Super Lawyer

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    Get in touch with Suhrita Majumdar-

  • Sundra Rajoo, Director, KLRCA, and Managing Director, Sundra Rajoo Arbitration Chambers shares his insight on the arbitration world

    Sundra Rajoo, Director, KLRCA, and Managing Director, Sundra Rajoo Arbitration Chambers shares his insight on the arbitration world

    Datuk Professor Sundra Rajoo graduated in Law from University of London, England in 1994. Currently, he is the Director of the Kuala Lumpur Regional Centre for Arbitration (KLRCA). He has also been the President of the Chartered Institute of Arbitrators (CIArb) Global, which is the world-wide leader in training, accreditation and practice of alternative dispute resolution. Sundra is the Past President of the Asia Pacific Regional Arbitration Grouping (APRAG), a federation of  fourty arbitral institutions in the Asia Pacific region.

    A Chartered Arbitrator and an advocate and solicitor of the High Court of Malaya, Datuk Professor Sundra Rajoo is also a professional architect and registered Town Planner.

    In this interview, he talks to us about:

    • His illustrious practice in Malaysia.
    • How to acquire skills to become a great arbitrator.
    • Are grades really that important?
    • His role in legal academia.

     

     Tell us a bit about your childhood and pre-college life as well as educational background. Did you have lawyers in your family?

    I grew up in the state of Malacca and later moved up north to Penang. I attended the Francis Light and Penang Free School in Penang during my primary and secondary education. I then obtained my first honours degree in Housing, Building and Planning from University of Science Malaysia, Penang in 1979. Following that, I proceeded to Australia and obtained two professional degrees in Architecture and Town Planning, after which I pursued Law at University of London, England and obtained the Certificate in Legal Practice. I also hold a Master’s degree in Construction Law and Arbitration (With Merit) from Leeds Metropolitan University where I was the winner of the Annual Prize, North-East Branch, the Chartered Institute of Arbitrators, England; and a Master of Philosophy in Law from Manchester University which I completed as a Chevening Award holder.

    I was not surrounded by relatives who were lawyers but shared a close relationship with my father who often told me stories about my great grandfather who was a war hero during the Malayan Revolution period, sparking an interest in history and Law.

     

    How did you gravitate towards the field of law? Where did you study initially?

    Initially, I pursued my education in the areas of Housing, Building and Planning, and Architecture and Town Planning. I worked for the Central Bank of Malaysia as an Architect and Town Planner in Malaysia and Australia. I gained extensive experience and exposure in construction law. That coupled with my interest in law since I was a child motivated me to pursue my education further in Law.

     

    Were you a top scorer in your educational journey? How important are grades according to you?

    I fared were very well in the courses that I pursued, however, while grades are important, I do not necessarily believe that it is the most important aspect of education. In my opinion, what is most important is how one equips oneself with the ability to apply the knowledge gained in real-life situations.

     

    You were a writer, and have been published in various national journals. Do tell us, how you pursued your love for writing.

    Although I was a light-hearted and playful child, I picked up the habit of reading at this stage. Starting with books on war, my interest in reading continued to grow and expand – a habit that has certainly served me well over the years. This motivated me to pick up writing as I developed ideas, thoughts and opinions that I wanted to impart to others. When writing articles, it is important to understand who your readers are to ensure that the message you are trying to send across is conveyed clearly.

     

     Please give us an insight into your role in academia.

    (He is a visiting Professor at the Faculty of Built Environment, University of Technology Malaysia and Adjunct Professor at the Faculty of Law, University of Malaya.)

    From 2000 to 2003, I continued to lecture at local universities including in the Arbitration Law course offered in the Master of Laws (LL.M.) Programme at the Faculty of Law, University of Malaya. I have been a guest lecturer on arbitration at the Law Faculty, International Islamic University and on the Master’s in Contract Management at University of Technology. I was also an invited contributor to the MSc in Construction Law and Arbitration Programme offered jointly by National University of Singapore and King’s College, University of London in 2004.

    How do you instill creativity and innovation in your employees and in the work environment?

    I instill creativity and innovation in my employees by encouraging brainstorming sessions with them where we make observations and approach things from a new viewpoint, together.

     

    If I want to be a great arbitrator which university should I go to? Which courses would you recommend?

    Since arbitration is international, you ought to choose an institution that offers programmes of an international nature to ensure that you are remain relevant to as many countries as possible. The most renowned courses to pursue would be, traditionally, those by the Chartered Institute of Arbitrators however in light of changing times and how everybody is looking to the East (think ASEAN Economic Community, Belt Road Initiative, etc.) it would be wise to think Asian institutions such as KLRCA that offers the same.

     

    How do you keep yourself updated with the latest arbitration issues, news and cases?

    I keep myself abreast of latest developments in arbitration by news related to arbitration from an international front as well as attending conferences and talks on the same.

     

    Who are the stalwarts in arbitration that you follow?

    That would be the late KC Cheang, a former President of the Malaysian Institute of Architects. KC was well-regarded in the industry. He was skillful and knowledgeable. Everything he did personified professionalism and leadership.

     

    As the winner of the Cedric Barclay Prize by  the Chartered Institute of Arbitrators, share some tips to our readers.

    A love of reading, perseverance and the drive to succeed are the essentials.

     

    What qualities do you think have helped you achieve your current position and stature?

    Perseverance is definitely the key to success. Every once in a while, you will fail, and most of the time, the circumstances will be well beyond your control. The key to overcoming this; is this – DO NOT let your failures keep you down. Compose yourself, dust the dirt off, take a deep breath and get back up on life’s saddle and keep going. Failures are part of life. If you don’t fail, you don’t learn. If you don’t learn, you will never change. The world doesn’t care how many times you fall down, as long as it’s one fewer than the number of times you get back.

     

    What are the skills a law student should try to imbibe to successfully carve out a niche in the arbitration world?

    Analytical reasoning and logical reasoning – law students must learn how to process voluminous information, interpret them analytically, and structure their arguments and reasoning in a logical manner.

    Legal research – it is essential for law students to master the art of legal research especially in terms of legal authorities and citations.

    Technology – With the rise of software and applications used in legal work, it is now a must for students to be familiar with technology.

    Time management – a strong work ethic and the ability to carry out multiple tasks are important and for this, law students are required to manage time well.

    Communication – law students need to equip themselves with both written and oral communication skills in order to convey and gather information clearly.