ensuring that my client’s interests are protected while seeking mutually beneficial solutions.

    Building Relationships and Trust: Building trust and rapport with the counterparty is instrumental in reaching favorable outcomes. I strive to establish a professional and respectful relationship based on trust, integrity, and transparency. This can involve engaging in small talk, finding common ground, and demonstrating a genuine interest in understanding the counterparty’s perspective. By fostering a positive rapport, I create a conducive environment for finding common ground and resolving disagreements.

    Flexibility and Creativity: Complex contracts or negotiations often require flexibility and creative problem-solving. I approach negotiations with an open mind, exploring alternative solutions and considering various options. This allows me to think outside the box and propose innovative approaches that meet both parties’ interests. I am willing to consider different perspectives, explore compromise, and find win-win solutions whenever possible.

    Documenting Agreements and Managing Risks: Once an agreement is reached, I ensure that it is clearly documented in a comprehensive and enforceable contract. This involves carefully drafting the contract terms, considering potential future scenarios, and addressing any legal or business risks. I pay close attention to detail, ensuring that all relevant provisions are included and accurately reflect the parties’ intentions. By addressing potential risks in the contract, I help safeguard my client’s interests and mitigate future disputes.

    Continuous Learning and Adaptation: The legal landscape and business environments are constantly evolving. I prioritize continuous learning, staying updated on industry trends, legal developments, and best practices in contract negotiation and management. This enables me to adapt my strategies and approaches to the specific context and leverage new insights and techniques.

    By employing these strategies, I aim to facilitate effective contract negotiations, foster positive relationships, and achieve optimal outcomes for my clients.

    As someone with a successful legal career, what advice would you give to fresh graduates who are starting their journey in the field of law? Are there any particular skills or qualities they should focus on developing?

    Frankly, I don’t think that I am successful enough yet to give advice to other people. However, the few kids I mentor or if someone reaches out to me on LinkedIn for advice and how to proceed in their legal career after college, I just tell them a few things. Firstly, if its clear to you that you want to choose any specific field, that’s great. But if you are not clear, that works fine too. 

    For eg; some students are clear that they want to do only litigation. However, many first-generation lawyers like myself are not sure what to choose and how to go about it and of course there is lack of guidance. My suggestion is to try everything. Being a litigator has its own perks, but being in-house counsel is also great. It is only after trying things one can be sure if they like it or not. 

    The one thing non-negotiable is hard work. You must be willing to put in the hours with dedication. Smart work will only take to a certain level but hard work will always pay off in the long run.

    You have written articles and provided opinions on various legal issues, such as copyright, education policy, and IT rules. How do you balance your professional commitments with your passion for writing and contributing to legal discourse?

    To be fair, it is extremely challenging and hence I haven’t been able to publish more articles. However, I believe that engaging in legal writing and sharing my perspectives on important legal issues allows me to contribute to the broader legal community and promote meaningful discussions.

    I must attribute some credit to NLS for this. The curriculum is so intense, it makes you respect deadlines and provide your best work in the shortest time. To manage this balance, I allocate dedicated time for writing and research outside of my professional commitments. I stay updated on legal developments, both through my work and personal research, which helps me identify relevant topics to write about. By effectively managing my time and prioritizing my commitments, I ensure that I can devote sufficient attention to both my professional work and my passion for writing. It requires discipline and careful planning, but the opportunity to contribute to legal discourse and make a positive impact on the field makes it all worthwhile.

    Lastly, what are your future aspirations and goals within the legal field? Is there a particular area or cause that you are passionate about and would like to focus on in the coming years?

    In the future, I aspire to continue growing and excelling in the legal field while making a positive impact. I am passionate about various areas within the legal field, including intellectual property rights, technology law, E-commerce and corporate governance.

    One of my key goals is to contribute to the development and implementation of legal frameworks that promote innovation, protect intellectual property, and foster a fair and sustainable business environment. I am particularly interested in the intersection of law and technology, and I aim to stay at the forefront of emerging legal issues in areas such as data privacy, artificial intelligence, and digital rights. To keep myself updated with these, I try to take up courses available.

    Additionally, I am committed to advocating for access to justice and promoting legal awareness among marginalized communities. I believe in the power of legal education and empowerment to bring about positive social change. In furtherance of this cause, I volunteer with a couple of NGOs which work towards prevention of Human Rights. I am generally open to other causes as well and people reach out to me on LinkedIn for advice.

    In the coming years, I intend to deepen my expertise and provide my services to the clients. Apart from litigation, I am deeply interested in IPR Licensing, Financial Services & Insurance, Fin-tech, E-Commerce industries. I would love to work in these sectors and collaborate with organizations and stakeholders to drive legal reforms.

  • From the clothes we wear to the recipes of food we eat, IP forms a part of anything and everything that revolves around us on a daily basis- Arpit Jain, Founder at Lawdroit

    From the clothes we wear to the recipes of food we eat, IP forms a part of anything and everything that revolves around us on a daily basis- Arpit Jain, Founder at Lawdroit

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

    Sir, can you tell us a little bit about yourself and how you became interested in law?

    I describe myself as a person on the prowl for learning new things. Even when I was pursuing Engineering, I always had an eye out for the latest developments in the law. Subsequently, I completed a course to feed my curiosity in Cyber Law then got my law degree followed by a Master’s degree and, ever since, have not looked back.

    What inspired you to focus on trademark, copyright, design and patent law, and what do you find most rewarding about it?

    My inspiration is derived from the omnipresent nature of Intellectual Property. From the clothes we wear to the recipes of food we eat, IP forms a part of anything and everything that revolves around us on a daily basis. If that is not inspiration, then what is? The most rewarding factor of IP is the never-ending brain-racking challenges the clients present in continual. To fit their ideas into the right mould in IP and the same reaching to fruition is what being rewarded truly means to me.

    Could you describe your experience as a founder of Lawdroit and the types of cases you handle there?

    LawDroit is a dynamic law firm. I established it with the motive of “IP under one roof,” and that is what I have aimed for. I started off with India-based clients, the work involves IP prosecution to litigation, and now with the help of my team have slowly expanded into International arenas as well. The experience has been nothing short of a roller-coaster ride, but when you love what you do, the low lows are a teaching point rather than a despondent experience.

    How do you advise clients on the registrability of trademarks, and what factors do you consider when conducting trademark clearance searches?

    All my work experience has taught me is that the trademark clearance search forms the ground norm of any brand. I usually assess a trademark based on how unique it is for the perceiving public. The questions I ask myself while conducting a search involve the risk of confusion, availability in the Trade Mark Office register, and whether a prior party exists, which can later turn into a red flag.

    How do you approach opposition proceedings, and what strategies have you found to be most effective?

    The most effective strategy is gauging the interest and capabilities of the other party. Before commencing an opposition proceeding, I make sure to assess how my client’s rights in the conflicting trademark are getting affected and what is the severity of such an infringement. The strategies revolve around honest concurrent use or acquired statutory or common-law rights.

    What do you think are the biggest challenges facing intellectual property law in today’s global economy?

    The first and foremost challenge I can put my finger on is the lack of knowledge. The unawareness of the aspects or the prospects that surround IP. I have come across various instances where a client wishes to safeguard a particular design but has already released it in the public domain, which makes it outrightly impossible to protect such nuances that can easily be avoided with proper awareness.

    You mentioned that you will be appearing for the Barrister and Solicitor exam in Canada later this year. What motivated you to pursue this additional qualification?

    I embarked on this journey a while ago, and additional qualifications never hurt. My only motivation, as also stated above that we are now expanding our clientele internationally, and this step was taken to embark on more projects with primary knowledge of the Canadian law of the land.

    Finally, what advice would you give to fresh graduates who are interested in pursuing a career in law, particularly in the area of intellectual property?

    My advice is two-fold. First, do not be dependent on someone to come and spoon-feed you the procedures and the law. In today’s internet era, when there is a never-ending cluster of knowledge, embrace that and read. Secondly, do not shy away from asking questions during internships and do not decide on a particular field too early. Explore a little and circle back to what floats your boat and will continue to float your boat 30 years down the line as well.

    Get in touch with Arpit Jain-

  • Since a patent is generally applied for an invention which is novel and inventive in nature, it is very important for a patent lawyer to be well-versed with technology-Chinthan Japhet, Associate Partner- Intellectual Property, Krishnamurthy & co. (K Law)

    Since a patent is generally applied for an invention which is novel and inventive in nature, it is very important for a patent lawyer to be well-versed with technology-Chinthan Japhet, Associate Partner- Intellectual Property, Krishnamurthy & co. (K Law)

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

    To start this conversation, please tell us about how you ended up pursuing law after pursuing B. Tech. What made you switch your profession from an engineer to a lawyer?

    Indian families continue to express an undue preference for careers in engineering and medicine, to the exclusion of all else. Fortunately, for me, I had a natural inclination towards the sciences and technology and did not in the least bit mind the push towards engineering. However, the decision to then forsake a reputed job in engineering for something as alien as patent law is not something that went down very easily with my family. After a prolonged debate with them, I was able to convince them that their ideas of law and its potential for social change and empowerment influenced me considerably. And that the best way for me to marry my interest in law with engineering was through patent law, a rather specialized field of law that was gaining prominence in India. I consider myself blessed to have found my niche so early in life without much experimentation.

    What was your motivation behind pursuing LLM with a specialization in IPR from USA?

    After having gained sufficient work experience on Indian patent law by working in a reputed IP boutique law firm in Mumbai, I wanted to increase my range of knowledge on patent law of other jurisdictions as well. U.S.A was my first option , since I was intrigued with the advanced patent law system there. It is also very important for a patent lawyer to have knowledge of the patent practice across various jurisdictions. As an example, an Indian patent lawyer is required to be abreast with patent practices across jurisdictions such as the US, Europe, Japan, etc, since a lot of Indian tech companies have international presence in these jurisdictions. In order to gain a competitive advantage in these markets, it is essential for these Indian tech companies to obtain patent protection therein. Taking into consideration these aspects, I decided to pursue an LLM with specialization in IPR from Illinois College of Law, US which specifically caters to candidates interested in pursuing a career in patent law.

    Could you tell our audience about the article which you wrote on “Software Patents -An Indian Perspective”?

    The above-mentioned article discusses the patent protection for software related inventions in India. At present, since software is the core of most of the technological innovations, is considered to be the driving force with respect to current developments across sectors such as automobile, healthcare, manufacturing, networking, telecom, etc. In addition, software programs have helped in developing cutting edge technologies, such as artificial intelligence, machine learning, Internet of Things (IOT), blockchain and cognitive computing. Since there is a lot of confusion around patenting software related inventions in India, we have summarized our observations on the same based on Indian case laws and the practice followed by the Indian patent office.

    Could you please elucidate your role as an Associate Partner with Krishnamurthy & Co (K Law)?

    I head the patent and design practice at K Law. Since our firm is a full-service law firm, other than the core patent and design practice, such as-prosecution, analytics and litigation, we also advise clients on IP aspects in relation to M&A, private equity and venture capital transactions.

    What hardships did you face during the initial days of your career and how did you overcome them? 

    During my initial days in the patent field, learning the art of patent drafting took some time, as there are no specific formats for drafting a patent application. Each patent lawyer will have a specific style of drafting patent applications. Therefore, to inculcate a specific style of patent drafting, which legally would be acceptable was a challenge. I overcame this challenge by going through numerous granted patent applications in India and other jurisdictions, to develop a specific style of drafting for various arts, such as electronics/electrical, mechanical and software related inventions.  

    What qualities do you think a good Patent Lawyer must possess?

    Inventors consider an invention as their own baby, since a lot of time and effort would have gone into developing the same. In this regard, a good patent lawyer must possess the following qualities in order to facilitate the inventor in monetizing the patent:

    Well-versed with the latest technology: Since a patent is generally applied for an invention which is novel and inventive in nature, it is very important for a patent lawyer to be well-versed with the cutting-edge technology.

    Language: Each term drafted in a patent application may be interpreted in different ways, hence clarity and succintness of language used in a patent application would be essential in ensuring patent protection for the inventor.

    Creativity: Patent lawyers have to be creative as the inventors they work with. For example, check with the inventors whether there are any alternative ways of protecting the technology, how a competitor may try to circumvent the patent, any other interpretation to the drafted patent application and emphasize on the problem that the inventor is trying to solve with the invention.

    Business acumen: A patent lawyer’s responsibility in addition to facilitating in ensuring patent protection for the invention is to enable the patent owner to monetize the patent. Therefore, apart from the technology, the patent lawyer should be aware of the competitors, market for the patented product, jurisdictions, where the patented product may be sold, etc. Basis which, the patent lawyer should develop a strategy in order to ensure the client uses patent as a tool in order to gain a competitive edge in the market and monetize the patent.

    Lastly, please tell us what keeps you motivated.

    Inventions whether just an improvement or a breakthrough cutting edge technology, make the world a better place. As a patent lawyer, we are privileged for having helped the inventors deploy the invention to the public. This is what keeps me motivated.

    Get in touch with Chinthan Japhet

  • I’ve always been fascinated by the legal profession and the way it shapes society- Marinos Cleanthous, IP Attorney (EU) – Founder of IP CYPRUS – Appointed Member by the Cyprus Government of the Cyprus IP Committee

    I’ve always been fascinated by the legal profession and the way it shapes society- Marinos Cleanthous, IP Attorney (EU) – Founder of IP CYPRUS – Appointed Member by the Cyprus Government of the Cyprus IP Committee

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

    Sir, can you share with our readers what specifically inspired you to take up a career in law? How did you drill down among various fields of law and chose IP as your area of expertise?

    I’ve always been fascinated by the legal profession and the way it shapes society. What drew me to law specifically was the opportunity to help people and make a positive impact in their lives. I was initially attracted to the idea of becoming a litigator, but as I learned more about the different areas of law, I became particularly interested in intellectual property (IP).

    I found IP to be a compelling area of law because it involves the protection and enforcement of intangible assets like ideas, inventions, and creative works. As someone who has always been interested in technology and innovation, IP law presented an opportunity to work with cutting-edge companies and help them safeguard their intellectual property rights.

    To drill down further and choose IP as my area of expertise, I began researching and speaking with professionals in the field. I was particularly drawn to the complexity of the subject matter and the constant evolution of technology and the law. It’s a field that requires a deep understanding of both legal principles and scientific concepts, which appealed to my analytical and problem-solving skills.

    Overall, I believe that a career in IP law is incredibly rewarding and allows me to combine my passion for technology with my desire to help others.

    What steps did you take when you were back at law school to become the successful IP attorney, you are now? Tell you us briefly about your career path.

    When I was in law school, I focused on courses that were relevant to IP law, such as patents, trademarks, copyrights, and trade secrets. I also sought out internships and clerkships with law firms that specialized in IP law to gain practical experience and exposure to the field.

    After graduation, I joined a law firm as an associate and worked on a wide range of IP matters, including EU and Cyprus trademark and designs cases. I learned a great deal from my colleagues and gained valuable experience in managing client relationships and  drafting legal documents.

    Over time, I developed a reputation in the IP community and began to receive more complex and high-profile cases. As my career progressed, I also became involved in teaching and mentoring younger attorneys interested in IP law. I have lectured at Nicosia University Law School and industry events, and have served as a mentor to several young lawyers starting their careers in this field.

    Looking back, I believe that if you want to be a successful  IP attorney you need to combine hard work, dedication, and a willingness to learn and grow. I never stopped seeking out new challenges or opportunities to expand my knowledge and skills.

    How important do you think IP strategizing is for start-up companies? Most start-ups are not high on investments, therefore what are must-dos for start-up companies from an IP perspective?

    Intellectual Property (IP) strategizing is crucial for start-up companies, regardless of their size and investment capacity. Protecting their ideas, inventions, and brand is essential for their long-term success and competitiveness in the market.

    Here are some must-dos for start-up companies from an IP perspective:

    Conduct a thorough IP search: Before starting any IP filings, it is important to conduct a thorough search to ensure that your idea/invention/brand is not already patented or trademarked. This will help you avoid any potential infringement issues and unnecessary expenses.

    File for patents and trademarks: Once you have established that your idea/invention/brand is unique, it is important to file for patents and trademarks to protect your IP. This will help prevent others from copying, using or selling your invention/brand without your permission.

    Draft non-disclosure agreements (NDAs): NDAs can protect your confidential information and prevent others from stealing or copying your idea/invention/brand. It is important to ensure that anyone you share your idea/invention/brand with signs an NDA before doing so.

    Build an IP portfolio: As your start-up grows, it is important to continue to build your IP portfolio. This will not only help protect your existing IP but also enable you to develop and protect new ideas/inventions/brands as your business evolves.

    Monitor your competitors: It is important to monitor your competitors to ensure that they are not infringing on your IP rights. If you suspect infringement, it is important to take prompt action to protect your IP.

    In conclusion, IP strategizing is a critical component of any start-up company’s success. By taking the necessary steps to protect their ideas, inventions, and brands, start-ups can increase their chances of long-term success in the market.

    Sir, despite your busy schedule as an IP attorney, you are an eminent multi-tasker. You have been listed as the “leading individual” in the field of IP law in Cyprus (LEGAL 500) and you have also acted as the Intellectual Property and Creativity Mentor in many Cypriot Institutions. Can you tell our readers how to go a mile ahead and contribute to the legal fraternity?

    Thank you for your kind words. Indeed, as an IP attorney, I have been fortunate to be recognized as a leading individual in the field of IP law in Cyprus. And I am also grateful for the opportunities I have had to serve as an Intellectual Property and Creativity Mentor in various Cypriot institutions.

    When it comes to contributing to the legal fraternity, my advice would be to focus on two key areas: expertise and community involvement.

    Firstly, it is essential to strive for excellence in your area of expertise. This means investing time and effort to develop a deep understanding of the law and its practical application. It also means staying up-to-date with the latest developments in your field, such as new legislation, case law, and industry trends.

    Secondly, it is equally important to be involved in your local legal community. This can involve participating in professional organizations, attending conferences and seminars, and volunteering your time and expertise to support legal aid programs and other initiatives that benefit the wider community.

    By combining these two areas, you can not only advance your own career but also make a meaningful contribution to the legal fraternity. I believe that we all have a responsibility to use our skills and expertise to give back to society and help build a better future for all.

    You are a member of several active Intellectual Property Organizations, like INTA (International Trademark Association), PTMG (Pharmaceutical Trademarks Group), AIPPI (International Association for the Protection of Intellectual Property), and Silicon Valley IP Law Association. How do you think active participation in these forums helps IP professionals to enhance their careers?

    Active participation in those Organizations can be incredibly beneficial for IP professionals in many ways. Here are a few reasons why:

    Professional Development: These organizations offer numerous opportunities for IP professionals to enhance their knowledge and skills through various workshops, seminars, conferences, and training programs. Such events provide insights into the latest developments and trends in IP law, which can help professionals stay up-to-date with the ever-changing legal landscape.

    Networking: Participating in these forums offers a great opportunity for IP professionals to network with peers, clients, and experts in their respective fields. Such connections can lead to potential business opportunities, new clients, and even job offers.

    Exposure: By participating in these organizations, IP professionals can gain exposure to the international community, which can help expand their reach and potentially lead to global opportunities.

    Professional Recognition: Active participation in such organizations can help IP professionals establish themselves as thought leaders in their respective fields. By sharing their expertise and contributing to discussions, they can gain recognition and respect from their peers and potential clients.

    Access to Resources: These organizations offer access to a vast range of resources like legal databases, research papers, and other tools that can help professionals stay informed and efficient

    Sir, in your opinion, how do you think AI like ChatGpt would impact one’s IP rights?

    AI is increasingly being used in various industries to improve productivity, efficiency, and accuracy. While AI can undoubtedly contribute to innovation, there is also a concern that it may lead to a potential lack of creativity. For example, AI-generated content may lack the nuance and uniqueness that human-generated content can bring.

    Regarding IP rights, AI-generated content and inventions can still be protected under current patent, trademark, and copyright laws. However, the question of who owns the IP rights for AI-generated works can be more complex. Typically, the person or entity who creates the AI or employs the AI would hold the IP rights. However, there are situations where AI may generate an invention without human intervention, and in those cases, the AI may be considered the inventor.

    Despite the potential challenges, AI has the potential to create new patents and IP rights that were not previously possible. For example, AI algorithms can identify patterns and correlations that humans may not recognize, leading to new inventions and innovations.

    In conclusion, the impact of AI on IP rights is a complex issue that will require ongoing attention and analysis as AI continues to advance. Nonetheless, it is clear that AI has the potential to both enhance and disrupt the current IP landscape.

    Sir, what would be your advice for young law graduates who intend to set their career in IP Practice?

    Firstly, I would suggest that you keep yourself updated on the latest technological advancements as technology plays a crucial role in IP practice. With the rise of Artificial Intelligence, Blockchain, and other emerging technologies, it is essential to stay up-to-date with the latest developments in these areas. This knowledge will help you better understand the legal and practical aspects of IP protection and enforcement.

    Secondly, networking is crucial for building a successful career in IP practice. Attend conferences, seminars, and workshops to connect with other professionals in the field. Build a professional network, seek out mentors, and engage in discussions with experts to stay updated on the latest industry trends and legal developments.

      Get in touch with Marinos Cleanthous-

  • “There may be times when I fail or stagnate, but it doesn’t demotivate me”- Vaishvi Khare, IP Attorney | Corporate Lawyer| Media & Entertainment Lawyer

    “There may be times when I fail or stagnate, but it doesn’t demotivate me”- Vaishvi Khare, IP Attorney | Corporate Lawyer| Media & Entertainment Lawyer

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

    So Vaishvi, what was your motivation behind choosing to pursue law as a career?

    Law as a career is a very zestful practice and you will learn something new on everyday basis. I firmly believe in acquiring knowledge and develop multifaceted skills from wherever it is possible. I did actually wanted to serve people in some way or the other and choosing a career in law was the answer to this! As, Henry Beecher said “A law is valuable, not because it is a law, but because there is right in it”. I therefore wanted to educate people on their rights and help them if they get stuck in any legal trouble.

    Please elaborate about the role of a Media and entertainment lawyer.

    As a media and entertainment lawyer, we have a crucial role in advising individuals, companies, and organizations in the media and entertainment industry on legal issues related to the creation, distribution, and exploitation of content. The responsibilities of a media and entertainment lawyer can include:

    Reviewing and negotiating contracts: This may include contracts for the creation, distribution, and exploitation of film, television, music, publishing, and other types of content.

    Advising on intellectual property issues: This may include trademark and copyright protection, licensing, and disputes over the ownership of content.

    Advising on regulatory issues: This may include advising clients on laws related to advertising, broadcasting, and telecommunication.

    Advising on talent representation: This may include advising on the negotiation of talent agreements and representing talent in disputes with their employers.

    Defending clients against lawsuits: This may include lawsuits related to defamation, invasion of privacy, and infringement of intellectual property rights.

    Advising on mergers and acquisitions: This may include advising clients on the legal aspects of mergers and acquisitions within the media and entertainment industry. Overall, Media and Entertainment attorneys are essential in guiding their clients through the intricate and often changing legal environment that surrounds the media and entertainment sector.

    We would also like to know about the  award you received for the outstanding Leadership Award in Law 2.0 conference and what it took to win that award?

    Law 2.0 Conference was held in Dubai, UAE from 16th to 18th December 2022 where in total six conferences were scheduled. I was awarded for the Outstanding Leadership Award in the Law 2.0 Conference. We also had an opportunity to connect with people from different sectors and learning their synergies. I was also a panellist for a panel discussion which was on “How to protect your brand in the Digital Space”. I would say as a result of my diligence and enthusiasm for the legal sector. I was the one who studied and kept up with my social life while I was attending law school. I firmly believe in striking a balance between my personal and professional lives, therefore when I was a student, I gave my coursework my all-out love and dedication, and when I was with friends, I had a blast. So work life balance is very important in today’s life. As a first-generation lawyer, I had a lot of challenges landing internships and starting my own business. I made a lot of mistakes, but in life you learn from them and become a better leader. Therefore, in my opinion, the reason I won is because of my passion, my willingness to learn new things, and my positive outlook.

    What do you like to do in your free time?

    Spending time with my family, my three dogs, and going on trips with them are some of my favourite things to do when I have free time. Due to my conviction that everyone should lead a healthy lifestyle, I often practise yoga and meditation. Additionally, I enjoy trying out different foods. I enjoy listening to new tunes, cooking, and watching movies and television.

    Given that you have expertise in IPR policies, what drawbacks do you see in our current IPR laws?

    According to me, these are some drawbacks to the current IP laws that are often discussed:

    1. Complexity and unpredictability: IP laws can be complex and difficult to navigate, especially for small businesses and individual creators who may not have the resources to navigate the legal system. This can make it difficult for people to protect their creations and to know if they are infringing on someone else’s rights.

    2. Slowing down innovation: IP laws can also slow down innovation by creating barriers to entry for new businesses and individuals who may be building upon existing innovations. This can result in a reduction in competition and progress in certain fields.

    3. Cost: Obtaining and enforcing IP rights can be expensive, which can make it difficult for smaller entities and individuals to protect their creations. This can lead to unequal protection of IP rights, where only those with the resources to afford the legal process are able to protect their innovations.

    4. Imbalance in power: The current IP laws often favor large companies and organizations over individual creators and small businesses. This can result in an imbalance in bargaining power, making it difficult for smaller entities to negotiate fair terms for the use of their creations.

    5. Limitations on access to knowledge and information: IP laws can limit access to knowledge and information, making it more difficult for people to build upon existing innovations and create new ones. This can result in a reduction in the flow of ideas and creativity, which is essential for progress and innovation. These are some of the drawbacks of current IP laws, and while they are important to consider, they are also challenges that can be addressed through ongoing efforts to reform and improve the IP system.

    In order to end this conversation, kindly tell us about the things which keep you motivated in your area of expertise.

    As I already mentioned that, the legal field can be intellectually stimulating, as it involves continuous learning and staying up to date with new developments and changes in the law. As a lawyer, I really enjoy learning and being able to help people with my knowledge and skills keeps me motivated. Also, my desire for success drives me to do well. What motivates me to keep going is the knowledge that my diligence and tenacity will enable me to experience more professional achievement. One way to do it, in my opinion, is to have the company’s goal and values coincide with mine. Knowing that my efforts are on the right track motivates me to exert greater effort. Success is therefore vital to me on a personal level as well as an organisational level. The growth of the company, which ultimately results in success and personal achievement, provides motivation. There may be times when I fail or stagnate, but it doesn’t demotivate me. On the other hand, I feel re-energized and ready to work harder. Regardless of the situation, what keeps the fire burning within me is the taste of achievement after a setback.

    Get in touch with Vaishvi Khare

  • Road Less Travelled: Journey of Advocate Lalit Suryavansi in the IPR domain

    Road Less Travelled: Journey of Advocate Lalit Suryavansi in the IPR domain

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

    Being a science student, and then choosing law, what was the idea behind?

    Great Question. Though I am used to this question and answering this question every other day. Actually, this science and law cocktail was not planned. In fact, Law was something I never imagined I would be pursuing. I did my graduation and post-graduation in technological streams and happily started working as an Engineer.

    Barring a few things, I was satiate with my carrier. As destiny had other plans for me, one fine day, I felt something is not right about my job and the kind of work I was doing back then. I started looking for other options and got to know about Intellectual Property Rights and prior art searching. The domain looked different and exciting, so I decided to switch my path and get into Intellectual Property. So, this is how I get into Legal domain, and in this journey, I qualified the Patent Agent examination. Later, I felt like having formal qualification in law, which led me to pursue LL.B.

    Please enlighten our audience about the initial struggles in your career and how you managed to overcome them?

    I’d rather start with initial anxieties. As I started my career as an RF engineer, and I was letting go my 3-4 years of job experience for something new called Intellectual Property, which, at that point in time, people thought to be some sort of real-estate business related endeavor, I had lot of disquiet in my mind, and I was in dilemma about the decision I was going to make. Plus, the baggage of what people would say if I failed. But my heart had already accepted it, so it pushed to me to make a bold decision and take that plunge, which I did, and I am elated to say that I made the right decision at that point.

    Of course, there were struggles, but I was very passionate about what I was doing and loved it so much that struggles never felt struggles, they felt like challenges, for which I was determined to go any lengths.

    What are the most important considerations to keep in mind when dealing with IPR and registering patent issues?

    Over the years, I have realized that inventors are mostly concerned about the outcome, i.e., the grant of a patent, not about the events that come along the way of patent grant. I have experienced that most inventors, if not all, are interested in getting their patent granted, and they are either ignorant about the very-very important milestones that starts with patent application filing and end with patent grant/refusal.

    Let me give you a little more perspective, I believe prior art searching to be the most important thing in the patent proceedings, but inventors hardly show any enthusiasm to get it done. And those who consider prior art searching, they fail to understand why a prior art search is done at all, how it can contribute in shaping his/her patent application. Similarly, patent application or claims drafting is merely considered to be the patent agent job. Of course, it is as you are paying him/her, but I’d like advise that please do not recklessly depend on your Patent Agent and be actively involved in the events/proceedings—-Afterall inventions are inventors’ child, not Agents’. My intention is to make the inventors more inquisitive and interactive so that they know what is actually being done by their patent attorney, how the attorney is giving shape to claims, application, arguments, etc.

    IPR and other corporate sectors are evolving like never before, would you like to throw some light on the same? And according to you Lalit, what exciting opportunities it can create for our young lawyers?

    With government initiatives such as “Make in India”, “Self-reliant India”, push for innovations, and programmes like “Start-up India”, protection of innovations is seen as a necessity to compete in the market. With this patenting activities has increased many folds, and patent filing in India is rising at an unprecedented rate.

    As per the Economic Survey 2021-22, the number of patents filed in India has gone up from 39,400 in 2010-11 to 58,502 in 2020-21 and the patents granted in India have gone up from 7,509 to 28,391 during the same time. With so many numbers of patent filings, Patent Prosecution is rising, so is the Patent Litigation. Therefore, one can easily infer the prospects for young professionals.

    Lalit, as per your experience in the legal field, how do you see the legal industry coming up with new concepts and creating exciting opportunities?

    With the constant push for digitization, arrival of faster telecommunication technologies like 4G/5G, invent of communication platforms such as Zoom, Teams, etc., alike every other domain, Legal industry is also witnessing rapid transformation. Everyone is now aware how virtual courts have started, how virtual hearings has transformed the way hearings were taken. If I specifically talk about the Indian Patent paradigm, Indian Patent Office (IPO) too has segued from offline system to online system. With conversion of physical hearings into into virtual-call-based hearings, paperless patent application filings, mandatory online filings for Patent Agents, and many other such initiatives, IPO has put in place a lot of new concepts/systems. So, newer opportunities are coming along, we just need the right approach and right temperament to grab said opportunities.

    What can be some of the toughest considerations while someone from a non-legal background has to see before opting law as a career?

    For someone from a non-legal background, the toughest consideration would be the time window for success. To make a mark in this industry, one must possess the tenacity to climb every rung of the ladder that leads to the success. As they say, there is no shortcut to be successful—legal domain is no different or alien to this saying.

    Lalit, what is a typical day like for you?

    Well, a typical day is typically typical for me. I get up around 6 AM. Do my daily chores by 8 AM and leave for office by 8.30 AM. Commute to office, reach there by 9.30 AM, and get lost in the pool of matters waiting my arrival. Leave office at 6.30 PM, reach home around 8.30 PM where my son and my daughter (twins) remain armored to welcome me with the showers of anecdotes, complaints, happenings, and everything in between from their typical day.

    Could you highlight some of your success habits that enable you to meet your goal?

    Never say no attitude’ and ‘to remain grounded’ at all the times are some of the attributes which I think play pivotal roles in anybody’s success.

    Lastly, what advice would you give to someone starting out?

    Keep your mind, eyes, and ears open for anyone and everyone—you never know who might give you the piece of information that can change your life forever. One more thing, everything progresses at its own pace, so never feel frustrated/agitated if something is not happening at your whims/desires—time and destiny will certainly make it happen for you if you are honest and keen about it.

    Get in touch with Lalit Suryavansi-

  • Jyoti Kapoor, Senior Manager (Legal Counsel) at Diageo, In a Discussion With SuperLawyer On Unconventional Career Options In Law

    Jyoti Kapoor, Senior Manager (Legal Counsel) at Diageo, In a Discussion With SuperLawyer On Unconventional Career Options In Law

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

    What motivated you to choose law as a career? And how has been the journey so far for you?

    While growing up, I remember my mother telling me that she always wanted to be an advocate. However, since she came from a humble background, she could not pursue it.

    As they say, “When it comes to life, we spin our own yarn, and where we end up is really, in fact, where we always intended to be”, somewhere, I believe that destiny had a major role to play while I chose to study law and pursue it as my career since I was very inclined to pursue fashion designing.

    God has been very kind to me, I have met some wonderful mentors during my journey who have constantly guided me through. It has been an eventful journey, very rich in terms of learning, not monotonous. I feel that I am fortunate to have discovered on how to be assertive and support the business while not losing my own ground. That’s the best part, isn’t it?

    What were the challenges that you faced in the beginning of your career?

    I moved out of the ‘city of dreams’ after pursuing law from Government Law College, while I had a PPO in my hand just to feed my own curiosity of what’s in store for me in a new city, in a new role? I just wanted to understand how a company works and what role does a lawyer play in building it. Many of my friends chose to work in law firms but somewhere I was determined to pursue an in-house role in real estate.

    I am a very passionate human being and an extrovert as well, and I feel that it somewhere affected my first promotion. Early on, I remember when I got rejected for this promotion, I felt devastated. It undoubtedly was one of the first failures which I had tasted. I had been an academically bright student who predominantly scored well and therefore, it took a lot of time for me to heal.

    During this phase, while I was trying to find job opportunities and relocate myself to Bombay, I largely faced rejections. I remember, feeling miserable about myself and questioning my own skills and choices. I held my patience and kept myself motivated and as they say “Tough Times Never Last, but Tough People Do!” and some fantastic opportunities came my way.

    As I progressed in my professional journey as an inhouse counsel, I learnt a little later in life that you need to be very solution driven towards the business. A strict ‘no’ to a business proposal even with a solid rationale is something that may not work.

    Among all the specializations, i.e., drafting, vetting, due diligence, risk mitigation, which area of law is the most interesting to you and why?

    Risk mitigation to me is the most interesting. I believe that this exercise teaches you to research the moot points, evaluate and assess the business proposal accordingly. Alongside this, it also makes me build and present the best and worst business case for my stakeholders.

    Having said that, doing due diligence and creating an title trail as a real estate lawyer is also challenging and interesting at the same time. As you may know that the land laws are very region specific and even consist of cryptic language, hence to derive and create a title trail is both complex and absorbing.

    Jyoti, how do you balance your work and personal life effectively?

    I believe that I am organised when it comes to my work and personal life both, which makes it very easy for me to balance both effectively. I love to travel which means I take frequent breaks and therefore planning is the key. I often try to work backwards which gives me immense time to think, strategize and plan my work and life, both. By following this thumb rule, I do not procrastinate and stress myself. I believe that work is an integral part of my life but not my whole life.

    What can be some of the toughest considerations while someone from a non-legal background has to see before opting law as a career?

    I do not see it challenging if someone from a non- legal background starts one’s journey as a lawyer. Having said that, the choice of a law school is very integral. I am proud to be a GLC’ite. As a student of GLC, I had the freedom to explore different fields of law by interning with law firms/ companies, senior counsels, or maybe just venture into a different horizon altogether. It essentially gave me time to introspect and perspective on who I want to become and most importantly how I want to be.

    I am a first generation lawyer and feel that I have an advantage here, as I have the freedom to make mistakes without feeling any threat of being judged. With each mistake that I have committed, I have learnt to be wiser. All of our journeys are different and they can be absorbing yet very fulfilling, if we see from the right lens. We just have to dive in deep and we shall definitely find our way, the perspective has to be right.

    What is a typical day like for you?

    I am an early riser and start my work day usually around 9-9:30AM by checking/ replying to emails and messages. I, then write my to do list (and sometimes also get overwhelmed with the tasks that I have put down for myself to be completed in a day!) and then get started with the projects that have my top priority. I find that I am most productive during the day, hence I try to read as much as I can so as to advise my stakeholders on their business proposals or build strategies to move ahead before I start to jump into meetings and commence the contracting work. Before ending my work day I mostly look back and assess what’s one new thing which I learnt today. This is one of the ways which helps me to be grateful to the job that I do.

    Jyoti, could you highlight some of your success habits that enable you to meet your goal?

    The most important success habit which has always helped me to achieve results is discipline. I live by the principle that “discipline is the bridge between goals and accomplishments”. Discipline helps me in taking charge of my own life be it professional or personal; it also helps me to train myself much ahead in time.

    I also feel that performing yoga consistently, pursuing my hobby alongside work and travelling has helped me to largely reduce work fatigue.

    Last but not the least, I feel that we must trust our leaders, mentors, team and colleagues. I fully echo the thought that together we can do so much, togetherness comes with a team and teamwork begins by building trust. With my own experiences, identifying and trusting my mentor/ leader and building a team has helped me in facilitating my accomplishments much earlier.

    Lastly, what advice would you give to someone starting out?

    For someone dreaming to choose law as their career, I believe that you should first assess if you are passionate towards pursuing it. One must be brave and also wise to assess what is the right thing to do. You also have to be patient in this journey and not fear to evaluate yourselves in different fields of law. To conclude, I feel that one must believe in oneself, have faith and make your own country proud.

    “Every accomplishment starts with a decision to try”.

    -JYOTI KAPOOR

    Get in touch with Jyoti Kapoor-

  • Mahafrin Mehta, Senior Associate at HSA Advocates, In a FireSide Chat With SuperLawyer Sharing Insights On Challenges Faced By Budding Litigators

    Mahafrin Mehta, Senior Associate at HSA Advocates, In a FireSide Chat With SuperLawyer Sharing Insights On Challenges Faced By Budding Litigators

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

    What was your motivation behind choosing law as a career?

    Whilst growing up, the law always fascinated me. For some reason, there is a lot of misconception surrounding law as a profession. I was discouraged at many points in time by a lot of people from taking up this profession as well. However, I was determined to study law. My parents have been my biggest supporters and were overjoyed with my decision. Initially, I was intimidated by it all but gradually I started enjoying the learning process.

    What are the challenges that are faced by budding litigators at the start of their careers?

    With lakhs of students graduating from law schools/ colleges across the country, every year, the competition for freshers is fierce, to say the least. Not only to get a job, even to get an internship with a reputed firm, it is tough process.

    It is important to gain exposure through internships and identify their ultimate area of interest within the law. In my second year of LLB, I was certain that I wanted to be a litigator and hence started my association with a reputed law firm in Mumbai, first as an intern and then as an articled clerk.

    Freshers and interns are at the bottom of the hierarchy and are taken most advantage of, especially in litigation. In order to gain exposure, many a times, they agree to work for a miniscule amount or at no cost at all. I was blessed and privileged enough to not have any overheads. However, it is tough for a lot of freshers and interns to work without any salary stipend.

    What are your thoughts on “Arbitration” as a mechanism for dispute resolution?

    At the outset, I’d like to say that there is a noticeable shift during the course of the last few years. Contracts/ Agreements have but naturally become more arbitration centric. It is very rare that you would come across a contract/ agreement nowadays which would not contain an arbitration clause. Not only is Arbitration effective but it is also a speedy mechanism for dispute resolution. Having said that, arbitration has also got flack for being a “luxury” litigation i.e. there is a substantial amount of expenditure involved to conduct the same.

    How do you make pleadings/ contracts understandable/ more accessible for your clients?

    I enjoy drafting! It has always been a complete joy and pleasure for me to draft pleadings and other documents. Not all our clients are fellow lawyers and not all of them have any legal knowledge. The key to make you pleadings/ contracts understandable/ accessible to your clients is to keep your drafts as simple and concise as far as possible.

    Talking about work-life balance, there has been ample amount of discussion on health issues as a lawyer, what do you believe are the best practices to maintain the equilibrium?

    The legal profession is a demanding one. Urgent matters and tight deadlines are a common feature. Its only but natural that in such a demanding environment, individuals are exposed to high amounts of stress. In order to maintain balance, its important that one takes time off and undertake any activity(s) which helps them to relax. Mental health issues are often overlooked and not talked about.

    Do not let this go unchecked and seek appropriate help. Nothing is more important than your health. As cliched as it sounds but “health is truly wealth”.

    Lastly, what advice would you give to someone starting out in the field of litigation?

    My advice to freshers and interns who want to be litigators, would be to read up on the various statutes. Sadly, there is a noticeable lack of knowledge of basic provisions of the CPC, in a lot of juniors, which is your foundation. Being in the legal profession, you never stop learning. Its constantly evolving.

    Therefore, I think it is also very important to be abreast with the latest developments and judgments.

    Lastly, hard work is definite key to success in this profession. More the effort you put into it, the more results/ benefits you can reap out of it.

    – MAHAFRIN MEHTA

    Get in touch with Mahafrin Mehta-