Super Lawyer

Tag: Patents

  • “My journey into law was a choice of passion over convention, fueled by a desire to explore intellectual property rights and make a meaningful impact in the field.” – Vibhav Mithal, AI & IPR lawyer & Associate Partner at Anand and Anand.

    “My journey into law was a choice of passion over convention, fueled by a desire to explore intellectual property rights and make a meaningful impact in the field.” – Vibhav Mithal, AI & IPR lawyer & Associate Partner at Anand and Anand.

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

    Hello and welcome to SuperLawyer Youtube channel. And once again, we are here with a phenomenal personality Vibhav Mithal and a very dear friend. I have known him for more than a couple of years now. Welcome Vibhav. Thank you for agreeing to this interview. And yes, I should introduce him as a partner at Anand and Anand and other than that, he will carry forward with his own story.

    I would request you to tell us about your journey into the legal field, and how you decided to become a lawyer, especially in intellectual property rights, which you are fascinated about and have made a name in. What inspired you to specialize in such a niche area? And please take us through your journey. Welcome Vibhav and thank you.

    Thank you so much, Divya. It’s an absolute pleasure to do this with you. I’ll start from the beginning of my journey. My parents are doctors, and there’s a conventional expectation in India that a doctor’s son will become a doctor or an engineer’s son will become an engineer, right?

    My father told me clearly, “Son, you won’t be able to do engineering,” so it was between medicine or another profession. I honed in on law because, at that point, it was more a process of elimination. I didn’t want to do engineering, and although I considered medicine, I wasn’t sure. Both my parents cast long shadows, being very successful in their fields. I felt that pursuing law would give me the flexibility to move into journalism, which interested me at the time. I was heavily involved in theater during school, and I thought I might explore laws around theater and playwrights, or perhaps even pursue an MBA after law school. Thus, I chose law, keeping my options open.

    Once I made up my mind, I started coaching during class 12. Even though I was busy with my board exams, I began career launcher coaching from SDA market in New Delhi. I remember this very clearly; it was back in 2007-2008 when I took the CLAT exam while also preparing for my 12th boards. Despite taking up the coaching, I couldn’t focus entirely on it because I prioritized my 12th exams. However, I was very mindful and present during the coaching classes, which were held every Monday from 5:30 to 7:30 PM.

    By the time I reached the CLAT exam, I had a good understanding of how to approach competitive exams. I also did a crash course with Career Launcher in April before the exam. Fortunately, I made it to NUJS, Calcutta. I had a clear strategy for the CLAT exam, knowing how many marks each section was worth, how much time to allocate to each section, and the order in which I would tackle them. I prepared thoroughly for the black-and-white sections like GK and English vocabulary, while practicing the more nuanced sections through mocks.

    NUJS was fantastic for five years, but I won’t go into too much detail. Moving on to the question about intellectual property, one of my uncles, Ratan Masaji, introduced me to the concept when I was in my second year of law school. We were at the Indian Habitat Center, having tea on the terrace, and he mentioned an IP case. The idea of intellectual property intrigued me

    By the end of my third year at NUJS in May 2011, two significant events occurred. First, I interned with Geeta Luthra, a renowned civil litigator, which ignited my passion for litigation. It was an intense internship, with long hours from 10 AM to 1 or 2 AM, spanning four weeks. During this period, I experienced the trial courts in Delhi, which remained active until June.

    The second notable event was meeting Rodney Ryder, a prominent figure in intellectual property law, in CP. He shared his experiences and recommended I read “Rembrandts in the Attic,” a book on intellectual property rights and monetization, particularly focusing on patents. This book, written in the early 2000s, discussed the evolving perception of intellectual property in America.

    After reading the book in the summer, my fourth-year courses in intellectual property began. My professors, Anirban Majumdar (copyright law), Vishwas Devaiya (trademark law), and Shamnat Basheer (patent law), further solidified my interest. Anirban sir’s teaching resonated with me, especially due to my background in theater. Shamnat sir shifted my focus from copyright to patents, and Vishwas Devaiya sir introduced me to trademark law.

    By the end of my fourth year, I was certain about pursuing intellectual property law. Despite being in the top 20 of my batch, I chose not to participate in placements. My commitment was clear to my peers, who often went on weekend trips while I focused on internships and coursework to enhance my CV.

    In my final year, I faced pressure from my mother to consider placements, but I remained steadfast in my decision to specialize in intellectual property. I dedicated my time to relevant internships and coursework to ensure my CV reflected my focus on IP. This was a stressful period as IP litigation jobs were scarce.

    Fortunately, in March 2013, Anand and Anand held a recruitment fair at my college. I was interviewed and selected the same day, about 40 days before my final exams. The interview, which has become part of ANA folklore, involved questions on patent law and the concept of a person of ordinary skill in the art. My current boss and Mr. Anand himself conducted the interviews.

    This journey, from my third year to securing a position at Anand and Anand, highlights my commitment to intellectual property law and the steps I took to achieve my goal.

    Your story is truly fascinating, especially how you were so determined to focus solely on intellectual property litigation. This field is still quite niche and hasn’t become mainstream yet. Thank you for your dedication, as it ensures we have skilled lawyers in India who specialize in intellectual property litigation.

    With that in mind, you must have witnessed significant changes over the past decade in this field. What kind of advancements or enhancements have you observed, and how have you contributed to these changes? Please share your story.

    I think one of the main aspects of changes in intellectual property law over the last decade is my tenure at Anand since I left law school. One important thing for the audience to understand is that Anand and Anand is a pro-IP firm.

    We protect and enforce intellectual property rights, standing up for the IP owner across various fields, including trademark law, patent law, and copyright. For instance, in patent law, we represent the patentee, such as a cancer drug owner. In trademark law, we stand with brand owners, and in copyright law, we support individual artists or singers against any opposing party. The changes we’ve seen in IP law are viewed through this protective lens. Much of the intellectual property rights litigation occurs at the Delhi High Court.

    Let me highlight two to three major changes in IP law from different perspectives. First, regarding the reliefs granted by the court: On my first day on the job, my immediate boss handed me the 275-page judgment passed by Justice Manmohan Singh in the Roche Cipla patent infringement dispute. This was the first lawsuit filed under the Patents Act of 1970 after the product patent regime had begun. My first two and a half years involved being part of the Roche versus Cipla appeal. Roche, a cancer drug maker, had initially lost before the single judge, and the first appeal was before the division bench. During this process, I learned a great deal about patent law, conducted extensive research, and honed the art of handling complex matters.

    A significant change occurred on November 27, 2015, when we won that appeal. The court laid down several concepts of patent law and jurisprudence, particularly in the context of pharmaceutical patents, which remain relevant today. This victory marked a shift towards a pro-patentee stance about two and a half years into my profession.

    In terms of substance, trademark law reliefs have blossomed, now including costs and damages against infringers. Copyright law jurisprudence has also been evolving and growing. The reason I emphasize this from a patent perspective is that it illustrates how jurisprudence evolves, especially in the more nuanced areas of law.

    Another significant experience was my involvement in the Monsanto dispute at the Supreme Court level after returning from my LLM. This dispute provided a different type of experience, where I was not only the most junior member but also deeply familiar with the case files.

    So, the issue was more in the context of patent eligibility tests. Simply put, it was about determining whether an invention qualifies as a plant variety, a gene, or something else. The court was able to understand the various legal issues, set aside the decision of the division bench, and sent it back to a single judge for reconsideration and trial.

    I highlight these points from a patent perspective to show how courts adeptly understand the nuances of legal issues. Outcomes can vary, but this change shows progress.

    The second change relates to procedural aspects. In India, associates involved in litigation ensure that once a lawsuit is filed and summons are served, service is coordinated through their office. I remember in 2015, about two years into my career, I had to serve a defendant in a foreign country. I got their address from public domains and gave it to our courier service, but they reported the address as incorrect. This led to a lengthy argument, as an incorrect address meant the defendant wouldn’t be served, prolonging the litigation unnecessarily.

    One notable change is the introduction of WhatsApp service by the Delhi High Court in 2018, which streamlines this process. Additionally, procedural laws have evolved, imposing strict timelines. If a written statement isn’t filed within 120 days, the right is forfeited. Previously, after filing a written statement, separate processes like admission denial affidavits would extend the timeline significantly. Now, these processes are clubbed together, expediting litigation.

    For example, in 2022, post-COVID, I handled a trademark case where the defendant had no viable defense. We moved for summary judgment, argued, and received a favorable ruling, saving the client’s costs for a full-fledged trial. These changes, largely due to the Commercial Courts Act, recognize IP as a commercial dispute, altering litigation timelines and procedures. The Delhi High Court’s rules also include WhatsApp service, reflecting significant procedural advancements.

    Lastly, with the abolition of IPAB, the Delhi High Court’s Intellectual Property Rights Division now handles both IP infringement cases and appeals from the registry. This has expedited the resolution process; for instance, two trademark appeals were decided within 36 days.

    For students and new practitioners, these rapid changes require a clear understanding of timelines and meticulous planning. While litigation often focuses on immediate deadlines, having both a macro and micro view is crucial. Balancing short-term responses with long-term planning helps navigate the evolving legal landscape efficiently.

    Your explanation is meticulous. Your ability to recall dates, days, years, and everything in such detail is impressive. It’s not easy to maintain that level of precision, and it’s commendable.

    As you mentioned your LLM, could you elaborate on that a bit more? Specifically, what differences did you notice between the study process in India and in the US? A comparative analysis would be very insightful. Additionally, how did your thought process change after completing your LLM and returning to rejoin your work? Would you be willing to share those experiences?

    Of course, it’s an excellent question. Before I address the differences and changes, I think it’s essential to first discuss when to pursue an LLM. The decision is highly personal.

    An LLM’s value depends significantly on what you make of it. One of the most crucial aspects of an LLM is how you utilize the program, the choice of the program, the professors, and the course combinations. How you spend your time in the program defines your LLM experience and impacts your time after completing it.

    Whether to pursue an LLM immediately after college or after gaining work experience is a personal choice. I chose to do it after working for a few years for several reasons. Firstly, you gain better clarity about your goals with an LLM after having two to three years of work experience. While two to three years of work experience is ideal, a minimum of two years is necessary. This experience teaches you discipline, how to handle stressful situations and deadlines, and it clarifies your mind after some time in practice.

    For instance, if you’re practicing in a specific area, you might decide to pursue an LLM in that same field. In my case, I was practicing intellectual property law and chose to do an LLM in the same area because my practice confirmed my interest in intellectual property. However, it could have gone the other way. After two or three years in intellectual property practice, I could have concluded that I wasn’t enjoying it and decided to pursue an LLM in a different field.

    There are advantages to gaining work experience before pursuing an LLM. The overall LLM experience is different because, with work experience, you don’t get overwhelmed by tough professors, challenging assignments, or grading concerns. You’re able to handle situations on their merits and substance, focusing on what you want to learn without being overly concerned about grades. This clarity often comes with work experience.

    Additionally, work experience helps you decide which LLM college to attend. I had a few options, but I chose to attend Boston University School of Law for their niche LLM in Intellectual Property program, even though it didn’t qualify me for the US bar exam.

    Of course. It’s an excellent question. Before I address the differences and changes, I want to first discuss when to pursue an LLM. This decision is a personal choice.

    I made a conscious decision in my journey. I remember having an informal interaction with a leading law firm in the US. They mentioned that they had encountered many Indian lawyers who come to America, but I was the first one they met who didn’t intend to take the bar exam or even choose a course that required it. I explained that given my job experience and exposure in India, achieving an equivalent position in America would take three to five years, perhaps even less, but it would still require significant time. Therefore, the bar exam was not a priority for me. Instead, I focused on learning intellectual property.

    During my studies, I took diverse courses, including Trade Secrets Law, Food and Drug Administration (FDA) Law, and an IP Workshop at Boston University School of Law. In the IP Workshop, we critiqued leading academics’ papers, including one on the Oracle-Google Java API copyright dispute, which the US Supreme Court later decided in favor of Google. I wrote a paper supporting the copyright owner, diving deep into the history of the dispute.

    This academic course, seemingly detached from practical practice, taught me to understand and formulate arguments based on the underlying positions of opposing papers. This skill has been invaluable, even aiding me in the Monsanto decision when I returned to India.

    In terms of differences and takeaways, one significant aspect of American legal education is the required study time. For every hour of class, an average reader needs at least three hours of study outside class. For instance, 10 hours of class time a week, or 10 credits, translates to 40 hours of study. This means dedicating eight hours every day, Monday to Friday, solely to studying.

    Each lecture comes with assigned readings, and professors ask questions based on these readings. If you’re unprepared, you’ll fall behind and have to catch up on your own. Staying on top of readings is crucial for continuous learning. Professors will push you if you’re diligent. For example, in my Food and Drug Law course, my professor encouraged me to compare the biologic and biosimilar regimes in India, rather than taking an end-semester exam. She is an authority in the food and drug space, and her guidance was invaluable.

    This commitment to preparation and engagement defines the American law school experience and is a key difference from other systems.

    I ended up writing a 70-page paper for that course, not because I had planned to, but because the professor engaged with me continuously, rather than assessing me on an end-semester exam. She kept giving me deadlines, saying things like, “I like the discussion. Why don’t you come back with a title next week?” So I went back with a title. Then she said, “I like the title. Why don’t you come back with an abstract next week?” I wrote the abstract. Then she said, “Now that you have the abstract, let’s work on the informative portion of the paper, and then we’ll come to the analysis.” This created a different kind of engagement.

    On the academic side, the LLM experience involves investing in your education and studies. However, an equally important aspect is the exposure outside the classroom, where you meet people from different countries. During orientation, I made sure to meet every single batchmate. This is common across any law school, but I made a concerted effort to connect with everyone. As a result, my friend circle grew to 16 people from 11 different countries. Despite the craziness of studies, we managed to do three trips together. We went to Mexico during spring break with half of the group, and after exams, all 16 of us took a trip to Cape Cod in Massachusetts. We rented a large house that could accommodate all of us, which took half an hour just to explore fully.

    One memorable moment was when we arrived at the house in May, around this time of year. The American winter had just ended, and summer hadn’t fully started yet. We got there around noon, but by 7 PM, we realized no one had entered the kitchen, and we were all hungry. We discovered the stove didn’t work, so we called the person who arranged the rental. He panicked, saying he would send someone to fix it, but that person didn’t speak English. We assured him it wasn’t a problem, given our diverse group from 11 different countries; we would manage.

    This experience highlighted the value of an LLM beyond academics. It teaches you many skills and builds lasting friendships and big ideas. It’s been seven years since I finished my LLM, and I’m still in touch with my alma mater, BU Law. I even spoke there recently. We had a reunion in 2019, reinforcing the strong connections formed during that time. My LLM books are still on my shelf, and I refer to them when needed. Some recent matters I’ve worked on directly relate to my LLM studies, particularly in IP law.

    An LLM experience isn’t just about ticking off a checklist; it’s about growth and development, both consciously and subconsciously. It’s important to be clear about why you’re pursuing an LLM and how you intend to use it. The combination of professors and courses you choose is crucial, but so is enjoying the journey. My schedule was set: I studied from Sunday to Friday evening, then spent Friday evening and Saturday with friends. Saturday morning was for house chores and a bit of study, and Sunday was dedicated to studying. Every weekend, from September until graduation, we had fun on Friday and Saturday nights. Looking back, I feel like I balanced my studies and social life well, and I certainly made the most of my time with friends.

    Wow, what a fascinating journey you have had! I don’t know whether you planned it all or if it just happened flawlessly for you, but you always seem to achieve the best possible outcomes in whatever you do. From my experience with you on AI and law, as well as AI and IP, I can certainly attest to that.

    As you enjoyed your LLM and your work with Anand and Anand, where you decided to prioritize IP, it has clearly become your niche. You are now an authority in the field. I want to ask, how did you come to love AI and law, as well as AI and IP, in the same manner? What prompted this interest, especially since you started working on it long before it became a popular topic? Additionally, could you please share your perspectives on the current impact of AI on IP and what you foresee in the future, given your extensive experience?

    Thank you for that question. My interest in AI is something that often surprises people, both at my workplace and elsewhere, especially considering my passion for IP. They often wonder how I got into this field. I think it boils down to a couple of key factors.

    First and foremost is curiosity. I’ve always been curious, and AI intrigued me way back in 2019, just two years after completing my LLM. Second, my brother-in-law, who is heavily involved in AI, played a significant role. Similar to how I had a masaji who spoke about IP, I had a jijaji who mentioned AI in conversations. Additionally, in 2019, Mr. Anand organized a moot court focusing on AI issues, which led to further discussions and piqued my interest in AI.

    The real turning point came during the COVID lockdown. With the extra time on my hands, I stopped watching TV by mid-April 2020, just a month after the lockdown began. Instead, I started reading more. I came across articles by Karen Hao, who wrote for MIT Technology Review and published a weekly newsletter called “Algorithm.” Her writings sparked my interest further. I even wrote to her, and she knows about my admiration for her work.

    Around the same time, I joined the MKAI (Milton Keynes Artificial Intelligence) community. They held weekly events on AI, which I found fascinating. They also had a WhatsApp group for discussions. By November 2020, I was actively participating in these discussions, dedicating an hour or so each evening to reading, responding, and sharing my views instead of watching TV.

    This routine continued for about six months until Richard Foster Fletcher asked me to become the voluntary head of the MKAI community in early 2021. I held this role until the end of 2022. During my one and a half years with MKAI, we conducted numerous LinkedIn Live sessions, where I often served as the lead panelist. This period significantly enriched my understanding and involvement in AI.

    So, my journey into AI began with curiosity and was fueled by influential people and timely opportunities during the COVID lockdown.

    My journey into AI ethics began with what could be termed as a long-distance LLM, or an interactive LLM, if you will. Monthly events and my role as a lead panelist in LinkedIn Live sessions required extensive reading, sparking my interest in AI ethics. One particularly impactful read was a book on AI ethics authored by Mark from MIT, alongside literature on machine learning and “Transforming in the Age of AI,” which I began exploring in 2020, just before COVID-19. These discoveries were driven purely by curiosity.

    Soon after, I became involved with a Springer journal titled “AI Ethics,” joining its peer review board upon nomination. This marked my formal introduction to the field. Subsequently, my tenure as voluntary head of community at MKAI, an organization dedicated to general AI, spanned one and a half years. MKAI proved invaluable for anyone looking to delve into AI and establish themselves in the field.

    My involvement with MKAI coincided with my joining ForHumanity, a role closer to home as they were then developing an AI systems audit framework under data protection laws. This move solidified my commitment, and I haven’t looked back since. With ForHumanity, initiatives like Koli Team India were launched, focusing on India’s AI policies from 2021 onwards. We meticulously reviewed the national strategy, responsible AI reports, and contributed to shaping the AI audit scheme proposed in the withdrawn data protection bill. Throughout 2022, I actively participated in responding to industry calls for comments, forging connections that furthered organic growth.

    LinkedIn played a significant role during this period, facilitating high-quality interactions and connections across the globe, especially during the COVID-19 pandemic from 2020 until early 2022. Although initially centered on IP and AI debates, my focus evolved towards understanding AI comprehensively—exploring AI ethics, responsible AI, and its ethical implications. This broadened perspective led to collaborations with industry bodies and engagements with legal aspects, particularly concerning generative AI and IP issues.

    My involvement extended to providing initial feedback to NASSCOM on their generative AI guidelines, an effort recognized in their published report of June last year. These experiences have shaped my understanding of AI from a legal lens, highlighting its impact on intellectual property and sparking debates on ownership and authorship.

    Looking back, my journey has been defined by a deliberate curiosity and a strategic choice in how I allocate my time. Engaging with AI holistically, I’ve maintained a non-technical approach, leveraging my legal background to translate ethical considerations into responsible AI practices—focusing on data protection, IPR, and security implications. As the landscape continues to evolve, my commitment remains steadfast, anchored in a clear understanding of AI’s legal implications and its transformative potential.

    Wow, “Chip War” is one of my favorite books. Yes, Lord Tim Clement. I’ve read a lot about him and have interacted with him a couple of times. I enjoy how with every sentence he speaks, there’s always a book reference. That’s something that makes me really happy. It’s rare to find someone who always has a book to refer to, and I love that. I’m an avid reader myself. I have all the books in the series, like “Chip War,” “Breached,” and others that explore AI and law from a non-technical perspective. It’s important not to always view it from a technical standpoint.

    Knowing you as someone who demystifies AI from a non-technical angle, I’d like to ask: What key points do you think everyone should understand about AI, not just from a technical standpoint but also from a legal perspective? Additionally, for students and young lawyers in fields like litigation or IP law, how do you suggest they approach building a career similar to yours? What should they focus on as law students or early-career lawyers?

    I appreciate these insightful questions. I’m glad to see the flow of our conversation touching on various aspects. Let me share my journey, focusing on two key areas you’ve highlighted: understanding AI and what students can do in this domain.

    Firstly, it’s crucial to grasp the current AI landscape. AI can be categorized into two main types: artificial narrow intelligence (ANI) and artificial general intelligence (AGI). ANI, as a pattern recognition tool, generates outputs like images or text based on recognized patterns, albeit within its defined tasks. AGI, on the other hand, envisages AI reaching human-level intelligence, a frontier still distant despite ongoing research and occasional claims.

    For students entering this field, understanding these distinctions is pivotal. Current laws and regulations, including those from bodies like the World Intellectual Property Organization and recent EU AI Act amendments, predominantly address ANI. This underscores the importance of comprehending AI’s present capabilities and limitations.

    AI pervades everyday experiences—from entertainment streaming to social media interactions. Viewing AI through a non-technical legal lens helps appreciate its omnipresence and anticipate associated legal challenges such as privacy and security.

    Regarding AI’s impact on employment, it’s essential not to confine discussions solely to job displacement. While some roles may shift, others will emerge, akin to historical technological shifts. Embracing AI comprehensively demands holistic perspective, encompassing its societal, economic, and ethical dimensions.

    For aspiring students, clarity in career aspirations is crucial. Whether pursuing AI or intellectual property (IP) law, introspection into personal interests is foundational. Knowing oneself—what interests and excites—is pivotal in shaping a fulfilling career path. My own journey into IP law stemmed from personal curiosity and academic exploration rather than mere prestige.

    Specializing in IP law necessitates a focused approach. Awareness of diverse opportunities beyond prominent firms is vital. During my own career search, I meticulously researched roles across various tiers of firms, aligning each with specific career goals and progression plans.

    Internship experiences are pivotal in this journey. Commitment and diligence during internships often translate into tangible career opportunities. I recall instances where interns’ dedication during intense projects led to permanent roles—a testament to the importance of commitment and understanding one’s responsibilities.

    Opportunities in AI and related fields abound for those passionate about technology and policy. Playing to one’s strengths, whether technical or legal, is essential. My advice to younger individuals exploring AI is to leverage their interests and strengths effectively within this dynamic field.

    In conclusion, navigating the evolving landscape of AI demands not only technical acumen but also a clear understanding of its legal and societal implications. By aligning personal passions with professional pursuits and seizing internship opportunities with dedication, aspiring professionals can forge rewarding careers in AI and IP law.

    “You’ve highlighted a crucial aspect: respect for the job and for the person assigning you tasks. Upholding this can significantly increase your chances of securing a job offer or a pre-placement opportunity, even during internships.

    I believe this perspective you’ve raised is vital. It’s not just about putting in 16, 18, or even 20 hours of work. What stands out is the importance of being respectful and mindful of the consequences that follow. The significance of a task isn’t solely determined by whether it’s handled in the Supreme Court or High Court.

    It should be seen in terms of its impact on your career. When you assist, recognition follows. That’s the essence of your suggestion, as I understand it. It’s crucial for students to grasp this concept, and it’s what we aim to convey here.

    We’ve covered much ground in this interview, but there’s one important question I haven’t asked yet about your personal life. How do you manage to maintain balance amidst your rigorous reading and work schedule? What advice would you give to others who struggle to find time for their personal lives?

    Could you share how you’ve managed this so far and offer insights on how others can emulate your approach?”

    Work-life balance is a crucial topic, especially in the post-COVID era. Personally, my parents, family, friends, and my wife have played pivotal roles in maintaining this balance.

    Initially, living with my parents in Delhi before marriage provided significant support. Litigation demands time to develop, and being able to consult and spend quality time with my parents was invaluable. Both of them are doctors, and observing their disciplined work schedules—from leaving early in the morning to returning by evening—left a lasting impression on me since childhood.

    After marriage, my wife’s unwavering support has been transformative, particularly from 2017 onwards, coinciding with significant milestones in my career, including Supreme Court cases and ventures into AI. Her background as a former corporate lawyer, now a teacher, brings a deep understanding of professional challenges, which greatly contributes to maintaining balance.

    Finding balance, for me, involves consciously investing time in activities that bring joy and relaxation. During the COVID period, this meant pursuing hobbies like reading about AI, alongside family time with shows like “The Crown.” As life resumed, balance shifted to outings for movies or enjoying quiet mornings together.

    Balancing responsibilities extends to our household, where everyone, including my sister-in-law who is a teacher, contributes. Even our dog plays a role in keeping spirits up. Quality time spent together during leisure hours significantly impacts our overall balance.

    Self-care is crucial. Taking time to connect with oneself amidst busy schedules is essential for maintaining equilibrium. Structuring my day with discipline has been key—I start work promptly in the morning and ensure to leave by early evening unless urgent matters demand otherwise. This routine allows for dedicated time at home, whether it’s enjoying moments with family or unwinding with entertainment.

    Achieving work-life balance hinges on transparent communication about priorities and mutual understanding within the family circle. This approach has been instrumental in shaping my perspective on balancing professional and personal commitments effectively.

    Thank you, Vibhav, for bringing such insightful perspectives to our conversation. Your thoughts on work-life balance were particularly inspiring, emphasizing the importance of discipline in achieving harmony. I’m certain our learners and listeners will find your approach worth emulating, and I encourage them to connect with you. Your responsiveness and generosity are truly commendable.

    I also appreciate your role as a community builder, bridging the gap for us lawyers in AI and other emerging fields, making these advancements accessible in India and beyond. Lastly, thank you for agreeing to this interview. I hope you found it enjoyable, and once again, your participation is greatly appreciated.

    It’s been my absolute pleasure.

    I have just shared my perspectives and more than happy to listen to anyone. Any questions and you’re right I do respond to everyone almost who reaches out to me. So there’s absolutely no problem. Anyone is confused. If there’s anything they have questions, they want to ask more, happy to converse.

    So thank you so much. It’s been an absolute pleasure interacting with you.

    Get in touch with Vibhav Mittal-

  • “Delegating responsibilities, ensuring clear communication, and fostering a collaborative environment are all aspects of managing a team which will run as a well-oiled machine”- Manish Kumar Mishra, Partner at Inttl Advocare

    “Delegating responsibilities, ensuring clear communication, and fostering a collaborative environment are all aspects of managing a team which will run as a well-oiled machine”- Manish Kumar Mishra, Partner at Inttl Advocare

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

    Can you share the pivotal moments or experiences that led you to pursue a career in law, specifically specializing in Intellectual Property Laws?

    It is said that every person has their own destiny. I had come to Delhi to crack Civil Services. Failure to crack civil services pushed me to try law. It is also true that the interest of the students in particular subjects depend upon the teacher teaching the subject. While pursuing law in Campus Law Centre, University of Delhi the discussions and interactions were very interesting, engaging and different from all the other subjects. That is what piqued my interest in the IP laws and how I decided to pursue my career in IP. My interest further grew when I started PG Diploma in Intellectual Property from Indian Law Institute and then I saw how important it was to protect ideas and creations. This realization further motivated me to explore IP laws.

    This journey has not only shaped my career goals but also fueled my passion for advocating the significance of intellectual property. I am eager to use my legal skills to support and defend the innovations that drive our society forward. 

    Given your extensive experience in handling more than 200 litigations, could you highlight a case that significantly shaped your approach to legal practice or left a lasting impression on you?

    One time, during the early days of my career, I was appearing before a Single Judge of Hon’ble Delhi High Court in an appeal against the order of the Copyright Board. I was assisting my senior who was to argue the matter and was thoroughly prepared with the matter myself. However, when the matter was called, my senior was before another court appearing in another matter. The Passover request was declined by the court and I was asked to argue the matter. I was a bit nervous but presented the facts of the case with energy. However, the Ld. Judge wanted to hear from me the application of ‘Principle of Comity’ to the case which I was unable to. The Ld. Judge then not took the time to explain the principle but also taught the same to me like a teacher. The Ld. Judge definitely sympathized with a junior caught off-guard but that experience taught me that it is not sufficient to only know the facts of your case. It is also important to know how the law applies to those facts and that there is a manner in which laws and facts should be presented before the court for understanding of the judge. I have never forgotten the ‘Principle of Comity’ since and have applied the judgment passed by the Ld. Judge in my favour in various cases handled thereafter.

    You’ve been involved in various contentions cases related to trademarks, copyright, and designs. What drew you to these specific areas within Intellectual Property, and how have you seen these fields evolve over your 15 years of practice?

    I was drawn to specializing in trademarks, copyright, and design within intellectual property because of their dynamic nature and the real-world impact they have on businesses and creativity. These areas require a delicate balance between protecting original ideas and allowing for innovation and competition.

    Over my 15 years of practice, I’ve witnessed significant evolution in these fields. The advent of the digital age has transformed the landscape of IP laws. During my journey, just as an example, I have seen issues about exhaustion of rights in physical sale of products raised for the first time. We then reached an era of online sales and issues such as those of intermediaries and jurisdiction in cases of online sales etc. cropped up before the courts and now, we are discussing the impact of AI in all domains. The changes are not only with respect to the law but also the procedures before the courts. The advent of Commercial courts, special IP Division, digital filings etc. have also made litigation for litigators and litigants hassle-free.

    The ever-changing technological and business landscape continually presents new challenges, making it imperative to stay at the forefront of legal developments. I find it both professionally rewarding and intellectually stimulating to navigate these complexities and contribute to the evolving dialogue within IP laws.

    Being a regular guest on All India Radio and a guest faculty at the Indian Law Institute, can you tell us about the role of education and public outreach in your legal career and how it contributes to your professional growth?

    Being a regular guest on All India Radio and serving as a guest faculty at the Indian Law Institute apart from various other Universities has been instrumental in shaping my legal career.

    Engaging with the public through All India Radio allowed me to simplify legal concepts and make them accessible to a broader audience. My appearances at the AIR were not only limited to talking about IP Laws but also on various other laws which are relevant for socio-economic conditions of society.

    As a guest faculty at universities, I have the opportunity to interact with aspiring legal professionals. Teaching not only allows me to share my practical experiences but also keeps me abreast of the latest developments in legal academia. The exchange of ideas with students fosters a two-way learning process, enhancing my own understanding of legal principles.

    These educational and outreach activities complement legal practice providing a unique perspective about various issues and challenges faced by students and members of the public which I might not have the opportunity to otherwise encounter.

    You’ve been a panelist at the Conclave of Dharmashastra National Law University on the topic of AI and Intellectual Property. How do you see emerging technologies impacting the field of law, specifically in Intellectual Property, and what challenges and opportunities do you foresee?

    As a panelist at the Conclave of Dharmashastra National Law University on AI and Intellectual Property, I had the privilege of discussing the impact that emerging technologies have on the field of law, particularly IP. The intersection of AI and IP presents both challenges and opportunities.

    The advent of AI has streamlined certain aspects of IP processes, such as patent searches and prior art analysis, significantly enhancing efficiency. However, it also raises challenges in addressing issues like AI-generated creations and the attribution of intellectual property rights.

    Opportunities lie in leveraging AI for more robust IP protection mechanisms and the development of innovative solutions to combat piracy and infringement. Additionally, the use of AI in data analysis has proven invaluable in identifying patterns of IP violations.

    On the flip side, challenges include the need for updated regulations to address the unique aspects of AI-generated content and the ethical considerations surrounding AI in the legal landscape. Striking a balance between fostering innovation and safeguarding IP rights in this evolving technological landscape is a complex but essential task.

    Overall, embracing these technological advancements is crucial for the evolution of IP law, and navigating these challenges presents an exciting opportunity to shape a more resilient and adaptive legal framework.

    Having conducted numerous civil and criminal raids, can you share a particularly challenging enforcement situation you encountered and how you navigated through it?

    There was a civil raid in Meerut in around 2014 which comes to my mind. I along with a court appointed Commissioner was visiting a wholesaler engaged in the sale of infringing coffee. Initially, we went to the police station wherein we were declined assistance. However, considering the Commissioner had orders from the Court and there were chances of goods being removed now, since we had given information to the Police, we reached the premises directly. The entire process was obstructed and delayed by the female family members of the shop owner and during that period several nearby shopkeepers and market leaders gathered. We were surrounded by around 80-100 people who all turned aggressive and did not allow us to conduct the seizure or even go back to our car. I then spoke to the president of the market association who was leading the mob and explained to him that the infringing activity that the wholesaler was involved in was not only harming the reputation of the client but the low quality products being sold by the party was also being consumed by the public including the families of various members of the mob. After some explaining and a cool temper kept by us throughout, the mob allowed us to invent the stock, prepare a report and leave without seizing the products.  

    Though I must add, not all civil and criminal raids have such interesting stories. While this story does not paint a pretty picture of how sometimes civil or criminal actions turn out, this also reminds me of how a calm mind, quick thinking and easy communication can help you overcome challenging situations.

    As a lawyer with strengths in team management, litigation, and public speaking, how do you balance these diverse skills in your day-to-day practice, and which aspect do you find most fulfilling?

    As a lawyer and working with an esteemed organization one learns to strike a balance between these and various other aspects of being a professional. In my view, the job of a lawyer demands an all-round capability and one is tested everyday with challenges on these fronts. It is not only required of me to manage the team or prepare for various court cases or attend public speaking sessions but also to participate in other activities such as management of the Firm, attending conferences for business development etc. 

    Delegating responsibilities, ensuring clear communication, and fostering a collaborative environment are all aspects of managing a team which will run as a well-oiled machine. This allows me to streamline workflows and gives me the chance to undertake other works and projects. In order to achieve the same, a robust motivated team is a must. It is my philosophy that my team should pass on the complete knowledge which I possess in all fields, and that is one of the most fulfilling experiences as a professional. I also ensure that my team is motivated and properly trained to effectively complete the delegated works which not only allows me time for other endeavors but also allows them to grow independently.

    Litigation requires meticulous preparation, attention to detail, and the ability to think on my feet. Prioritizing tasks, managing timelines efficiently, and staying adaptable to the evolving nature of legal proceedings are the pillars of effective advocacy. On the other hand, public speaking allows me to not only advocate for my clients but also contribute to legal education and public understanding of the law.

    Looking back at your journey from law school to moderating a topic at INTA in Atlanta in 2024, what advice would you give to fresh law graduates aspiring to specialize in Intellectual Property or follow a similar path in their legal careers?

    My advice to the fresh law graduates aspiring to specialize in IP or pursuing a similar path would be to (i) Build a Strong Foundation by focusing on learning and gaining practical experience in initial years of practice; (ii) Keep yourself updated with the latest legal developments and familiarize yourself with technological tools used in the legal field; (iii) Develop Communication Skills as effective communication, both written and verbal, is crucial for a lawyer. This also includes honing your networking skills which open up various opportunities for one; (iv) Be flexible to adapt to the demanding situations and conditions of the profession.

    Remember, each step contributes to your growth, and perseverance is key in building a successful career.

    Get in touch with Manish Kumar Mishra-

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    Get in touch with Suhrita Majumdar-

  • Nishant Sharma, Lead Counsel, Dolby Laboratories on work experience in Patent Litigation and being a Patent agent

    Nishant Sharma, Lead Counsel, Dolby Laboratories on work experience in Patent Litigation and being a Patent agent

    Nishant Sharma graduated in Law from Delhi University in 2012. His professional experience encompasses all sorts of patent related activities- contentious matters, prosecution or preparation of patent applications. He has frequently participated in patent litigation matters, drafting patent applications, carrying out patent-ability searches, filing of patent applications, prosecuting patent applications at Indian Patent Offices and handling opposition cases.

    Currently, he is responsible for handling litigation as well as Patent Licensing in India for Dolby Laboratories.

    In this interview he talks to us about:

    • His decision to pursue Law as a career.
    • His role as a Lead Counsel.
    • Specialization in Patent Law.
    • Skills required in making a successful career in Patents and Designs.

     

    How would you introduce yourself to our readers? Do you come from a family of lawyers?

    I consider myself an evolving IP professional who is trying to learn new things – be it in IP or legal field in general or even about facets of life – every day, every moment. I have a firm belief in destiny – you won’t get more than what you deserve and before it is due – and at the same time am a strong follower of principle of karma – do good work and you will get appropriate returns in the long run.

    I am a hands-on person and so like to be involved to the very core in every project I undertake or am assigned, and this has always been my advice to my juniors whom I have mentored over my past fifteen years of professional life. I have a strong belief that one needs to be self-sufficient so as to be able to complete assigned tasks even if requisite resources are not available, and throughout my career I have tried not to let unavailability of a resource, such as a paralegal or even a hardware resource, become a hurdle in completing a deliverable in time.

    Coming to you other question, no I did not belong to a family of lawyers. My family includes Engineers, Scientists and Bankers and never in my life had I thought I would be in the legal profession. But I have had good mentors who guided me, and still do, in my pursuits in the legal field.

     

    What motivated you to pursue law as a career?

    (Nishant completed B.E. (Electronics) in 2001 and a PG Diploma in Advanced Software Design and Development from C-DAC, Noida, 2001.)

    Ah! As I said I believe in destiny and may be my entry to legal profession was destined to happen. After completing my Engineering degree, I was in a secure job, so as to say, with Hindustan Aeronautics Limited (HAL) – a Public Sector Undertaking. I was working on latest Russian technology but the itch to learn something new was always there as things were moving at a steady pace at HAL. Most of the time we had to follow standard procedures with limited options to innovate to improve efficiency of operations. But I was happy doing the same. It happened somehow that my wife got a job opportunity in Delhi and we thought of shifting base. It was during that time, Remfry & Sagar had advertised for openings for Engineers. It was around December 2005 and the Patents Act had just been amended. Sensing a good opportunity to shift base to Delhi to accompany my wife, I applied for the opportunity and after two rounds of interview, I was selected. However, even after getting the offer, which was way beyond my expectations, I was sceptical of leaving a well-settled Government job. Thankfully, I had an acquaintance that used to work for a law firm in the IP field and she motivated me to join this field. So it was like all blocks were falling in the right place slowly paving the way for me to join the IP field. After a discussion with my wife and father, I finally decided to plunge into it and within few days of receiving the offer, I was at my work desk in Remfry browsing through heaps of files.

    On the very first day, as part of induction, I was given few files to study and develop my understanding of how the Patents filed operates. I would spend hours studying each file, making notes and writing down my doubts, which I would later on clarify with my seniors. I was lucky to have seniors who were eager to help me understand the nuances of Indian Patent law as well as Patent Cooperation Treaty. Within few months of joining Remfry, I was actively doing patent prosecution including official hearings at the Patent Office.

    I was happy doing prosecution work until one day my Supervisor suggested that I should pursue Law. Being from the Engineering field, I thought I had a technical bent of mind and I should better be pursing further studies in technical field only and thus, I didn’t give Law studies a second thought then. Yet again destiny was to play its part in shaping my decision. I moved to some other firm eventually, where I was actively involved in Patent Litigation. I liked the entire concept of Patent Litigation and how it is the ultimate test of both the legal and technical acumen of a person. And within few months, I was attending evening classes at Delhi University’s Law school.

     

    Being a science graduate, did you face any difficulties in law school?

    Frankly speaking, I did not face much of a problem in terms of understanding of Law as I felt statutes are generally very logically drawn with an intended objective in mind and defining steps towards achieving that objective. This is how science operates too! The major problem I faced was adjusting to life of an academic after a gap of seven-eight years. Moreover, I was actively attending to my official duties as well while I was continuing my studies and this made the entire academics part hectic. However, with my family’s support I managed to sail through.

    My advice to students pursing Law would be to understand the basis of each legal provision, question it and support your understanding with explanations provided in judicial precedence of the Courts. The best part of legal education is that Courts, with their elaborative speaking orders, help one clearly understand legal positions and I would encourage students to read a lot of Court decisions, even if different decisions speak the same language you never know when you might chance upon an additional drop of wisdom in the same.

    The other thing to keep in mind is to ask a lot of questions – to your teachers, your peers and even to your juniors. The beauty of Law interpretation is that everyone can bring in his own perspective and it is always good to know all dimensions to a legal provision. Recently, I had trouble interpreting Section 65B of the Evidence Act and to solve the conundrum all I did was to prepare a note of my understanding of the provision and circulate the same to my professional connections, even those whom I remotely knew. Many people pitched in with their perspective and finally I could gather enough understanding of the provision.

    In addition, students should be bold enough to challenge and question settled propositions. So far my experience has been that most Law practitioners hold strong biases towards settled legal propositions and they would rather dissuade their juniors from thinking beyond the same. I am not preaching to students to suspiciously look at each and every settled proposition but as the saying goes – There’s always a scope for improvement.

     

    How was your first year after graduation? What do you think were the biggest hurdles and challenges in the early days of your career?

    My first year after graduation from Engineering Course was the toughest one as all job opportunities in India had literally dried up in the wake of September 11 attacks in the US. I did initially try my hands as sales professional, selling rugged computers and other military grade products to various R&D organizations in Delhi, for some five-six months, but eventually realized it was not my cup of tea. That was the time I decided to quit that job and study for Government sector jobs that were supposed to be the most stable ones as compared to the ever volatile IT/software jobs. My hard work paid and I landed up in HAL.

    The biggest hurdles I faced during the initial years were to shift gears from slow pace of student life to that of a professional managing a team. I had to manage a team of workmen/work-women and get the deliverables within scheduled time as any delays would ultimately result in delaying delivery of an aircraft for which the deliverable was required. This would primarily involve managing a lot of human capital and this is what you are taught the least in your academic life. Slowly I realized that treating people with empathy can do wonders and I eventually learnt the art of people management.

    My first year after graduating from Law school was easier as I was already seven years in the profession and had learnt how to conduct myself.

     

    When you accept interns under you, what kind of qualities do you look for?

    Interns should be eager to learn, have some innovative thinking and be willing to experiment with new ideas. Another important aspect is, as I mentioned earlier, interns should be bold enough to challenge the settled propositions.

    In addition, honesty is a quality that every person must imbibe. Honesty towards their work, their co-workers and towards self is very important. If you have faulted, be honest and accept it before your seniors/co-workers.

    Lastly, interns or even starters in any profession must remember that there is no shortcut to success. Toil hard and reap benefits!

     

    Please tell us about your experience representing Remfry & Sagar at the LES 2013 and AIPPI 2015.

    (Nishant represented the firm Remfry & Sagar as a Partner Designate at the AIPPI (Association Internationale pour la Protection de la Propriété Intellectuelle) 2015 held in Rio de Janeiro and LES (Licensing Executives Society) 2013 held in Hangzhou, China.)

    The good part about such conferences is that while business development is the primary focus, you tend to end up discussing lot many things, besides IP, with people whom you are meeting. In my experience, this helps a lot in knowing about different culture and practices abroad. While you may not have earned a client for your firm, you go back enriched with knowledge about a new country/culture that may be helpful to you or your profession in the future. Besides, you get to learn of IP developments and practices throughout the world, which helps in overall development of one’s IP intellect.

    Moreover, such interactions help a lot in settling doubts in the minds of foreigners about India. For instance, many people whom I interacted with during these conferences were not aware that India actually had four patent office branches or specialized commercial benches in High Courts. During these conferences, I was able to clear many such doubts which foreigners have about India.

    And finally, all such conferences are generally in beautiful locales, and one gets the opportunity to indulge in some local sight-seeing. I love travelling and passionate about visiting new places. I consider myself lucky to have visited two of the wonders of the world – The Great Wall and Christ the Redeemer – during these conferences.

     

    Currently you are the Lead Counsel (India) – IP & Litigation at Dolby Laboratories. We would love to hear about your work profile.

    At Dolby, I have been entrusted with the responsibility of advancing Dolby’s patent licensing program in India. In addition, I oversee the Indian litigation suits instituted by Dolby – providing strategic inputs, whenever required, in line with the intended objective.

     

    What are the skills required for a fresher who is aspiring to build a successful career in Patents and Designs?

    Be inquisitive, ready to learn and honest to your profession. Also, there is no substitute to knowledge, so read a lot!

     

    You have a total experience including technical experience of fifteen years, how do you keep yourself updated of the recent developments?

    I read a lot about IP developments in India and abroad thanks to Google Alerts and subscribed newsletters. I also read and research a lot about other areas of law, whenever someone from my friends or family requires any legal help. In addition, I regularly read latest Indian judgments related to Patent cases on some of the free databases, a habit introduced to me by my colleague at Remfry.

    Moreover, I attend IP conferences, which are another source of abundant information on IP and other facets of law.

     

    You have worked as In-charge of Radio Division of Avionics Lab at HAL, Nasik Division. Please give us an insight into this marvelous achievement.

    I cannot say if it was an achievement or not, but yes it was definitely my contribution towards nation building. My team was assigned the work of developing testing equipment that were to be used for testing various electrical, hydraulic and pneumatic systems of Sukhoi aircrafts being manufactured for the first time in India under a license agreement with Russia. The part not to be missed here was the strict adherence to deadline for completing the project as any delays could have delayed the delivery of first few aircrafts to the Indian Air Force. Often, it was a race against time but by the time I had left HAL, my department was on track with regard to delivery of the testing equipment to the end customers thereof. As I mentioned earlier as well, my stint at HAL helped me learn people management and also that you can only win respect of your co-workers/juniors by showing empathy and contributing, if not more, equally as them.

     

     Can you elaborate any two cases for which you are extremely proud of?

    (He has given several advisories to clients on patentability and infringement issues, interacting with the inventors and apprise of the important details of their invention.)

    Without going into the specifics, in view of maintaining confidentiality of clients for whom I worked, I along with my team drafted a patent application for a Japanese client. The project was more like a test project as the client was testing waters for considering outsourcing their patent preparation part. It was an invention related to memory chips used in electronic devices. After toiling hard and intense in-house discussions, we drafted a patent specification which was filed in India as well as the United States simultaneously. The US application was recently examined and granted a patent without any objections. This gave me immense pleasure because there is nothing more than having a satisfied client. This success also helped the law firm in bagging subsequent drafting projects from the same client.

    Another case that I remember quite vividly is a pre-grant opposition case I handled in the initial years of my career. It was again a Japanese client, whose technology was surreptitiously claimed in a patent application by one of their old customers. I, under the guidance of my Supervisor, prepared a pre-grant opposition that was fiercely fought at Kolkata Patent Office. There were certain new legal propositions that we introduced in our submissions, which were finally accepted by the Patent Office leading to the impugned patent application being refused a patent. We were thus able to restore the honour of our client and this was a soul satisfying moment for me as a professional.

     

    Last but not the least, what is your parting message to our readers?

    First and foremost, be a good human being.

    Secondly, try and build a congenial environment at your workplace. Don’t expect something from your juniors or co-workers, if you would not have done it in the first place. If you are human, so are they!

    Moreover, be ready to share your experiences with others, especially juniors, as there’s no better lesson than learning from real-life experiences.

    Finally, don’t be afraid of making mistakes but do learn from them as well and do not repeat the same mistake again.