Super Lawyer

Tag: Patent Agent

  • “As I tell young lawyers, both prosecution and litigation have something to offer and embracing both helps you become better at each one.” – Nithya Somasundaram, Advocate Patent Agent at R K Dewan & Co.

    “As I tell young lawyers, both prosecution and litigation have something to offer and embracing both helps you become better at each one.” – Nithya Somasundaram, Advocate Patent Agent at R K Dewan & Co.

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

    You have been practicing IP law for over 17 years, covering trademarks, patents, copyrights, and design protection. Looking back, what initially drew you to intellectual property, and how has your passion evolved over time?

    I am on the path I am today because of my guru, Professor P. Vanangamudi, whose initial guidance and mentorship shaped me into who I am now. I started my career with internships in criminal law and also experimented with some LPO work, but in 2005 I developed a fascination with intellectual property. I found patents particularly interesting because they connected back to my own scientific journey. On the first day of my internship, during a project with my learned mentors Adv. Surya Senthil (Ex-Technical Member – Copyrights) and Adv. Lakshmidevi Somanath (Ex-Technical Member – Trademarks), I was asked to draft an abstract for a patent application. That day proved to be a turning point, as it revealed how the law is deeply intertwined with scientific and innovative activity in very concrete ways. I was also fortunate to have Shri P. S. Surana (Co-founder, Surana & Surana International Attorneys) as my guide and mentor, whose constant encouragement to pursue IP and litigation drew me to focus on this field from that time onwards.

    In February 2009, I joined R.K. Dewan & Co., 82 years old IP boutique Firm that provided me with the right platform to grow my passion into a career. This is where my interest in IPR grew even stronger. I had the opportunity to learn, practice, and handle the next level of IP under the guidance of the luminary Dr. Mohan Dewan and the powerhouse of RKD, Dr. Niti Dewan. Their mentorship shaped much of what I am today at R.K. Dewan & Co. Prosecution had always been my comfort zone, and I was initially hesitant to step into litigation. My senior colleague, Advocate Balaji, through his guidance and strategic approach, inspired me and gave me the confidence to embrace litigation alongside prosecution.

    Over the years, what started as a fascination with patents grew into a much deeper dedication to all that is IP. I have come to see how trademarks, copyrights and designs are powerful strategic assets that promote innovation, branding and commercial growth beyond just legal rights. That evolution of seeing IP as a bridge between creativity, technology and commerce still inspires me everyday, even after 17 years of practice. 

    You pursued a B.A., B.L. (Hons) at the School of Excellence in Law, followed by a B.Sc. in Physics and an M.L. in International Law and Indian Constitution. How has this diverse academic background shaped your analytical approach and influenced your career in IP and litigation?

    I became a Registered Patent Agent due to my science background, which helped me navigate the technical side of patents. That history has been useful all along, especially when dealing with inventors or dealing with hearings with other parties and explaining their ideas.

    What really added value in my practice was my M.L. in International Law and Indian Constitution. I was given the big picture and scope of international and cross border cases that covered aspects of filings, prosecution rights and parties limitations. I worked at the Chennai firm of R. K. Dewan & Co., and worked on a few general civil litigation cases, as well. I always appreciated having a solid constitutional and international background, I could be exposed to the nature of the dispute while identifying where parties would have rights, an obligation (if there were any), and jurisdictional issues.

    Having appeared before the Trade Marks Registry, Patent Office, Intellectual Property Appellate Board, and Madras High Court, could you share the most memorable cases that significantly shaped your expertise in IP litigation and prosecution?

    Novartis vs Cipla – 3003/CHENP/2004, Chennai Patent office:

    One of the most formative experiences in my journey as an IP litigator and patent professional was the privilege of assisting and learning from Dr. Mohan Dewan during the landmark Novartis pre-grant opposition hearing before the Patent Office, Chennai. This case, which revolved around Application No. 3003/CHENP/2004 for “Inhibitors of Tyrosine Kinases,” stands out not just for its legal complexities but for the many lessons it imparted about the nuances of Indian patent law, especially around amendments, inventive step, and sufficiency of disclosure.

    The case centered around Novartis’ application (No. 3003/CHENP/2004) for a new class of tyrosine kinase inhibitors molecules with critical relevance in cancer treatment. The pre-grant opposition, filed by Cipla under Section 25(1), challenged the patent on multiple grounds, including obviousness (Section 25(1)I), insufficiency of disclosure (Section 25(1)(g)), and questions under Sections 3(d), 10(4), 57, and 59 of the Patents Act.

    I experienced first-hand the intensity of argument and the importance of deeply understanding technical details and strategic legal arguments in a high-stakes Patent opposition. The proceedings, which saw formidable representation from both Novartis and the opponent, Cipla Ltd., brought several procedural and substantive issues into sharp relief. 

    I took part in examining prior art, dissecting the detailed claim amendments, and debating whether the reversal of an amide bond (and the resulting molecular changes) amounted to a non-obvious inventive step. The discussion on the sufficiency of disclosure was equally instructive particularly the Controller’s emphasis that, for new chemical entities (NCEs), it is the supported utility that matters most at the filing stage, not retrospective efficacy data, unless Section 3(d) is directly invoked.

    This case underscored practical lessons in legal drafting, oral advocacy, and the handling of amendments under Section 59, where every narrowing of claims must remain anchored in the original disclosure. The Controller’s decision ultimately dismissed all opposition grounds, recognizing the inventive nature and adequate disclosure in the application, and allowed the patent to proceed. The clarity and logic with which the order dealt with the inventive step set a new benchmark in my understanding of patent jurisprudence in India.

    I have personally argued over 400 patent matters before the Indian Patent Office, and have also actively conducted matters before the erstwhile IPAB, the Madras High Court, the Karnataka High Court, and various District Courts. Handling exhibits, preparing briefs, and formulating technical arguments in these cases has reinforced the critical importance of precision, clarity, and a comprehensive understanding of both law and technology. This experience has been a defining milestone in my practice, affirming that thorough preparation, strategic advocacy, and meticulous attention to detail are essential qualities for any successful IP litigator.

    As an Advocate & Patent Agent at R K Dewan & Co., you handle brand advice, design protection, and IPR consultations. What are the biggest challenges brands face when entering the Indian market, and in India’s evolving digital and tech-driven IP landscape, what common pitfalls do innovators encounter? How can companies proactively protect their IP from an early stage?

    India is an incredibly diverse and fast-moving market, with great buying opportunities but also very real issues for brand owners. Cost competition is high, squeezing brand owners’ margins, while the threats of counterfeits and infringement can damage brand owner’s reputations and market share. The complexity of regulations and enforceability adds to the pressure, and many companies, especially small to medium enterprises, fail to allocate the necessary budget or focus to protect their IP. However, many larger companies are becoming more proactive, and have dedicated IP divisions and in-house counsel to drive better IP management.

    One of our clients had encountered issues while attempting to register their brand on the Government e-Marketplace (GeM), as this Govt platform intensified scrutiny on IP registrations, requiring comprehensive documentation to ensure authenticity and protect genuine brands. This was a strong reminder that the scrutiny of IP rights is more rigorous than ever. This is particularly relevant as online marketplaces keep expanding, requiring mandatory registration of IP as procurement authorities seek to verify authenticity. Too often, we see innovators engaging with their IP reactively, addressing infringement only after it happened, which is not an effective strategy in the digital and fast moving world we live in.

    In short, companies entering the Indian market must recognize IP protection as a foundational business priority. A proactive approach to IP management, conducting searches, timely registration, and ensuring robust confidentiality protocols, will not only take away the pressure of challenges such as counterfeits or cost pressure, but will maximally enable commercial exploitation of innovation in a dynamic market.

    You are a member of the INTA Brand and Innovation Committee. How has this international exposure influenced your perspective on global brand protection, and what emerging trends do you see shaping the future of trademarks and IP innovation worldwide?

    Serving as a team leader of the Product & Counterfeit Technologies group within the INTA Brand and Innovation Committee has been an invaluable learning experience for me. In that capacity, I have been able to work with international Attorneys from different jurisdictions as we tracked global brand protection challenges, discussed emerging issues, authored articles and suggestions, and facilitated education webinars and roundtables. 

    This experience allowed me to see the highly variable way IP practice is conducted across countries, as it is shaped by the differing needs and differing levels of proactivity in IP practice. For example, while the US, Europe, and the United Kingdom have long-standing comprehensive infrastructure and practice in IP, I saw exciting and impressive development and, in many countries like South Korea, China, Japan, India, and Singapore, there is rapid growth and increasingly sophisticated practice in enforcement and justice in this area of innovation. 

    This has helped me to better appreciate that IP strategies for protection will require a more robust, adaptable, and technology-driven approach. I have also observed that emerging trends like the use of AI and other advanced technologies to combat counterfeiting are shaping the future of trademarks and IP innovation worldwide, demanding greater collaboration, vigilance, and creativity from brand owners and IP professionals alike.  

    Technology commercialization and contractual agreements have been a significant part of your practice. How do you navigate the complexities of IP licensing for both startups and established enterprises, and what are the key challenges involved?

    In my opinion, guiding startups or medium sized businesses through the maze of IP licensing can justly be viewed as a balancing act based on knowledge and communication. One of the major challenges I see more often than not is the general lack of awareness (or desire to comprehend) responsible IP rights and licensing agreements. This is particularly true of startups. The case examples are pretty minimal, primarily because many new ventures receive limited or zero direction and experience managing and structuring these kinds of agreements. 

    Using a Academia-Industry partnership adds to the challenge, particularly for the commercialisation of technology and associated contracts. Parties need to specify who owns what, how the IP can be used, what will be the method of profit sharing. They also need to ensure how the confidentiality of the parties is preserved. Having the interests of all parties aligned would be preferable. 

    Startups may face some of these challenges given their limited resources and less power to negotiate, while established companies can face IP portfolio management challenges, as well as competitive edge protection challenges. We all know this is made even more challenging when one tries to facilitate developing constructive, industry specific, strategies for clients, as the true potential of their IP is unlocked and allowed to flourish, whose value could easily be compromised.

    Your career started with internships and junior associate roles in IP and civil litigation. What early experiences have helped you navigate complex IP disputes and establish yourself as a trusted advisor?

    I think my development as a practitioner was really shaped by the formative early years. I started out doing internships and then as a junior associate, and I was lucky to experience two very different but related areas of law, civil litigation and intellectual property litigating. During that time, I was not merely learning about the law in theory. I was sitting through hearings, helping to draft pleadings, and seeing the approaches that senior advocates took in court in deciding how to strategize.

    My best experience was being able to balance both prosecution and litigation. So on the one hand, I had actual experience with patent drafting, oppositions, and trade mark filings, which I think taught me a very technical, detail-oriented framework, while on the other, I had the experience of working with seniors on IP enforcement issues before the Madras High Court and the erstwhile IPAB. 

    I learned two things: that preparation and details are very important when working with complex disputes; and then also, I learned the importance of having trust and a good flow of clarity with clients. Because when a client comes to you, they are looking for more than a lawyer. They need someone who can sort through technically complex, high-risk disputes and return clear, readily manageable solutions. Over the years, that aspect is what made me credible and established me.

    Having managed multi-faceted IP portfolios and brand strategies, how do you foresee the convergence of AI, digital platforms, and global trade impacting IP enforcement and commercialization in the next five years?
    I visualize the next five years will see the intersection of AI, digital platforms, and international commerce, which will dramatically reshape enforcement and commercialization. Regarding enforcement, brands will increasingly rely upon AI-based monitoring systems to identify infringement, monitor supply chains, and detect misuse on e-commerce and social media platforms. Furthermore, we are already seeing the implications of the power of data analytics and image recognition methods to detect infringement much faster than traditional efforts allow. 

    With respect to commercialization, AI will start to re-use and re-imagine the notion of an asset, not only as a tool. Whether it is through AI-generated content, predictive analytics to inform research and development, or digital licensing platforms, businesses are increasingly going to understand that intellectual property is not merely a shield, but can also be used as a mechanism to create financial value.

    For us as professionals, this means transitioning away from the strictly enforcement-based position to advising the business more strategically. We will need to align legal protection with technology adoption, but also to align the business’ global strategies. In short, the practice of intellectual property will necessitate more and more a combination of legal skills, technology adoption, and commercial insight.

    Finally, what advice would you give to young lawyers and professionals aspiring to specialize in IP law, particularly in balancing litigation and prosecution on a global stage?

    As I tell young lawyers, both prosecution and litigation have something to offer and embracing both helps you become better at each one. The IP practice in India has also expanded tremendously; it is no longer a “road less taken.” The competition in this domain has intensified, and the number of practitioners is now greater. Moreover, IP is not a one-stream subject; it has many distinct subfields like trademarks, patents, copyright, designs, and geographical indications, all of which require different expertise. Young practitioners should consider specializing in these subfields and develop a focus area, while retaining a broad understanding of the other sub-disciplines.

    The rivalry among young lawyers has reached unprecedented levels, particularly due to the surge of private institutions producing law graduates every year. On the positive side, this generation is skilled in the use of technology and AI tools; however, I would advise them not to use these platforms at the expense of other more dependable methods. The core of any law practice is undertaking thorough legal research, reviewing original texts, statutes, case law, and recognized commentaries.

    Get in touch with Nithya Somasundaram –

  • Fueling the Future of Innovation Through IP Awareness and Advocacy – Nilanshu Shekhar, Founding Partner at KAnalysis

    Fueling the Future of Innovation Through IP Awareness and Advocacy – Nilanshu Shekhar, Founding Partner at KAnalysis

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

    Let me begin by asking you about your decision to do law after having an engineering degree or academic foundation in biotechnology and industrial microbiology. What was your inspiration in bringing intellectual property into your life, and how have you taken this approach to excel in the IP domain and make it a passion?

    As it happens with everybody, the shift to intellectual property from an engineering background, or in my case, the shift from biotechnology and industrial microbiology to IP, was not planned. It happened organically, and I began my career as a patent engineer in my first organization where I was introduced to the world of IP.

    That exposure was an eye-opener for me because I realized IP was the perfect intersection of science, law, strategy, and, more importantly, business. It allowed me to stay close to innovation while also influencing how innovations are protected and commercialized. So that is something that brought me towards IP, and the interest has kept me going to date. Over time, this technical-to-legal transition has shaped my entire approach to how I view IP.

    I don’t look at innovations in isolation. I view them as a larger part of the innovation journey because it’s all incremental and doesn’t happen as a eureka moment. That mindset continues to influence how I advise my clients even today. Whether it’s a startup or a multinational trying to scale its IP, I try to see the bigger picture of what the innovation would mean to them, how it aligns with their business goals, how to strategically protect it because IP, in isolation from business, is of no use.

    That’s how my journey towards IP keeps me motivated and going strong.

    Thank you so much for bringing in this aspect of the intersection of two fields, which are absolutely niche. Way back in 2007 itself, you started KAnalysis, and right now, you have made it a thriving IP law firm. What were some of the key challenges during those early years when you started your journey with a modest three-member team and navigated it through building a firm of this size and reputation, with a mission of making an IP hub in India? How have you done it?

    Well, it has happened gradually, I would say. When we started in 2007, we were working out of a single basement with very limited resources and zero clients. So, the initial challenge was how to show your credibility. Why would anybody trust a young firm or someone who has just started?

    We focused on quality, our responsiveness, and trust, because trust is something that takes you far. Even during our initial phase, we were doing the IP work. Wherever we were trained, we were not good at starting or setting up a business, managing cash flows, or getting clients, or getting an introduction to a client. We could execute a project, we could write a patent, we could search for prior art, or we could do a lot of things, but how to convince somebody to trust you?

    So those were tough initial days, as it happens with everybody. But the real challenge started as we grew. When you try to scale, the biggest challenge is that you should not dilute your core values. Consistency and patience are key. Over time, we have invested in people, set up robust processes, and, being from an engineering background, we could incorporate and adapt technology at various levels.

    People, process, and technology, I would say, are the three pillars we have not compromised on till now. The culture is that we will not compromise on these, however big we grow, because growth at the cost of culture and quality will not last long. Over the years, it has been almost 18 years. We have built slowly and steadily, investing in people, processes, and technology.

    That’s what I claim to be my biggest challenge now. As the team grows now, we are over a hundred people. The majority of my team is in India, but a few members are spread across the globe. The second-largest team is in the US, and we have small offices spread across the globe to take care of various jurisdictions.

    Every step has a new challenge, and as we grow, the challenges keep changing, but you have to adapt and survive.

    You have been resilient, and you have prospered through that. Keeping all that and working towards IP rights for more than 18 years now, what was the role of your engineering background in shaping the strategies that you particularly saw were different from regular lawyers? Obviously, there was a different understanding that came from having an engineering background plus a legal understanding. How have you seen that particular combination help you and your team grow and strategize at the same time?

    Yes, I have a different take on this. Whatever course or degree or exercise you take, it shapes your mind to think in a particular way. That’s what engineering does.

    Engineering doesn’t teach you anything specific. It trains your mind in a particular direction, to think a certain way, to solve issues or problems with a different bent of mind. Engineering teaches you to deconstruct a problem, break down the system into fundamental parts, look at each part individually, and then see their function and assimilate them.

    Law, on the other hand, teaches you to analyze. Law teaches you to connect those individual parts in a logical and legal framework. So, having training in both aspects helps you see the final picture without missing the finer details. That’s what the combination of engineering and law helps you achieve.

    Initially, I was more involved in patent prosecution. Over time, I was exposed to IP litigation, which has added a third dimension to my thinking. When you are prosecuting patents, your basic idea is to get a patent. When you go into litigation, you realize the basic idea is how to get a patent that is enforceable.

    It teaches you what holds in court and what falls apart. This practical insight sharpens my instincts in the entire scheme of things. Now I try to look for the best claim scope or how to draft better claims. As a litigator, I have realized that my ability to draft and interpret claims has also improved.

    Claims should be broad enough, assertable, and defendable even under attack. All those things shape your thinking. Every day is a learning process. Every case teaches you something. So whether I’m guiding someone, I’m not just focused on getting the examination and obtaining a patent, but also on how much I can contribute to obtaining an enforceable patent. My goal is to create IP that is not just strong on paper.

    It should withstand scrutiny. It should attract investors. It should survive litigation, both offensive and defensive, and it should support the business in market entry. Starting and setting up my business also helps me understand the key challenges any company faces with regard to IP protection.

    You don’t go all out and spend all your money on IP. Business is also important. It’s a combination and a learning that has helped me consult clients. I don’t work with clients as just a service provider or as a lawyer. I work hand in glove, even suggesting who they should go to for a merger or whom they should not partner with. I regularly undertake those kinds of activities.

    That’s why I like working with early-stage startups or small tech companies, because there you can be very closely invested. Over time, I’ve seen most of my clients trust me because we make them understand that IP isn’t just about legal protection. It’s a business asset.

    So technical understanding, legal foresight, and business acumen that’s why we have been successful as KAnalysis, I would say. I’ve seen my clients from their first provisional patent to securing multimillion-dollar funding. Those have been brilliant experiences.

    We would also love to understand that particular monetization process and the multimillion-dollar deals that you have done for IP monetization especially.

    But before that, we would love to ask you about your pro bono work also, where you have invested a lot of your time in initiatives like the IP Help Desk for startups and the IP workshops that you keep on doing. What actually fuels your dedication to promoting IP awareness and educating academicians and entrepreneurial communities related to this? Because you do it pro bono and you are also involved in a lot of deals which are for monetization. So how do you find the balance between these two, and how do you find time to do that?

    That’s interesting! I’ll tell you a very humorous anecdote. When I joined IP, it was very difficult to convince my dad what I was doing. And he is a professor. So that is the level of IP awareness in India. It took me a long while because India has no dearth of innovation, but IP awareness and awareness around IP rights remain uneven. Startups, academic institutions, and big companies have their setup because they have realized it the hard way.

    They have been sued or they want to protect, so they have mechanisms. But startups and academia lack IP awareness. Over the years, I have been working and managing one of the largest patent portfolios in India. We are managing portfolios in over 80 countries, spanning over 30,000 patents.

    So, handling that kind of a portfolio, I realized that most of my clients are from outside India. During COVID, you get time to ponder a lot about what we are doing and what we are giving back to society. During those days, I realized, let’s start an IP help desk to help startups, because startups are in the most gullible phase. I have seen investors who are real sharks take over their hard-earned innovation and everything. So I launched the IP help desk just to help them understand their questions, their issues, and guide them or handhold them without charging them. Because initially, they’re short on money and they think everybody is trying to sell something.

    I have done over 150 pro bono workshops across the country in the last two and a half years. These are not just lectures; they’re conversations where I help to demystify IP to the founders, to the people at incubation centers, those who have just started, and I give them practical, usable advice.

    How to stagger the cost. How you can protect yourself with minimum cost. So that when you attract investors, you may pay me but how can we get to that stage where you are attractive to the investor and protected. Because IP should not be an afterthought. It should be part of the innovation process from day one.

    Founders and researchers need to understand their rights and the value of protection. That’s what I do. I try to make them understand where the value lies. It’s not a cost center, it’s an asset. Slowly and gradually, I’m assisting over 1,000 startups at the moment, who are transforming in their trust in me, their confidence, and their outlook. For me, this is a way of giving back to the ecosystem, because ultimately this ecosystem has shaped me, and I ensure that the next generation has all the tools to compete globally. Because Indians should be competing globally. Big companies or multinationals will not build India. It will be the SME sector that writes the next India growth story.

    So that’s what my mission is to enable startups to lead the India story. Whatever little I can contribute, I try to contribute.

    That’s not little, that’s huge. One person can bring in so much change and can bring in so many people together to work towards one goal of making India again an IP hub as you have envisioned for everyone.

    Yeah, that’s why I keep my Fridays open for four hours. Anybody can book a slot and they can ask questions, without any charges. So that’s something that attracts most people.

    Wow! We would love to promote that aspect. And we’ll definitely talk about this the Fridays that you keep open for people to come to you and have that free consultation. That’s something which is not easily available, at least from such senior attorneys who are already managing such big portfolios.

    This is something that is very inspiring for young professionals also. So, sir, how would you like to talk about the intersection of science, innovation, and law, and what kind of core skills these young professionals can seek when they’re trying or thinking of building a career? And what do you propose to build that particular mindset, and what kind of advice would you like to give to them so that they can thrive in this particular field of intellectual property, keeping in mind that they also have to give back to society, as you already are doing?

    For anybody to give back to society, they should first focus on building their career and themselves. And they should enjoy IP, because this is a field where, if you don’t enjoy it, you cannot work a single day. That joy, that kick you don’t have to drag yourself to the office any day. You just look forward to it. And for that, the basics for students or young professionals is that you should develop interdisciplinary fluency.

    You should have a passion for science, an understanding of law, and an ability to look at business so that you are able to connect the dots. That’s something I always suggest. It’s not about mastering one thing. You have to be a jack of all trades. You have to be good at multiple things, because if you go in one direction if you are very good at law, IP is not for you. That’s the core legal side. If you’re good at engineering, IP is not for you either.

    You should have a flair for multiple things. That’s what IP requires. You should also cultivate a habit of deep listening, because the majority of my clients describe symptoms, not problems. My job is to diagnose both.

    They would just give me a situation where they’re stuck. That’s just a symptom. The real problem lies somewhere else. I need to identify what the root problem is and then provide a solution. Somebody has sued them filing a countersuit is not always the solution. There is also room for arbitration.

    If my case is not very strong, I would look for other avenues where I could bring the other party to the negotiating table. So that’s all part of business strategy. Secondly, I would advise the young generation to stay curious, because IP is evolving rapidly, especially with areas like AI, genomics, cleantech, and the majority of the new avenues that are coming.

    If you are not curious, if you are not rigorously reading, it’ll be very difficult to stay updated. This field needs you to be relevant. And finally, last but not the least be ethical. Cutting corners is not going to help you survive long in this field. This field is built on trust. So if you try to cut corners, you might get one or two clients, or you might get one or two cases, which would be shortcuts.

    But integrity will help you build a career. That’s a must. This field rewards only those who are sharp and sensitive. It’s not something you should be ruthless about. Those who can think like a scientist, act like a lawyer, and listen like a consultant. I always say to anybody who is hired that you should have good listening skills, but you should act like a lawyer and think like a scientist.

    That’s what an IP lawyer should be. It’s not a one-dimensional career, I would say. I have been actively mentoring our juniors to understand what I call IP fluency. It’s the ability to connect innovation, law, and commercial relevance. Because there is a brilliant invention that somebody has done, most of the inventors are very passionate about what they have created.

    But is it packaged enough to be marketable as a product? An IP lawyer would stop before that. I go that extra step. How would the market perceive this? What would be the best sales strategy? If you could associate your product with some bigger brand, how would this complement?

    So, those kinds of strategies I come up with because I try to help the business grow rather than just limiting myself to the IP side. So if you are someone who is curious, ethical, and eager to make an impact, IP is the career for you. It’s a very fulfilling career path. But choosing wisely is what I suggest.

    We also have one very good initiative in our organization where we have weekly training sessions for everybody. Whatever is there, they are given specific topics to present to the entire organization. Every fortnight, we have sessions so they get to dive deeper into that particular topic. That is something I have been doing regularly in this organization, because for me, it’s all about the culture that we build. We are here to nurture, and that’s what we have been doing.

    So I’ll start with “curiosity is the key, thinking like a scientist, acting like a lawyer.” Sir, keeping all that in mind, how have you developed this culture inside your organization and made sure that everyone is aligned with the whole process? Because it’s a huge organization.

    It’s in several jurisdictions as well. So the kind of thought process that’s involved also requires an understanding of having very good mental health as well as physical health. How have you worked on that and made sure that all your team members are not only aligned but also following the certain protocols that you may have set? Because it has become a very big and growing issue of mental health problems and compromised physical health and people have started talking about it. So how do you work around that and make sure that you also stay healthy and that your team across the globe is also equally healthy?

    It’s definitely a journey. I would say I’ve been trying hard to maintain a balance, but yes, it’s still a learning curve. I used to equate longer hours with better outcomes.

    That was earlier. Over time, I have realized or with experience, I could do things much quicker and I have realized that clear thinking, a strategic approach, and, I would say, strong leadership all combine to form a structure that helps you remain fit. By fit, I mean mental health more, because lawyers get involved in a case so much that they’re not able to shut down when they’re not working.

    Even in the subconscious mind, a case keeps on going. When you are so involved, a setback in court would ruin your evening, which shouldn’t be.

    So a lot of times it happens, but now I take time and ensure that I switch off. I listen to music, go for walks, or the best I like is speaking to young professionals that helps me unwind.

    And I have a supporting family. I have a very close group of friends. I have kids who help me relax, and that’s how I keep my mental balance. I would say they help me recharge, especially when things get intense and it happens almost every week. So that’s how it is.

    Delegation of work and another important point that I forgot worth mentioning, is building a strong second line. Because as the firm grows, you need to have a second line that takes care of the majority of my issues so that I come into the picture at a very later stage.

    That helps me go out and work daily because prioritizing mental health is not just about myself, but it’s all across the firm. Because if you are not sustainable, it’ll not last long. You’ll burn out.

    So we need to keep that flame alive but that flame should not burn you is what I always tell people. You stay motivated, but at least learn to enjoy, and that enjoyment should come.

    I’m very fortunate to have a set of friends who keep me grounded. They don’t let me fly too long. So that’s how I relax and unwind. And I’m still learning. Scaling means having trust in your second line, having trust in your delegation, having trust in your processes and culture. I’m very thankful that I have built a very good team. It’s a slow and steady process.

    Every hiring goes through a lot of vetting.

    I’m personally involved in most of the hirings that happen in the company because the culture should be intact. The mindset you can teach a person but you can’t change the attitude. So that is one thing I always, always look for in people. Somebody who has not played any sport would not be a good team player, is what I feel.

    So these are small, small things that I keep in mind when I look for people while hiring. I like to speak to them for an hour or so to understand and pick up some things from their mind. That person might be a brilliant asset, but if it’s not a fit for the culture, then he’s not the person for me.

    Amazing views, sir. Thank you so much for talking about building a very strong second line as well as delegating your work obviously with diligence and with the understanding that it’ll work after you have delegated.

    Sir, while you were talking about IP rights and IP management and other aspects of intellectual property, you also talked about negotiations and management. We would like to ask you your thoughts about the arbitrations that keep happening in intellectual property. How do you see the future of IP arbitration in India and globally as well? Because you have a global presence.

    I have been involved in several IP transactions as well, and over time I realized that your biggest competitors could be your potential collaborators in the future. This is a big jigsaw puzzle. Every piece needs to fit in somewhere, and that is something where there is always room for negotiation, because nobody is outrightly against anybody.

    It’s that everybody is protecting their own business interests. So in the broader sense, what we do is we try, as I mentioned earlier, to deconstruct the dispute. What is the major negotiating point? What is a strict no-go?

    Is there any chance where a financial negotiation could also take place?

    Because initially, I was also involved in a lot of IP valuation work as well. So, if there is a dollar value attributed to this particular piece of technology, could there be a royalty scope wherein we could have a negotiation around that?

    Arbitration is not always about having a mandatory step, because these days, courts have been constantly pushing for arbitration, and people should first try out arbitration before starting the trial.

    But arbitration as a first step needs to be taken care of. The real challenge I feel in India is that there are not enough trained arbitrators. Arbitration is a very, very specialized niche that is going to be very lucrative. There is very little expertise in that particular domain.

    Because an arbitrator who specializes in aerospace would not be a good fit for e-commerce.

    So for somebody who is a domain-specific arbitrator it has been a wonderful experience working with some very good arbitrators trained in Singapore or Dubai.

    Because those two centers I really like the framework they have: the training of arbitrators, the certification courses they offer.

    It’s amazing. I have had the fortune of working with quite a few of them, and I wish India had that kind of setup, where we have training schools for arbitrators where there is a specific coursework, six months or eight months, wherein arbitrators are trained to arbitrate. Because most of the time, we have our own biases, and arbitrators shouldn’t be biased.

    So those are small, small things that arbitrators need to inculcate. With training and proper guidance from established institutes across the globe, India can be a major hub because that would lead to a reduction in a lot of the backlog we have in courts, if there is a good arbitration mechanism.

    In IP, I would say it’s very laughable that most of the businesses 500, 600 crore businesses were started by a family. When they split, they don’t have a proper agreement about IPR or brands, and that fight goes on.

    Those family businesses I’ve been involved in a lot of feuds in family businesses where the brand, who owns the brand later, is a real nightmare, because many people don’t understand the value of the brand unless they see that they can’t sell using that brand. Then the valuation starts.

    So it’s still in a very, very nascent stage in India.

    But I am very hopeful that the next crop would be more accustomed to and more inclined towards alternate dispute resolution mechanisms.

    Sir, with the kind of experience and exposure you’re offering through your workshops, I truly hope many others follow your lead so that India can become the IP hub you’ve envisioned. As we come to the end of this conversation, I’d love to understand how you keep yourself updated with everything happening in the IP world. How much do you read, how often do you interact with the international community, and what differences have you observed in the understanding of IP rights across jurisdictions? Since you’ve worked in over 80 jurisdictions, you must have encountered varied approaches to the same IP concepts. It would be great if you could share those insights for the benefit of young professionals.

    Definitely. Because IP is a global thing. It’s not restrained. You need protection in multiple countries, but each country has a different law that we should understand. Each country has a different patentability criterion.

    Some things are patentable here, some things are not patentable here. Method patents are patentable in some countries, some countries only allow system claims. So this kind of thing, where you are seeking global protection if you don’t have a bird’s eye view of different jurisdictions that are patentable in Japan might not be patentable here in India. Or let’s say there is a business method patent, which is allowed in the US but not allowed in India. Software patents we face a lot of issues regarding Section 3D or repurposing of drugs. So all those things you need to work with attorneys across multiple jurisdictions to understand.

    If you are starting with a PCT application, my team has been trained with US attorneys, European attorneys, Canadian attorneys, even Japanese and Chinese attorneys. So when we write a PCT, you have room to amend in that specific jurisdiction when you enter that.

    When you are trying to prosecute applications across the globe if you are working here most people would go and help you to submit with a foreign attorney without giving you the legal perspective. Let’s say if you file in the US with 20 claims.

    Same application if you go to Europe why go with 20 claims if you have to pay an additional claim fee for five extra claims? Because above 15, Europe charges. In China, it charges above 10. Some people I have encountered in the past it’s against my profession but I would say that just to justify the billing of $20,000, they write a 200-page patent.

    That invention was brilliant and beautiful, and it should have been protected across the globe. But the translation cost was so high that the client could not afford to file in non-English jurisdictions. Only nine or ten countries allow you to file in English. The rest all require local language. You get the translation done.

    Why write a textbook when you are writing a patent? Be concise, be compliant, and think about the business of the client rather than your billing is what I always suggest. So having a global perspective with regard to global filings has been the hallmark of our success because our patents get prosecuted in multiple jurisdictions, and we are the ones who are responsible for all the jurisdictions.

    We would not say that we have drafted as per Indian law and the rest you take care of with your local attorneys. Then you keep on having office action after office action after office action, and you end up spending a lot without getting the patent because it was written in such a manner that there is very little room to go ahead.

    I’ll tell you, these days I’m facing a lot of issues with Indian companies, I would say. They cut corners while drafting a patent. They come to us for making a response for a US office action. After our response, the claims are allowed, but the final objection comes that there is no support for those claims in the specification.

    You can amend the claims, but you can’t amend the specification. A brilliant innovation goes down the drain because you have already disclosed most of the things. There are remedies that we suggest, but you end up having your cost at least 1.5 to 1.8 times. You try to save a few dollars and you end up spending a fortune. So that’s something that needs to be told to the people and to the business community that it’s always a penny-wise and pound-foolish situation.

    That is the kind of situation that most Indian businesses are facing these days.

    And as you mentioned at the start, they don’t want to pay. They will pay. They’ll pay when they are in a soup. Why get in a soup? Have preventive strategies first. That’s my advice.

    Why get into a suing battle later when paying upfront can keep you protected for life? I’d really like to understand your thoughts and motivation. How do you envision the IP hub idea becoming a reality in India over the next decade, especially considering the high-profile cases you’ve handled and the challenges you’ve seen businesses face? Since you’re mentoring so many attorneys, startups, and businesses, what would your advice or strategy be to help make this vision real, especially with the government also actively working towards IP awareness? How can both young professionals and seasoned attorneys contribute to this goal?

    I would say that we need to shift our mindset from domestic-first to a global situation. It should be global by design. Most of the people file PCT applications, and I have seen people who say that they have got a worldwide patent.

    So that’s the level of awareness they have. And they don’t enter the national phase, and everything goes down the drain.

    So if you start with a global perspective, then only you’ll be able to compete globally. That’s why KAnalysis started. We came up with the idea everybody laughed at us that how can you manage through a single window so many jurisdictions?

    Step by step, step by step, the team got trained. We got trained in understanding different countries, different jurisdictions, what kind of objections each country has. We have built strategies where you could save at least 40% of your cost if you plan your prosecution and global IP filing strategically. Minimum 40% saving that we have shown repeatedly again and again.

    That’s a huge amount of money considering you are looking at 8 to 10 jurisdictions to file. Of course, India has made commendable strides. It’s not that India has not done anything. At that time, there was no digital filing when I started. Now it’s all digital.

    Expedited examination is a very welcome step that we have. They have increased outreach programs, which is very good. They have stakeholders’ meetings that is a very welcome step.

    The major problem that I see is inconsistency in the examination of patents. Delay has been something that I have always been seeing, but now at least with expedited examinations and all, I’ve been able to get patents within a year, many times.

    So those are some things that have certainly helped. Just like USPTO, the Indian Patent Office needs to adapt to AI for basic things. You can’t replace humans, but at least the formalities checks and all those things could be automated. USPTO has automated all those things.

    That would help us get a better outcome, faster outcome, and reduce the delay in enforcement.

    I empathize with the judiciary because they have a huge backlog, but the Indian system legal reform is the need of the hour. If you want to be business-friendly, you need to have fast-track courts. IP divisions here in two high courts is a very welcome step. It’s really, really helpful. But we need to have more dedicated IP courts across the country.

    IP should be the prime focus of the country. Because if you want to become a so-called Vishwa Guru, then you need to focus on IP. If you don’t do that, you’ll not be a business-friendly jurisdiction. You’ll just be a center for cheap labor, and your manufacturing will move somewhere else because they will be cheaper than you.

    Unless you innovate, unless you try to remain attractive to innovation, unless you create an ecosystem for innovation you’ll just remain like that.

    We have seen examples. Malaysia was one such country which could not innovate. It rose very fast, and then stagnated and phased out. They were calling it the next bright spot.

    Innovation sustains. The US hardly makes anything. They innovate. So innovation needs to be nurtured.

    And at the very grassroots levels, school curriculum should have at least a course on IPR. I tell my kids a very fascinating story. They were making some paintings at home, so I told them to always sign your painting.

    Otherwise, somebody else would take the credit. That’s IPR.

    So that’s something we need to inculcate and create right from the initial days that anything you create, it’s your intellectual property.

    And think beyond. And our education system also needs an overhaul where we have relevant courses that are more aligned with industry requirements.

    That is something I look forward to with this government. Let’s see how much they do.

     Thank you, sir, for being here and for your incredible dedication to intellectual property. It’s rare to see someone live and breathe IP the way you do. We truly appreciate you taking the time to share your insights on IP rights, monetization, valuation, and so much more. Your passion is inspiring, and we hope it drives India closer to becoming a global IP hub.

    One thing I would like to add in the end.

    We should learn to celebrate innovators like we celebrate a lot of things.

    We should have a national program to celebrate innovators. That would be really an encouraging sign for anybody to innovate.

    Get in touch with Nilanshu Shekhar –

  • “Having a solid technical foundation helps me engage meaningfully with inventors, understand the core of their innovation, and translate that into precise legal language.” – Davender Punia, Patent Counsel at Wadhwa Law Offices.

    “Having a solid technical foundation helps me engage meaningfully with inventors, understand the core of their innovation, and translate that into precise legal language.” – Davender Punia, Patent Counsel at Wadhwa Law Offices.

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

    From engineering at BITS, Pilani to an LL.M. in Law & Technology at UC Berkeley, what inspired your transition from a technical role to a legal career, particularly in the field of intellectual property?

    I have always been someone who wanted to carve a slightly unconventional path. While many of my peers were heading towards an MBA or preparing for UPSC, I found myself questioning what would truly keep me intellectually engaged and professionally satisfied in the long run. That’s when I started reflecting deeply on my interests and I realised that law was something that genuinely intrigued me.

    So, I decided to take the leap and pursued an LL.B. from Delhi University along with my first job. During my law studies, I naturally gravitated towards patent law. It was a perfect intersection of my technical background and growing interest in legal thinking. That blend of technology and law really excited me.

    After completing my LL.B., I wanted to deepen my understanding and focus on this intersection, which led me to pursue an LL.M. in Law & Technology at UC Berkeley. Since then, I’ve been working as a patent lawyer, and while the transition from engineering to law was certainly a bold and challenging one, looking back now, I can say it was one of the best decisions I have made. It has been a fulfilling journey.

    In what ways has your engineering background influenced your approach to patent drafting, prosecution, or litigation especially when dealing with highly technical sectors?

    My engineering background plays a crucial role in how I approach patent matters. It has trained me to think logically, break down complex inventions into simpler components, and understand the technical nuances that are often central to patent drafting and prosecution. When dealing with inventions, having a solid technical foundation helps me engage meaningfully with inventors, understand the core of their innovation, and translate that into precise legal language. This ensures that the patents I draft are not only legally sound but also technically accurate and strategically strong. 

    Even in litigation, my ability to understand technical documents, prior art, and expert reports gives me an edge in building arguments and cross-examining technical witnesses. It helps bridge the gap between the legal and technical worlds which is essential in patent law.

    Transitioning from engineering to law is quite a significant shift. What were some of the key challenges you faced early on in your legal career, and how did you navigate them?

    Yes, the transition from engineering to law came with its fair share of challenges. The skill sets required in both fields are quite different. In engineering, the focus is largely on problem-solving in a structured, often individual capacity. On the other hand, law is much more dynamic and people-facing involving teamwork, client interactions, and the ability to communicate complex ideas clearly.

    Initially, it was a bit overwhelming to shift from working quietly on technical problems to having to articulate arguments, think on my feet, and engage with clients, patent officers or courts. Adapting to this new environment took time, but with consistent effort and mentorship, I eventually found a rhythm. Looking back, I see this shift not as a hurdle but as an important phase of personal and professional growth.

    You’ve been closely associated with the automobile industry- both through your prior engineering role at Maruti Suzuki and working on patent strategy for automobile companies. What are some of the unique IP challenges that companies in this sector face when operating in India?

    One key observation I have made while working with Indian automotive companies is that IP is often not treated as a strategic priority. It usually comes in late during product development, especially in a sector traditionally focused on production and supply chains. Enforcement is a major concern, particularly when it comes to tackling counterfeit products. Another challenge lies in vendor-level IP protection,many companies work with third-party suppliers without clearly defined IP ownership in contracts, which becomes a legal nightmare at a later stage.

    However, the landscape is evolving. With the rise of EVs, connected mobility, and software-driven features, IP is becoming increasingly important. Buyers today often care more about tech features than mechanical specs. Yet protecting such innovations especially software and AI is tricky in India due to patentability restrictions. A proactive IP strategy is now more essential than ever.

    Having represented clients in opposition proceedings and patent office hearings, how would you assess the Indian patent ecosystem in comparison to international jurisdictions? What best practices could India adopt to strengthen its system?

    The Indian patent ecosystem has come a long way, especially in the last few years. Timelines have improved, rules have been amended, digitization has made filings and hearings more efficient, the Patent Office is becoming more responsive, and special IP divisions are being set up at major High Courts. However, when compared to some international jurisdictions, there’s still room for improvement particularly in consistency of examination standards and depth of reasoning in office actions or opposition decisions.

    Another area where India can improve is in increasing technical training and specialization of patent examiners, especially in emerging fields like AI and biotech. Greater transparency in outcomes and timelines would also build confidence in the system. Adopting global best practices and encouraging early engagement between applicants and examiners, could also go a long way in strengthening the Indian IP ecosystem.

    Your time at UC Berkeley exposed you to global perspectives on intellectual property and business strategy. How has this international exposure influenced your legal thinking and practice within the Indian framework?

    Patent law is one field where the core concepts like novelty and inventive step remain largely uniform across major jurisdictions, thanks to global frameworks like the Paris Convention and the Patent Cooperation Treaty (PCT). My exposure to the US patent system and interactions with peers from over 50 countries at UC Berkeley significantly broadened my perspective on how different countries approach similar IP challenges.

    This international experience equipped me to handle patent prosecution in jurisdictions like the US and EU with greater confidence. More importantly, it helped me view IP not just as a legal formality but as a strategic business tool. I now encourage clients to think about IP early and align it with their commercial objectives. It also made me more mindful of global standards in drafting, prosecution, and portfolio management. Bridging international best practices with the Indian framework has added real value to my practice and client outcomes.

    With rapid technological advancements, how do you see AI reshaping the legal industry? What steps can lawyers take to remain relevant in the age of AI??

    AI is a topic I am deeply passionate about. I would like to touch on two key aspects here- how AI is transforming the legal profession, and the legal challenges AI itself brings.

    AI will reshape every area of law, from IP to liability and contract interpretation to competition, data privacy, and regulatory compliance. Even without a dedicated AI law like the EU AI Act, existing legal frameworks will increasingly need to address AI-related issues. The day is not far when most law firms will have dedicated AI law practice.

    On the other hand, AI is also changing how we practice law. Given the template-driven and repetitive nature of much of legal work, AI tools are being widely adopted to improve efficiency. Major law firms in India have started integrating AI into their workflows. While this boosts productivity, it also raises concerns about the future of certain legal roles. 

    As the saying goes, “AI would not replace lawyers but will replace lawyers who don’t use AI”. To stay relevant, legal professionals must embrace technology, continuously upskill, and focus on areas where human judgment, strategic thinking, and empathy remain indispensable.

    Following up on the previous question, what are the key legal issues AI raises in the context of IP law?

    AI raises several complex legal questions in IP law because it challenges traditional concepts of authorship, inventorship, and ownership. For instance, most patent and copyright systems globally require a human creator or inventor but how do we address inventions or creative works autonomously generated by AI? Should the AI’s developer, user, or owner get the rights?

    Another major issue is training data. AI models are often trained on vast datasets that may include copyrighted works, raising concerns about infringement and fair use. Determining the originality of AI-generated content also becomes tricky when the model relies on pre-existing works.

    Additionally, protecting AI algorithms and models themselves whether through patents, trade secrets, or copyrights poses its own challenges, especially when the invention combines both software and data-driven elements. Courts around the world are grappling with these issues, and it’s prompting a re-examination of existing IP frameworks. As AI continues to evolve, significant legal reforms may be necessary to address these emerging challenges effectively.

    Looking back on your professional journey, what advice would you offer to students or young professionals aspiring to build a career in IP law, especially in patents?

    My advice to students or young professionals aspiring to build a career in IP law, especially in patents, is to stay curious and build a strong foundation in both technology and law. Patent law sits at the intersection of science, innovation, and legal reasoning, so having a genuine interest in understanding how things work is key.

    Second, be patient. The learning curve can be steep, especially when dealing with complex inventions or international legal frameworks. Also, focus on sharpening your writing and analytical skills, they’re at the core of good patent practice.

    Lastly, stay updated. With emerging technologies like AI, biotech, and quantum computing, IP law is constantly evolving.

    I would especially encourage science and engineering students to consider patent law as a career option. It’s a unique field where your technical background becomes a real asset, and the work is both intellectually stimulating and impactful.

    Get in touch with Davender Punia –

  • “While it may sound fancy to see lawyers speaking legal jargon, for me, a good lawyer remains to be the one who can explain the most complex solutions or strategies to clients in the simplest words.” – Vaishali Sharma, Managing Associate at ANAND AND ANAND.

    “While it may sound fancy to see lawyers speaking legal jargon, for me, a good lawyer remains to be the one who can explain the most complex solutions or strategies to clients in the simplest words.” – Vaishali Sharma, Managing Associate at ANAND AND ANAND.

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

    Given your background in science, what initially sparked your interest in pursuing a career in law? Was it a conscious decision to transition into the legal field, or was there a particular experience that motivated you to choose this path? Additionally, how has your B.Sc. degree contributed to your success and approach in intellectual property law?

    I was pursuing my post-graduation in biotechnology when I realised that the potential of research in the biotech industry in India was limited and still in its nascent stages. While researching on various themes for one of my presentations during my post-graduation days at Venkateshwra College (DU), I bumped into the intersection and close connect of patent laws with the research industry. This presentation on patent and design laws sparked my initial interest in exploring a career in law back in 2009. IP law felt the best way I could have stayed connected with the research industry as also utilising my years of education in science. While IP law in India was burgeoning, it was relatively less explored and niche for me and my batchmates at Venkateswara College as most students in my class were interested in pursuing a career in research and were leaving the country to prestigious institutes in the UK, USA and Australia. In fact, out of a batch of 20 students, I was the only one to have made a conscious decision to transition into the legal field and this transition did make many of my friends and relatives inquisitive of the career path that lie ahead for me and its potential.

    Having completed my law in June 2013, I waited anxiously for over 3 years for the patent agent exam which was put on hold (in view of Madras HC Order dated March 15, 2013 in Sp.Chockalingam vs Controller Of Patents (W.P. No. 8472 of 2006)) and eventually conducted only in November 2016. Meanwhile, in my initial years, I got immense exposure to a variety of all IP laws including trademarks, copyright, designs, biotech/ chemical/ pharma patent matters, advertising, marketing, promotional laws amongst others. This diversity in my work exposure and constant intent to deliver my best helped me gain massive knowledge and grow professionally in the industry in the coming years. In 2018, Anand and Anand was nothing less than a dream come true and my journey with the firm streamlined my career trajectory more centric around brand strategy and I have been fortunate to have learnt from amongst the best minds of the industry since then.    

    Despite this swift transition from patent to brands over the years, I feel my B.Sc. degree contributed immensely to the success and approach in intellectual property law and till date remains to be as relevant as ever with my current specialisation in pharmaceutical trademarks. Pharma industry not holding the glamour as that of fashion/ hospitality/ lifestyle industry, at times, may fall short of attracting young professionals at times, but it was clearly not the case with me as I was inherently inclined towards the industry due to my educational background and continue enjoying my work till today.  

    Given your specialization in pharmaceuticals, what unique IP challenges do you typically encounter in this sector? How do you address complex IP issues, especially in relation to patent protection, data exclusivity, and regulatory concerns within the pharmaceutical industry?

    The Pharma industry is considered to be the most sensitive industry as it directly deals with human health and hence demands a greater need for protection. The same is also evident by the latest Reports released by Indian Trademarks Office (TMO), which indicates that trademark filings in class 5 form almost 14% of the total applications filed. And majority of these filings come from domestic businesses reflecting a robust focus on domestic innovation and trademark protection efforts.

    Moreover, with patent expiry of many blockbuster drugs in this decade, Indian generic companies take advance notice and line up to encash on these patented drugs going public by ensuring timely efforts to block brand names adept for their drug launches. Likewise the biosimilar market is growing substantially in India and so are the companies’ efforts in ensuring brand protection remain at forefront. The Indian Courts as well as TMO, to keep up with the public interest, tend to adopt a more stringent approach in allowing pharma marks for registration. Consequently, special attention is being adopted by pharma companies which necessitates the need for exhaustive research while brand selection process.

    Apart from brand names protection, IP protection in pharma industry is being availed for various packaging, labels, logos, get up, layout, combination of colours of the pharmaceutical products. Also, unique tablet designs (for instance capsules with distinct colour combination, some specific numerals/ alphabets embossed on the tablet) and distinctive shapes of containers, bottles, kits among others can be registered as 3-D trademarks/ design registration. Traditionally, foreign MNCs were seeking these special forms of protection but more and more Indian companies are exploring these additional forms to create product differentiation and carve out a niche for their products. These complexities often prompt lawyers devising brand protection strategies for pharma companies to be maintaining an intricate balance of navigating the legal landscape while also delivering business centric solutions to clients in a cost effective and time bound manner. Meanwhile, with several media reports citing  instances where drugs having identical or phonetically similar names have been prescribed for treating different ailments, putting public interest at risk, the Central Drugs Standard Control Organisation (CDSCO) is taking cognisance of the issue. Here, building a database of all pharmaceutical products and combating this overlap of brand names in the market to avoid risk of confusion remains one of the biggest challenges for the Ministry.

    As you began your career, what were some pivotal learning experiences that shaped your professional journey and deepened your understanding of IP law? Could you share any key moments or challenges from the early phase of your career that had a lasting impact?

    Learning in law does not come quickly and constant perseverance remains the key to success. IP law is dynamic and one thing I realised early on in my career is that there is no substitute to reading and keeping oneself updated. With so much development happening in terms of AI law, digital privacy, consumer protection, regulatory developments, there is no shortcut, and the secret to becoming a good lawyer lies in at least spending two hours of reading every day to keep abreast and expand your horizon of learning each day. In fact, being a lawyer, when you meet clients, it’s not just law that you discuss but myriad other topics come into discussion, and one should have enough knowledge to be able to have a conversation around anything. Your knowledge on general topics, at so many times, acts like an ice breaker and makes conversations easier to start.  

    Attention to detail and providing simplified solutions to clients is another important early learning in my career. While it may sound fancy to see lawyers speaking legal jargon, for me, a good lawyer remains to be the one who can explain the most complex solutions or strategies to clients in the simplest words. I learnt this early on from one of my bosses’ who primarily used to approve my advisory but used to devote time simplifying my language to ensure it reaches the right message across to the client. These early learnings have remained with me since the start of my career, and I follow these religiously for all my clients. 

    With your extensive experience in intellectual property, what are some of the most common IP-related challenges you’ve faced, particularly when working with brands in the fashion industry? Could you provide an example of a specific case where you encountered such challenges, and how you navigated them to achieve a favourable outcome?

    As our country is moving towards premiumisation and looks towards its youth population (which is the largest all over the world) for the economy’s 5 trillion dream, our fashion industry has a huge opportunity to grow. The iconic fashion brands have all one thing in common and that is a unique distinct identity that these brands have created over their decades of existence. Be it the Louis Vuitton distinctive ‘LV’ logo or well known touille logo, famous Christian Louboutin red sole, Cartier love bracelet or Hermes’ globally reputed Birkin or Kelly bags, these brands have become status symbol earning immense global goodwill and reputation. Likewise, these international fashion brands, the Indian fashion industry have realised the importance of not only creating their unique IPs but also protecting them from being diluted or misused by third parties in an unauthorised manner. In fact, Mr. Safir Anand is known to have created an industry level specialisation in the fashion space having strategized for Indian fashion businesses to scale up by leveraging the power of IP. Arguing in one such matter (under Mr. Anand’s guidance) for a renowned Indian fashion designer, we were assigned the task of convincing the Hearing Officer as to how a selvedge technique could be a unique IP for the business. We were successful in a registration being granted eventually as the selvedge had aesthetic value and had acquired the goodwill and reputation amongst the audience so as to act as a source identifier for the brand. 

    As a registered patent attorney, how does your expertise in patent law complement your work in brand strategy, particularly when advising clients in product-driven industries? Furthermore, what emerging trends do you see in the intersection of intellectual property law, branding, and patent strategy, especially in the context of a rapidly evolving market?

    My patents background acts like a firm rooting in my working with clients as science provides an analytical approach involving systematically breaking down complex problems into smaller, testable parts, creating hypothetical situations, data collection through detailed research, and going beyond what meets the eye and critical analysis of the entire information at hand thereby allowing for a structured and objective evaluation to reach well-supported conclusions. 

    As regards product driven industries, companies often manifest and tend to intensify efforts into building layers of protection around their patented products and setting up a guarded shield to maintain market share. Such efforts are often amplified by building unique brands, creating distinctive taglines for advertising/ marketing purposes, creating copyrightable promotional material, fictional characters and protecting non-functional aesthetic features and products shape or pattern design amongst others. These additional forms of protection help the patented products to capture niche markets and create their own space in a product segment, which they may continue to hold even after patent expiration. One such popular example is Pfizer’s brand Viagra, which managed to maintain a substantial market share, even after its patent expiration in 2020. The resilience of the drug in the face of generic competition is a testament to the company’s strategic marketing and the drug’s strong brand recognition which played a crucial role in maintaining its market share. This is a clear example showing that concerted efforts in building brand and patent strategy in the context of a rapidly evolving market are crucial for a company to build a sound blueprint for their patented products. Moreover, with the procedural changes brought about in India since the enactment of the Commercial Courts Act, 2015 and setting up of IP Divisions of various High Courts post abolishing of IPAB in 2021, the enforcement regime in IP industry has become robust, which further allows companies to ensure effective enforcement and a well-fortified all rounded protection in product driven industries.

    In your advisory capacity for the Government of India, particularly with regard to the railway project, what were the key considerations you factored into your strategic advice on brand protection? How did you address the challenges of safeguarding intellectual property in such a high-profile government initiative?

    The said project was high stake considering a third party had raised baseless allegations to the project’s brand name just days before the inauguration. As the high-profile project launch had already been widely advertised and covered all across the news portals, it was vital for us to carefully handle the situation factoring in not only the legal considerations but also realising the extreme sensitivity, such that any kind of escalation at that particular stage would have negatively impacted the project launch. This required our team to sit and assess our points of defence in great detail and following an exceedingly cautious approach we were able to successfully and expeditiously conclude the matter out of court. Our team efforts were duly acknowledged by the government officials who appreciated our office’s conscientious handling of the case. 

    What advice would you offer to young professionals aspiring to build a successful career in intellectual property law? Are there any specific resources, tools, or strategies that you would recommend to help them navigate the complexities of the global IP landscape?

    I profoundly believe in Amir Khan starrer- 3 Idiots popular dialogue “Baccha Kabil Bano….Kamyabi Toh Peeche Bhagegi”. That is “Choose excellence and success will follow”. The dominant ideology in India, till date, remains to be building a successful career even if that costs sacrificing one’s passion for it. However, rather than focusing too much on success, in the early years, young professionals should focus on finding what interests them, gaining knowledge on a variety of subjects and identifying one’s strengths and passion. Law is a demanding profession, and we end up spending the majority of our daytime at the workplace, so how we spend our days is how we spend our lives. Hence, choosing a career of self-interest can lead to personal growth as well as an organization’s growth. Surrounding oneself with right connects on LinkedIn is also helpful as it exposes one to industry specific knowledge in addition to gaining academic knowledge. Further, all forms of IP are intertwined intricately in our daily lives and there are so many online certificate courses, news blogs, legal subscription newsletters on all forms of social media, free seminars/conferences/ webinars that can help you track latest updates in IP and if reading all this ignites one’s interest, you should not be holding back and jump in to explore the immersive and ever evolving IP field. In my daily routine, I find WIPO Global Brand Database and USPTO/ EUIPO official websites helpful in tracking international clients’ brand portfolios. Reading the latest case laws on a daily basis is also an indispensable part of my day at work.

    After managing such demanding professional responsibilities, how do you unwind and relax? In what ways do your hobbies contribute to your overall well-being?

    My most favourite way to unwind is to spend quality time with close family and friends. Additionally, being close to nature seeps in me a feeling of abundance making me realise nature’s beautiful amalgamation of the most complex structures in the simplest manner. Replicating this to our profession, I, invariably strive to render the most uncomplicated and easily manageable and executable business solutions to clients.

    I also love travelling to newer places and meeting new people as it pulls one out of their comfort zone and plunges one into the unknown. This remains to be a vital quality to succeed in law as real growth lies in exploring the uncharted territories, challenging yourself to learn new things as the intersection of law and business is extremely dynamic in nature and rapidly evolving. Being in the legal profession one should absolutely avoid becoming complacent or overly comfortable with one’s current performance and achievements, potentially causing a lack of motivation or lack of intent to take on new challenges/ maintain high standards in work, often resulting in stagnation and a decline in quality or productivity. 

    Get in touch with Vaishali Sharma –

  • “When I started to study law, I felt that this is one of the most organic educations, which not only deals with actual problems but also provides real solutions for real problems.” – Saurabh Anand, Senior Counsel (IP and Technology Law) at Akamai Technologies

    “When I started to study law, I felt that this is one of the most organic educations, which not only deals with actual problems but also provides real solutions for real problems.” – Saurabh Anand, Senior Counsel (IP and Technology Law) at Akamai Technologies

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

    What inspired you to pursue a career in law, and can you walk us through your journey from being a science graduate to becoming a notable practitioner in intellectual property and technology law? Who or what influenced your decision to transition into the legal field?

    I often call myself an “Accidental Lawyer”. I come from a background where my parents were doctor and teacher respectively. Hence, like any kid from a Tier-III city, my ultimate aim was to either clear the entrance examinations for medicals or otherwise complete my graduation in order to become eligible for UPSC examination. But, destiny had some other decisions for me. 

    When I could not crack any medical entrance examination, my parents enrolled me in B.Sc. Life Sciences at Kirori Mal College so that I can prepare for the medical entrance examination during the first-year college. To achieve this, they got me admitted to a coaching institute as well and for the whole 1st year of my graduation, I was doing both. However, till that time my interest in medical examinations started to dwindle and I gradually gravitated towards the world of science. I would like to highlight here that since beginning, I was not the one who can walk on a conventional path. Hence, during my graduation, a non-conventional course, B.Sc. Life Science and a motivating mentor, Professor Rajni Gupta, helped and guided to get a scholarship from Government of India, under the name of Kishore Vaigyanik Protsahan Yojna. While working on my research, during the third-year of my graduation, I got exposed to the very first concept of “patents” which kind of fascinated me. Everyone in the college was super sure that I will continue to work in the field of science and then came a second change in my academic career. 

    My father, a retired Government servant, guided me to sit for UPSC, however I was not prepared for that. Then came my all-time mentor, my mother in the picture, who supported me in my madness and supported my decision. With the sole intention to be around UPSC aspirants, I gave the entrance examination for Faculty of Law, University of Delhi and I still don’t know how I cleared it. All said and done, within a month from a research scholar in science, I became an UPSC aspirant in the first year of my LLB. When I started to study law, I felt that this is one of the most organic educations, which not only deals with actual problems but also provides real solutions for real problems. This shift kind of stuck with me and gradually I decided to give it a try with all my energy and dedication. This was the first time I became aware of Intellectual Property Rights and how I can actually weave my science degree with law. 

    I started to gain more experience by way of internships and gradually landed with Singh and Singh, where I got an opportunity to work with some of the best legal minds in the field of patents. My mentors there guided me as to how my science background can be utilized in the legal profession. Thereafter, I got an opportunity to work with K&S Partners, which not only provided me with a platform to work on allied areas of Intellectual Property Laws but also provided experience of working in multi-jurisdictional courts and with multi-jurisdictional counts. Needless to mention, colleagues at K&S Partners, and primarily Mr. Ravi Bhola, were always supportive of my non-conventional ways of approaching any problem. With this exposure, my interest gradually tilted more towards allied areas of Intellectual Property Laws, which in general parlance, we call it Technology Laws and then I got an opportunity to work with Akamai Technologies, where I am currently working. 

    In short, I would say circumstances, my mentors and to some extent my non-conventional mindset, are key contributors in my legal journey so far. 

    As a Senior Counsel at Akamai Technologies, you’re dealing with cutting-edge issues in cloud computing, and intellectual property. What are some of the most exciting aspects of working in this field, and what challenges do you often encounter?

    The most exciting part of my job at Akamai is the opportunity which I get to solve real business problems. As Akamai operates in different jurisdictions across the world, it becomes equally important for us to be at least aware of the law of the land which can be applicable on our services. As I primarily look after Technology Law issues, it becomes all the more important for me to understand how law is shaping up in relation to our existing or any prospective product set. Hence, I would sum up the exciting part of my job as under, as opportunities to:

    1. understand business;
    2. understand a business problem;
    3. to learn and apply legal varies areas of law to solve a business problem.

    Having said that, it is very difficult for me to docket challenges at my current job, because I see these challenges as an opportunity to grow, which further satiates my non-conventional mindset. However, I do want to call out some operational challenges, like working across multiple time-zone issues, which everyone will face while working for a multi-jurisdictional organization. But, this is something which varies from organization to organization. I am glad that at Akamai, it is never an expectation to remain available across multiple time zones and all the colleagues constantly endeavor to remain available in a time-zone which is less cumbersome for the other. 

    You handle various transactional documents and engage with law enforcement authorities globally. How do you stay updated with the rapidly evolving legal landscape, especially in the realm of technology and data privacy?

    Yes, as a part of my job, it is an unsaid rule, that although I have educational background in Indian laws, it is an add-on, if I have a working knowledge of the legal landscape of other jurisdictions as well. My first source of truth for understanding legal requirements outside India, are my colleagues, who are trained in laws for that jurisdiction. One need to understand here that you cannot gain or remain updated with ever changing legal requirements across the globe without having collaborative working relationships with your peers in those jurisdictions. Hence, before doing desktop research, I always rely on the expertise of my colleagues and one should always follow this. In today’s era, where information is accessible at your fingertips, I have seen individuals giving knowledge on laws of other countries. But, I always follow the differentiation between theoretical and practical knowledge, because it is the practical application of any law which will give you a solution and not the theoretical knowledge. 

    Having said that, for an individual’s growth and to quench my thirst for knowledge, I always try to read comparative analysis of any law across the globe with Indian laws. This helps me in identifying the differences and those differences are the key to understanding any legal landscape around the world. One can always refer and reply to comparative analysis prepared by good law firms or think tanks, to begin with.  

    As a registered Indian Patent Agent, what are some common misconceptions or challenges that an applicant/patentee often faces regarding intellectual property rights, and how did you address them while you were litigating?

    There were two critical issues which always used to come while I was doing patent litigation. First and foremost, was whether a patentee is inviting revocation proceedings by suing the other party. Second one was, how to assess damages before initiating any litigation, so that a patentee can do cost benefit analysis well in advance. 

    For the first issue, my response was pretty simple. I always used to advise my client that if you have taken a business decision to apply for a patent, that decision should also include the decision to defend that patent for its lifetime. Because a patent, whether sitting  idle or going to be enforced, will remain vulnerable to get challenged during its entire lifetime. 

    For the second issue, my advice was to at least get a presumptive idea of loss which they are facing, because of the infringing activities and gather clear and cogent evidence to substantiate the same. Reason being, granting damages are within the jurisdictional realm of court and our duty is to give clear and convincing evidence to the court to assist the court in arriving at a particular decision. 

    Considering your extensive expertise in intellectual property laws, what advice would you offer to the current generation of law students aspiring to build a career in this field?

    My advice to the student would be to first focus on developing a strong grasp over concepts of law and the same can be done by not only reading the statutes but also understanding how a statute was applied to solve a real time issue. A law student in his/her journey should do two things: read judgments with the mindset as to how a statute/legal principle was applied to solve the issue at hand and secondly, to gather experience by way of internships. I would like to highlight here that I am aware that getting internships is not an easy cakewalk for all the law students from different law colleges, because I faced the same issue. But in today’s world there are organizations like LawSikho who are actually guiding and helping students. Having said that, I always believed that actual application of law can be best understood in Courts and this is something which I did when I was a law student. I did not wait to hear back from an organization on my internship application, I simply went and knocked the doors of multiple practicing advocates in the Trial Court, and most of them helped me in understanding practical nuisances of law. I am ardent believer of this phrase:

    “You will never know what is there on the other side of the door, until and unless you knock and ask. At the best you will get a clarity, which door to knock later and which door should be avoided”

    Looking ahead, what are some emerging trends or legal challenges in the field of IP and technology law that you believe will shape the future of legal practice, both in India and globally?

    IP and technology law evolves with evolving technology. With the current set of technology in place, based on my set of expertise, I would bet on Artificial Intelligence, which has the potential to be evolved as a separate area of practice in law. 

    You’ve authored several articles and publications on intellectual property rights and patents. What motivates you to share your insights and knowledge with a broader audience, and how do you approach the process of writing on complex legal topics?

    Writing articles is my way of keeping myself abreast with the evolving areas of law. I have been an ardent believer of the logic that when you write, you learn more. And the beauty of writing articles is that you get feedback from either your peers or from someone who has more experience than you. 

    Before writing on any subject, there are two things which should be kept in mind: whether the topic is relevant in the present set of circumstances and who your audience is. Once you have cracked this, it is your responsibility to state the correct facts and for which I am very stringent to only rely on trusted sources, like the statute itself, or the judgment itself. 

    You transitioned from your role as a Senior Associate at K&S Partners to an in-house Counsel. Can you share with us what motivated this transition and how it has impacted your approach to legal practice?

    My motivation for this transition was to keep myself in pace with the changing legal landscape. While litigating, I was exposed to certain issues which was mostly relevant from the applicability of Indian laws. However, when working with clients from different jurisdictions, I became aware as to how other jurisdictions are looking at similar issues with a different legal angle which I was looking at from Indian legal requirements. This quest to learn more on multi-jurisdictional approaches, helped me to make this switch. Needless to mention here that at this stage of career you cannot take such decisions without the support of your family. Here, I would like to give a shout out to my wife, Meghana, who herself specializes in IP litigation, in supporting my non-conventional decision here.  

    My decision has definitely impacted my approach to legal practice, because in India, we often see in-house Counsel as an intermediary between client and its outside counsel. However, after joining Akamai, this myth got broken for myself, because the role of an in-house counsel is to understand the business requirement and give a legal solution for that requirement. 

    Having transitioned from roles in litigation to that of an in-house counsel, what notable differences did you find in the nature of work, challenges faced, and overall professional satisfaction? How did these experiences shape your career trajectory and approach to legal practice?

    While I think I have captured the issues around the nature of work and challenges faced in my earlier answers, I can probably focus here more on professional satisfaction. For me, the definition of professional satisfaction keeps on changing because I always understand and foresee a legal career as an organic career, which keeps on changing with the changing issues in society and technology. I joined Akamai with the sole interest to understand the application of intersection of multi-jurisdictional law on the evolving technologies. This still remains relevant for me with the present set of affairs. In a nutshell, I was fortunate to shape my career based upon my experiences and one should always remain open to changes.   

    Apart from your professional pursuits, do you have any personal hobbies or interests that you find equally fulfilling? How do you balance your passion for law with other aspects of your life?

    In my circle, I am known for my passion for driving. While this may not be considered as a hobby or interest, for me somehow it helps in clearing my head. While I am not quoting from the famous series, “the Lincoln Lawyer”, driving is something which has stuck with me from the very early ages of my life and is still continuing. While some people confuse this with the passion for new cars, this is not the case. I enjoy driving with whatever I have, I have and what I aim to have (off course keeping in mind the budgetary constraints ☺).

    For me there is no requirement to balance my passion for law with other aspects. Like driving is a passion for which I will not compromise on anything, similarly for learning new legal nuisances, I do not have set boundaries to learn. I believe that you tend to balance and make time for things which you are forced to do. For your passion, you should not be balancing your time with other things in life. While there are priorities in life for which you need to give time, but whenever you have time give priority to your passion, whether for law or for driving or for anything else. 

    Get in touch with Saurabh Anand–

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    Get in touch with Nishi Shabana-

  • “A Journey from Pharmaceuticals to Patents: Clearing the Patent Agent exam with All India Rank – 1”- Sachin Bindal, Partner and Patent Attorney at K&S Partners Unveils His Path to Success

    “A Journey from Pharmaceuticals to Patents: Clearing the Patent Agent exam with All India Rank – 1”- Sachin Bindal, Partner and Patent Attorney at K&S Partners Unveils His Path to Success

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

    Sachin, your professional journey is quite impressive, spanning the realms of pharmaceuticals, law, and intellectual property. What sparked your curiosity in Intellectual Property, eventually leading you to become a partner and patent Attorney at K&S Partners? 

    My first exposure to Intellectual Property is in my academic life when I was pursuing M.Tech. (Pharmaceutical technology) from NIPER, Mohali. We had a course curriculum that also includes a 6-month course on Intellectual Property (IP) conducted by the head of the IP cell of NIPER Mohali. There, I got to know about Intellectual Property rights and general patent laws across the world. My first-hand experience in patent drafting was from my research project on anti-cancer molecules. I myself conducted prior art patent searches and drafted two patent applications at that time in the institute, which were also granted by the Indian Patent Office later on during the examination of the applications. I think that was the time that sparked my curiosity towards Intellectual Property rights, particularly patents and the intersection of science and law.

    Achieving All India Rank – 1 in the Patent Agent exam is a significant accomplishment. Can you share some thoughts on the perspective on patent law and the role it plays in innovation?

    Indeed, clearing the patent agent exam that too with AIR-1 is a memorable achievement for me. I think patent law motivates innovators to create something new for the benefit of society at large. Patents drive innovation and create a significant impact on the ground. Innovators disclose their inventions in return for an exclusive monopoly for 20 years. After 20 years, the invention is open to the public for its use. This way, both are benefited, and the innovation cycle keeps on evolving. 

    Being recognized as a Rising Star and Notable Practitioner by Managing Intellectual Property is a significant achievement. How do you balance staying at the forefront of your field?

    I thank all my colleagues at K&S Partners for guiding me and making me what I am today. I think the IP landscape in India is changing at a fast pace. All the stakeholders in IP – government/private are really contributing to the country’s evolving IP landscape. I try to keep abreast of the latest developments in Intellectual property, particularly patents and any policy updates in this area. Importantly, I also learned a lot of things related to the peculiarity of patent matters of my clients during prosecution before the Indian Patent Office. Overall, as usual for other law subjects, this field also requires regular upgradation of knowledge/understanding of patent laws.

    Your research on the anti-cancer domain earned you the Best Poster Award from a Nobel laureate. Can you tell us a bit about the research and have you patented this anywhere?

    The research was on an improved process for preparing some anti-cancer compounds. Normally, preparing said anti-cancer compounds at that time was very tedious and time-consuming with very little yield in previously known methods. We, as a part of the research team, developed certain new efficient processes and validated the same in labs. Finally, we presented a poster at a scientific conference in CDRI, Lucknow. Fortunately, my poster was selected for the best post award from a Nobel Laureate Dr. Grubbs who pioneered in olefin metathesis chemistry. We did file the patent application in India for said new processes and secured the grant from the Indian Patent Office.

    In your 13 years of professional experience, what challenges have you encountered, and how have you innovatively addressed these challenges for the benefit of your clients?

    As I practice in the pharmaceutical/chemical area, I have handled numerous contentious issues that arise during prosecution of patent applications in India. I have also dealt with several patent oppositions filed by Opponent by way of pre-grant or post-grant opposition. I always make sure to inform my clients timely and my recommendations for any case and seek their inputs. Sometimes, experimental data/additional information is required for defending patent applications and I accordingly try to strategize the case based on the facts/merits of each matter.

    Beyond your professional life, what are your personal interests, and how do you ensure a balance between your demanding career and personal pursuits? Additionally, how do you stay updated on the latest developments?

    I love travelling and like to explore new places. In any demanding career, it is also equally important to take out some time for your mental well being. I personally always try to balance work demands and personal goals and take breaks as and when required.

    To stay updated with the latest development in IP, I strongly recommend cultivating a habit of reading. I personally mark the important articles/judgements in my area of interest and read in my available time.

    Given your extensive experience in patent prosecution and enforcement, what advice would you offer to aspiring patent attorneys or those considering a career in intellectual property law?

    IP is a lucrative field and I am noticing that a lot of law/science graduates are willing to pursue IP as a career option. For aspiring patent attorneys, I would strongly recommend having strong technical expertise in scientific research in the first place and at the same legal acumen to comply with the Indian Patents Act. It is important for them to have a basic understanding of the Indian Patents Act.

    Case laws are really helpful to know beyond the legal language of Patents Act and to be able to provide practical advice in each patent case. Particularly for students of pharmaceutical/chemical background, I strongly suggest having a general understanding of Section 3 of the Patents Act since lot of objections from Indian Patent Office falls within this category and how they can deal with the same.

    Government conducts patent agent exam every year and a thorough understanding of the Indian Patents Act and rules thereof is required to pass the exam to become eligible to practice as a patent agent before Indian Patent Office.

    Get in touch with Sachin Bindal-

  • 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-

  • 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-

  • 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-