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  • J. Sai Deepak, Associate Partner, Saikrishna & Associates, on studying Law after Engineering, experience in IPR, and taking landmark cases to success

    J. Sai Deepak, Associate Partner, Saikrishna & Associates, on studying Law after Engineering, experience in IPR, and taking landmark cases to success

    J. Sai Deepak graduated from Anna University with Bachelors in Mechanical Engineering, after which he went on to pursue LL.B from IIT Kharagpur. After completion of law he joined Saikrishna & Associates as an Associate in 2009, where presently he has been promoted to an Associate Partner. He won the 2008 Legal Writing Competition of the International Association for the Advancement of Teaching and Research in Intellectual Property (ATRIP) as a student and writes for his blog “The Demanding Mistress”. He has also authored papers in various exemplary journals.

    As a litigator at Saikrishna & Associates he led the team to many successes including the reading down of S.79(3)(b) of the Information Technology Act and the Intermediary Rules; representing Greenpeace India successfully in Tata Sons v. Greenpeace International & Anr.

    In this interview we talk about:

    • Choosing law after completing engineering at Anna University.
    • Work profile at Saikrishna & Associates
    • Winning the 2008 Legal Writing Competition of International Association for Advancement of Teaching and Research in Intellectual Property (ATRIP)
    • Leading the team which represented the Internet and Mobile Association of India before the Supreme Court.
    • Representing Indian mobile brands such as Micromax and Intex in the suits for patent infringement filed by Ericsson

     

    Given that most of our readers belong to the legal fraternity, how would you introduce yourself to them?

    I am a first generation lawyer, an engineer-turned-general litigator with core competence in Intellectual Property Law and allied areas.

     

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    Having graduated with a Bachelors in Mechanical Engineering, what motivated you to switch streams and pursue law at IIT Kharagpur?

    My dream was to pursue a Masters in Aeronautical Engineering after under-graduation, but in the penultimate semester of engineering (2005), I was in IIT Kharagpur to present a paper in a technical symposium organized by its Industrial Engineering department. It was in the inaugural speech by the then Director of IIT Kgp, Shri Shishir K. Dube, that I first heard of the new LL.B. programme which was set to commence the following year, in 2006, in IIT Kgp’s Law School known as the Rajiv Gandhi School of Intellectual Property Law. I read up more on law and realized that although I took up engineering by choice, my future lay outside of it in a profession which involved understanding and dealing with people. This was perhaps because I have always had a deep interest in history, current affairs, politics and policy and I wanted to contribute in some tangible way to at least one of these areas.

    These interests, coupled with my passion for debating and public speaking, made law seem like the logical choice. The choice did not seem that logical to quite a few well-wishers. In fact, the Head of the Mechanical engineering department of my college was utterly shocked and urged me to reconsider my decision. But by then the legal bug had bitten and today I am happy I took the headlong plunge into law. As for the choice of Law School, most engineers have a soft corner for the IIT brand and this may have sub-consciously influenced my decision to study at IIT Kgp, despite the fact that the LL.B. programme was nascent.

     

    How did you get through to the LL.B programme of IIT Kharagpur?

    The LL.B. programme at IIT Kgp is limited to graduates with a first degree in science or technology or medicine. For the first batch in 2006, a Statement of Purpose had to be sent along with the application form for the entrance exam, then known as the National Aptitude Test. The Test had sections on quantitative aptitude, verbal aptitude, GK and a few fundamental questions related to the law. This was followed by a Personal Interview and candidates were selected based on cumulative scores. This being the first entrance exam for a newly established Law School, I am not sure the number of applicants was remotely comparable to other post-graduate entrances in India like GATE and CAT. I got through the entrance and the other rounds based on my preparation for engineering placements. The current process of admission to the Law School, I believe, is different.

     

    Our readers would like to know briefly about your blogpost which made you popular in the legal fraternity. Also, what made you take up blogging as a law student?

    (Sai frequently writes on his blog “The Demanding Mistress”. As a law student, his blogpost on the Bajaj-TVS patent dispute was quoted and was relied upon by a Division Bench of the Madras High Court to reverse the findings of the Single Judge.)

    Blogging happened to me in a very serendipitous way and largely because of dearth of opportunities to moot. Since we were students of the first batch of a fledgling Law School, there wasn’t a mooting culture back then and it was a challenge to kick-start one given the teething troubles anynew Law School typically faces. So three of us, Nikhil Ranjan, Ashwani Balayan and I,thought it would help to organize a moot court competition (“Verdict”) in our second year in our Law School (2008) and learn from the participants by observing them moot. In the process of inviting people to judge the moot, I was directed by Yogesh Pai (now a Professor at NLU,Delhi) to SpicyIP. I came across a few posts on the Bajaj-TVS patent dispute. However, no techno-legal analysis had been undertaken in those posts.Being a mechanical engineer with a tentative understanding of the law, I volunteered to write my first post on SpicyIP analysing the issues in dispute, keeping both technical and legal jargon to the minimum.In the process, I realized that blogging, and writing in general helped me unclutter the thoughts in my head and helped me articulate my views with greater clarity. Also, compared to mooting which requires a fair amount of resources on a regular basis which I couldn’t have afforded, all that blogging needed was access to the internet and the will to read up and write.Importantly, I felt blogging gave me access to a much wider audience. All these got me hooked to it.

    After my graduation from Law School when I was back home preparing to leave for Delhi to join the profession, I got a call from a friend of my mine from Law School, Arindam Roy Chowdhury, who congratulated me for being cited in a decision by the Madras High Court, which I dismissed as a prank. When I opened my email account later in the day, it was flooded with congratulatory mails and messages. It turned out that my maiden blogpost had indeed been relied upon to vacate the interim injunction granted against TVS Motors. I was told (although this hasn’t been verified) that this was one of the few instances where a law student’s work had been relied upon by a Court.

    In December 2010, I founded my own blog “The Demanding Mistress” where I continue to write on innovation, IP Laws, Competition Law and policy.

     

    What role do publications play in the life of a lawyer? What, in your view, are the few most important skills that law students should strive to acquire in order to write papers/articles effectively?

    (As a law student, Sai won the 2008 Legal Writing Competition of the International Association for the Advancement of Teaching and Research in Intellectual Property (ATRIP). He has also authored various papers in many reputed journals such as Max Planck Institute’s International Review of Intellectual Property Law and Competition law.)

    I think clear writing is a skill that every lawyer is expected to possess and must possess. Writing really tests the degree to which one has internalized a subject and its spirit, because the clarity with which you write is reflective of your grasp of the subject. Publications in peer-reviewed journals convey the message to prospective employers and clients that you are confident of articulating your views and subjecting them to the scrutiny of a better-informed audience. It also prepares you for legal drafting when you start practicing.

    I strongly believe voracious and rigorous reading is imperative for effective writing. If you write more than you read, your writing will suffer from paucity of depth and eventually you are bound to run out of topics to write on.Also, a lawyer must know how to cater to different kinds of audiences. After all, writing for a newspaper on a legal issue is not the same as writing on a specialist blog. Importantly, when a lawyer reads or writes, his/her individual personality and training as a lawyer must come to the fore.

     

    Soon after graduation, you joined Saikrishna & Associates in 2009 and were made Associate Partner recently. How did you secure your appointment?

    My entry into the Firm was not through campus placements. In fact, I sat out of the campus placements because at that time, no litigation firm approached the Law School for recruitment. Fortunately, two things happened- first, through a combination of circumstances in which the founder of SpicyIP, Shamnad Basheer, had a role to play, I was working on the Firm’s first two patent matters in my final year in Law School. So Mr. Saikrishna Rajagopal had an opportunity to assess the quality of my work and was kind enough to offer a position in the Firm’s litigation team. Second, around the time I graduated, Mr. Gopal Subramanium, who was the Solicitor General then, too had offered a position in his Chambers. Since I wanted to gain experience in trial practice and was already familiar with Mr. Saikrishna’s style of functioning, I accepted Mr. Saikrishna’s offer.

     

    For a law student, it’s very difficult to think of becoming an Associate Partner under six years of joining the profession. What would you say helped you gain recognition?

    I’d largely credit my learning to the opportunities Mr. Saikrishna has been large-hearted enough to share. He believes in teaching through empowerment, which is at the heart of the Firm’s culture. Although this means greater responsibility in the initial years, it helps you understand the ropes of the profession faster. Plus, what I am particularly thankful for is the freedom I have, to write on any issue I wish to, so long as there is no conflict of interest. This freedom matters a lot to me personally and professionally, and I am aware of the fact that this is hard to find in a law firm set up.

    I would be remiss if I did not mention how fortunate I am to have had brilliant colleagues right from my first year who enjoy discussions on the law. No question or issue is dismissed as being “too academic” or trivial. It’s a very vibrant atmosphere which is what attracts interns and makes them want to be part of the Firm. Also, one of the key strengths of the Firm is the camaraderie shared by its members, which makes one look forward to go to the Court or office each day. To me, each of these factors affects individual success when you work in a law firm.

     

    What does an Associate Partner at a Law Firm like Saikrishna and Associates do? What falls within the scope of your responsibility? Tell us about a typical work day.

    At least 3-4 days in a week, I am in the High Court for the better part of the day when the litigation season is on. After I am done with my matters for the day, I usually stay back in the Chamber to prepare for the next day or to send out opinions to Clients or to meet them. The advantage of the Firm’s flexible work hours is that one’s time is productively spent in attending to work regardless of where one is, instead of wasting it in commutation. Apart from handling matters that have been assigned to me, I contribute my mite to diversifying the litigation practice of the Firm by taking up matters which may have nothing to do with IP at all. For instance, I have a personal interest in taking up criminal matters, particularly those that relate to economic offenses, before CBI Special Courts. Fortunately for me, the Firm encourages such initiatives and my efforts on this front have thus far been reasonably successful.

     

    You have a few landmark judgments to your credit, two of which are Tata Sons v. Greenpeace and Basmati Geographical Indication case. Kindly elaborate in brief on these two cases for the benefit of our readers.

    We were engaged by Greenpeace India to represent it in Tata Sons v. Greenpeace International & Anr. in 2010, which was my second year of practice. The Suit revolves around Greenpeace India’s use of the Tata trademark in its Pacman-styled game Tata v. Turtles as part of its awareness campaign on the dangers posed by the Dhamra Port in Odisha to the nesting grounds of Olive Ridley turtles. Tata Sons alleged infringement of its trademark and defamation. The case throws up fascinating issues relating to interplay between free speech and IP rights, apart from an examination of the defense of fair comment under Indian law to an allegation of defamation. In January 2011, Justice Ravindra Bhat dismissed Tata Sons’ prayer for interim injunction and upheld the defense of fair comment on the issue of defamation and Greenpeace India’s right to use the Tata trademark in exercise of its free speech. Subject to correction, I think this decision was the first of its kind in an IP context in India and has been hailed as a landmark in several advanced IP jurisdictions. The matter is set to be taken up for final arguments in the near future.

    The Basmati Geographical Indication case relates to oppositions filed by the State of Madhya Pradesh and private entities from MP to the application for GI on Basmati filed by Agricultural and Processed Food Products Export Development Authority (APEDA). The oppositions were based on non-inclusion of the State of Madhya Pradesh as part of Basmati-cultivating regions in India. On December 31, 2013, the GI Registry upheld the contention of the opponents and directed the inclusion of the State of Madhya Pradesh in the GI Application on grounds that APEDA’s basis for identification of Basmati cultivating areas in India was flawed and not rooted in history and facts. The decision has been appealed against by APEDA before the Intellectual Property Appellate Board (IPAB), which is pending adjudication.

     

    You are also representing Indian mobile brands such as Micromax and Intex in the suits for patent infringement filed by Ericsson. Could you give our readers a broad overview of the suits?

    Broadly the suits relate to Ericsson’s allegation of infringement of what it claims are “Standard Essential Patents” relating to the GSM standards used in mobile telecommunication. The validity of the patents asserted and the claim of essentiality have been challenged by the defendants. Critically, the conduct of the patentee has come under scrutiny by the Competition Commission of India for prima facie abuse of dominance under Section 4 of the Competition Act, 2002. The suits and the proceeding before the CCI are sub-judice. These suits raise issues which Indian Courts and the CCI have never had the occasion to deal with in the past. In the process of handling these matters, we have discovered several facets of IP and anti-trust law and their relationship. Personally, the learning has been great.

     

    Section 79(3)(b) of the IT Act has been read down by the Court in the Shreya Singhal decision. Could you share with our readers the significance of the decision for internet companies?

    (Sai led the team which represented the Internet and Mobile Association of India before the Supreme Court in the constitutional challenge to the intermediary liability regime under Section 79(3)(b) of the Information Technology Act and the Intermediary Rules. Mr. Saikrishna Rajagopal was the counsel for the petitioners.)

    Ours was the only petition which challenged the constitutional vires of Section 79(3)(b) of the IT Act. Under the original provision prior to it being read down by the Hon’ble Supreme Court, an intermediary was expected to take down content based on “actual knowledge” received from private parties of the unlawfulness of the content hosted by it. Given the vague nature of the term “actual knowledge” and the onerous obligation cast on intermediaries by the use of the term, the Apex Court read this down to mean actual knowledge of a Court order which directed take down of the content. This ensures that intermediaries do not have to act like Courts and adjudicate on the legality of content hosted on their sites.

    The second limb of the challenge was to the ability of the Government to seek take down of content which was used for commission of an “unlawful act”. The term “unlawful act” went beyond the limitations imposed by Article 19(2) of the Constitution on the Government’s power to curb free speech and expression. Consequently, the scope of “unlawful act” in the context of free speech was limited to categories of prohibitions spelt out in Article 19(2).

    The reading down of Section 79(3)(b)is significant owing to the integral nature of intermediaries to the internet ecosystem and the role they place as disseminators of free speech and expression of internet users. Importantly, certainty in the application of the law is important for any business, and the business of intermediaries is no exception to this requirement.

     

    How does it feel to have landmark judgments to your credit? Do you think achievements like this can change one’s recognition drastically?

    It certainly feels good to have been part of such decisions. I’d like to clarify that each of these decisions is the consequence of the collective effort of the team.

    Yes, decisions such as these help increase one’s credibility as a litigator and make it relatively easier to be considered for matters involving higher stakes. That said, regardless of the outcome, what truly helps improve one’s credibility and visibility is the quality of preparation and execution in the Court since the result in beyond your control.

     

    You have been invited by several forums in India and abroad to present your views on IP developments in India. Please share your experience in speaking on various platforms.

    Based on my experience, I think, similar to writing, the nature of the audience must be taken into account when you address a forum. I have also realized that to connect effectively with a non-legal audience, it is important to keep the legalese at a minimum and highlight the broad policy implications of a legal issue. Also, as litigators, it helps to listen to multiple viewpoints from members of the industry, academics and policy analysts because these may come handy in lucidly putting forth a complex issue before the Court.

     

    Would you say you have “specialized” in IP law? What made you interested in the same? How do you say one can gain expertise in IP Law? What does it take to be a good IP lawyer?

    I’d never say that I have “specialized” in IP Law, which is why I introduced myself as an engineer-turned-general litigator with core competence in Intellectual Property Law and allied areas. For me, IP law is just another branch of commercial law with its own peculiarities like any other area of the law. The path to attain proficiency in IP law is similar to any other branch of law, which is to read as widely and deeply as possible, and to develop the ability to apply the law to the factual matrix of a given case. Critically, for anyone to acquire expertise in commercial litigation, strong foundations in property jurisprudence and common law are a must, along with command over procedural law.

     

    How different has the three-year program been when it comes to internships? How are internships helpful for a law student?

    Since ours was a three year program, there weren’t as many opportunities to intern as in a five year integrated program. Plus, I never interned in a law firm because I had very little understanding of the concept of a firm and the option didn’t sound great to me. However, I did make it a point to acquire diverse experiences by first interning at IIM Ahmedabad and National innovation Foundation, followed by GE’s John F. Welch Technology Centre in Bangalore. These internships helped me understand the theoretical and practical aspects of innovation. I do believe internships, if rightly chosen, help a student understand her/his own strengths, weaknesses and career aspirations.

     

    What are the qualities which Saikrishna & Associates look for in a typical CV? What do you feel makes an intern stand out and is very important for him/her to do to have a chance of getting a call back or even a PPO?

    At Saikrishna & Associates, the pedigree of the Law School does not matter, nor do the achievements claimed in a CV. What matters to us are initiative, conceptual clarity, the ability to write/draft crisply and the ability to marshal arguments in support of a proposition through research and logic. If a student performs well on at least some of these counts, subject to vacancy, we offer a position in the Firm. Most of our litigators have come through internships and not campus placements.

     

    What would be your advice to students interested in litigation?

    For anyone who wishes to take up litigation, I’d say patience and hard work are equally important because unlike transactional practice, litigation takes time to reward. But when it does, the thrill is just incomparable. In a nutshell, treat litigation as a marathon run and not a 100-metre dash. Also, it would help to be comfortable with general areas of practice and be good at atleast one area of practice, which is not the same as restricting oneself to a specialist area.

     

  • Munish Mehra, Partner, Saikrishna and Associates, on specialising in IPR, changes in career, tips to associates and interns

    Munish Mehra, Partner, Saikrishna and Associates, on specialising in IPR, changes in career, tips to associates and interns

    Munish Mehra belongs to the first batch of NLIU, Bhopal (Batch of 2003). After graduation he joined AMSS as an Associate for 9 months before switching to Anand and Anand where he subsequently became a Managing Associate. Thereafter, he joined Luthra & Luthra Law Offices as a Managing Associate. In January 2014, he joined Saikrishna and Associates and within 11 months, he was promoted to Partner. In this interview he talks about:

    • Academics and specializing in IPR Laws
    • Working at full service law firms and boutique law firms
    • Tips on converting internships to a PPO

     

    What brought you into studying law? Was it fate or plan?

    My foray into studying law was totally unplanned as I do not come from a legal background and am a first generation lawyer. I heard of the National Law School at Bangalore for the first time in 1998 through a friend who happened to be studying there. As luck would have it, the National Law Institute University was set up at Bhopal in the same year that I graduated from school i.e. 1998. I gave the entrance exam for the university, got through and things moved ahead from there.

     

    Please tell us a little about your law school days at the National Law Institute University, Bhopal? How were you at academics?

    As a part of the first batch of NLIU, Bhopal, I think all of us were a little sceptical about how the university would develop in the future. I still remember the first day of the academic session in September 1998 when we started from a premises which had been rented by the Government for the University and we set up the tables and chairs ourselves in a little classroom and got down to studying law. What helped in the initial trimesters was the inclusion of various BA subjects such as sociology, history etc which helped us to get into the groove so to speak before moving onto hardcore legal subjects. I was a relatively good student through my years at the University and finished in the top five of my class when we graduated.

     

    How important do you say is a good CGPA for an illustrious legal career?

    The importance of a good CGPA has increased over the years with the advent of numerous law schools coming up in various other states. However, I firmly believe that to have a good career in the legal profession, a good CGPA is just one element which plays a part in the making of a good lawyer.

     

    You have specialized in IPR law. What made you interested in the same? How do you say one can gain expertise in IPR Law? What does it take to be a good IPR lawyer?

    In the first couple of years at the University, a few seminars and moot courts were organized focusing on IPR law which played a major part in me developing an interest in IPR law. We had not yet studied IPR law till then as they were a part of the 4th year subjects. I then did two internships with Anand & Anand at the end of my 2nd and 3rd years which give me an insight into how IPR law actually works in the real world. The process of gaining expertise in IPR law or becoming a good IPR lawyer is no different from any other branch of law and requires one to be able to grasp the issues involved in the case at hand which forms the basis of your claim or defence, as the case may be, and presenting a well drafted and argued brief before a Court.

     

    You started your career at AMSS as an Associate. How did you secure your appointment? How would you describe your experience working there?

    I was recruited by AMSS pursuant to the first campus placement which happened at the University at the time the first batch was about to pass out. In fact, AMSS was the only law firm which came for the placement of our first batch and two people were recruited by the Firm. Working at AMSS was an interesting experience as even at that time it was considered to be the best full service law firm in India. My area of work involved general corporate commercial advisory and transactions. I think the biggest takeaway from my tenure at AMSS was that it made one realise that there is a sizable difference between studying subjects theoretically in law school and their application in real world deals and transactions as there are so many practical facets and situations which one is not exposed to while studying subjects in law school.

     

    After 9 months of work at AMSS, you switched to Anand and Anand as an Associate and later worked as a Managing Associate there. You also had the oppurtunity to work at Luthra & Luthra Law Offices as a Managing Associate. Please share your experience at both these place.

    It was a conscious decision to make the shift from AMSS to Anand & Anand as after a while I realised that my real interest lay in practising IPR law even though the initiation into the real legal world through AMSS held me in good stead in the coming years. I worked at Anand & Anand for nearly six years during the course of which I led the anti-piracy and anti-counterfeiting practice at the firm and had a wonderful time doing so. Luthra & Luthra posed a new challenge in terms of setting a new practice area from the ground up and it was an interesting experience to go back to a full service set from a boutique firm.

     

    Also, was there any difference in the work environment of these two law firms, considering the fact that Anand and Anand mainly deals with IPR law whereas Luthra & Luthra is a full service law firm?

    The work environment of a full service and boutique firm does vary to a large extent. The environment in a boutique firm tends to be more informal and due to a lesser number of individuals, helps in developing interpersonal relationships faster. A full service firm environment on the other hand is much more regimented and necessarily so because of the sheer number of people working there. Therefore, it does take some time to get used to it if you have joined from a smaller setup.

     

    What qualities do you think helped you for promotion to Managing Associate at Anand and Anand & Luthra and Luthra Law Offices?

    It was a combination of factors such as developing an expertise in my practice area and being able to handle matters competently and independently relatively early in my tenure at Anand & Anand. Most importantly, it helped that I was able to develop a rapport with the clients I worked with regularly so that when the time came for elevation to Managing Associate, clients were more than happy with me leading their matters on a regular basis without requiring a supervising partner. Consequently, my team reported directly to the Managing Partner of the firm.

     

    You were made a partner at Saikrishna and Associates in just Eleven months of work. What would you say helped you to join the ranks of a Partner?

    In January, 2014, I joined Saikrishna and Assciates as an Of-Counsel and within 11 months, I was promoted to the ranks of a Partner. So to say, yes, I was made a partner in Eleven months.

    Well I was a lateral hire from Luthra & Luthra having spent three years independently handling my own team and servicing the clients which had given me work when I shifted from Anand & Anand. I guess the ability to service clients professionally, train a team from the ground up, manage them and independently run successful campaigns on behalf of various clients were factors which led to me being elevated at a Partner at Saikrishna & Associates.

     

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    What kind of effort should a young Associate put in to work to get it appreciated? What distinguishes an Associate with a Partner when it comes to work?

    At an associate level, the requirements are relatively simple in terms of being totally aware of the factual matrix of the matter, doing diligent and through research, being reasonably acceptable at drafting and being disciplined at the work place. If an associate is able to display the abovementioned qualities, any firm would be more than happy as nothing more is expected. The deliverables as expected from a Partner are totally different as he or she is expected to provide strategic advice and guidance to a client on a particular matter or campaign, monitor and supervise the work done by associates, and also ensure that billing targets as given by the Firm are met by his team and recoveries happen in a timely manner.

     

    What does a Partner at a Law Firm like Saikrishna and Associates do? What falls within the scope of your responsibility? Tell us about a typical work day.

    A Partner at Saikrishna & Associates is responsible for supervision of matters handled by his or her team, appearances before various Courts, providing strategic advice in relation to matters, reviewing opinions and memos as required by clients from time to time on various legal aspects, ensuring that billing targets are met by the team and also developing and bringing new work into the Firm. A typical day involves either going to Court for matters as listed, or coming into the office and handling various miscellaneous work such as reviewing opinions, legal pleadings, client meetings and telecons. The Firm does a lot of outstation matters which usually involves travelling to various courts across states and either a Partner or Senior Associate/Associate does that depending upon the importance of the hearing and the complexity of the matter.

     

    How important is it for a Partner of a law firm to be good at business development, or are great lawyering skills enough to become a partner? What separates the people who become Partner from those who don’t?

    Different people have different skill sets and not every Partner in a law firm is a rainmaker. It is of course beneficial for a Partner to be good at business development as that helps in the overall growth of a Firm but at the same time it is important to have senior people in the Firm who are able to handle the day to day supervision and functioning of their respective departments thereby contributing to the overall efficiency and quality of work done by a Firm. I think the ability to handle and supervise complex matters, manage teams independently, provide strategic but practical advice to clients and having the ability to develop long standing relationships with clients which generate revenues for the Firm is what separates people who become Partners from those who don’t. That is not to say that other individuals are not equally important as human talent and expertise is the most valuable resource of a law firm and that is what gives a firm its “reputation”.

     

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    How is the work culture at Saikrishna and Associates? If an Associate commits a mistake or an error what course of action do you follow?

    Saikrishna & Associates has a great and innovative work culture which is quite different from the regimented schedules which some firms insist upon. The focus of the Firm is on “client delivery” and empowering individuals to be responsible for their work product. The result is that you find Associates as well as Partners being happily available to clients 24/7 which is much appreciated. I think the way a Firm deals with a mistake by an Associate is reflected by how its senior people deal with such a situation and in that sense the Firm has preferred to explain the error rather than “shout” at an Associate for committing a mistake.

     

    What are the other areas of study which you think that a law student wanting to excel as a professional in the field of IPR should be proficient in?

    I think it’s important for a lawyer to keep abreast of as many developments in law as possible as you never know on which facet a client may need urgent advice. An IPR matter may involve a taxation or royalty aspect one day or a criminal law aspect another day. Therefore, it’s very difficult to pinpoint any other branch of law which a lawyer must focus on to be proficient in the field of IPR.

     

    What changes has being a Partner brought into your life, do you ever feel that there is excess of work load on you? How do you manage to strike a balance between your personal and professional life?

    Being a Partner does bring added responsibility as you are ultimately responsible to the client for the work product turned out by your team. A Partner, as mentioned earlier does have to make efforts to bring in new clients into the Firm for its overall growth and development. The culture of the workplace makes a huge difference in being able to maintain a balance between work and personal life while a lot of firms may say that they place a great emphasis on the work life balance of their lawyers, our Firm does actually walk the talk so to speak.

     

    The trend is now on gathering various internship experiences at different places. Was the scenario same while you were pursuing law? How is internship helpful for a law student?

    The number of internships as done by students now, are a lot more as compared to when I was in law school. It’s not uncommon to find ten to twelve internships on a CV these days while we used to do one internship a year. An internship is very useful for a law student as you are exposed to so many practical facets of actual legal practice which is impossible to experience in law school. However, it is important to focus on the type of internships which a law student does during his law school years as the quality of internships are more important than the quantity on a CV.

     

    What is the procedure to apply for an internship or recruitment at Saikrishna and Associates? What are the qualities which they look for in their prospective employees?

    We have a Partner who is in charge of internships at the Firm. Prospective internees send their resumes to our HR department pursuant to which the Partner decides the internships to be granted for a particular period. We take special care not to overstuff the firm with a lot of interns at any given time to ensure that all interns get quality exposure to the work being done at the firm.

     

    What do you feel makes an intern stand out and is very important for him to do to have a chance of getting a call back or even a PPO? How do you think interns can get noticed in a positive way in the limited time they have?

    It’s important for an intern to be diligent and disciplined at his or her work. Reasonable oral and written skills, a decent knowledge of first principles and the ability to research properly is what makes an intern stand out from the crowd so to speak. It’s also important for internees to do at least a one month internship to enable the Firm to assess their capabilities as a 10 or 15 day internship, which some students do today to increase their tally of internships doesn’t really help in them either learning anything about the Firm or increasing their chances of getting a PPO.

     

    What would you suggest to someone who is preparing to work with an IPR law firm? What are the basic subjects which one should read and have understanding of before sitting for an interview?

    If an individual is interested in working for an IPR boutique firm then it’s advisable to be aware of the “first principles” and basics of IPR law in relation to Copyrights, Trademarks, Patents etc. An awareness of recent developments in the field of IPR is also very helpful and there are various online blogs and commentaries which regularly report such developments and recent case law.

     

    The question that whether one should specialise in a particular area of law or be more of a general lawyer often comes up before law students. What is your opinion on the same?

    It depends on the type of practice an individual wants to do. As an independent practitioner, it’s necessary to be conversant with various areas of law be it civil, criminal or even company/corporate law litigation and advisory. A lawyer in a law firm will typically specialize in a few areas and will be known in the profession for his expertise in those areas. I have come across very few lawyers working in law firms who can claim to be masters in all fields.

     

    Is there anything you would like to have done differently?

    I think every experience and decision teaches you something new which makes you a better person and professional. So to sum it up, I really would not have done things differently. There is still a long way to go and lawyers never retire anyways!!

     

    Where do you see yourself ten years down the line? Do you aspire to be like somebody from this field?

    Ideally sitting on a beach and relaxing!! On a more serious note, one would like to be someone known in the profession as an individual who is dependable, experienced and sought after. Every lawyer likes to be well known and let them not tell you otherwise. I really don’t aspire to be like someone. I would rather be known as myself ten years down the line.

     

  • Avijit Sharma, Associate, Saikrishna & Associates, work at IAMAI, winning moots and balancing studies

    Avijit Sharma, Associate, Saikrishna & Associates, work at IAMAI, winning moots and balancing studies

    Avijit Sharma graduated with a degree in Anthropology from Hans Raj College, Delhi, later he graduated in law from CLC, Delhi University in 2009. While in college, he earned several awards at moot court competitions including the award for the Best Speaker at the 27th National Bar Council of India Moot Court Competition. He was also the Convenor of the Moot Society at Delhi University. He began his legal career as Assistant Manager-Legal Affairs at Internet and Mobile Association of India. He is currently an Associate at Saikrishna & Associates. In this interview he talks about:

    • Balancing academics and mooting
    • Working at IAMAI and Saikrishna & Associates
    • Specializing in IPR Laws

     

    You have a Bachelor’s degree in Science (Anthropology) from Hans Raj College, DU. Could share with us any specific incident which motivated you to pursue law as a career?

    Law was always a career option for me. Law could be studied as a five year program after XII Boards, or a three year program after a graduate degree. Graduate degrees in English, Business Administration, Economics and commerce are considered useful for a career in law. However, after going through the syllabus for B.Sc. Anthropology I felt that it should provide an ideal foundation for a career in law – in no other discipline is one simultaneously exposed to the study of biological, sociological, cultural, economic and political growth of human beings and societies, as well as immediately useful subjects – such as human anatomy and forensic science. For me law was a logical progression from Anthropology.

     

    How was your experience at CLC, DU?

    I had a wonderful time at CLC, DU. The crowd was good. The faculty is great. The intellectual environment is stimulating. I focused on constitutional law, intellectual property and environmental law. I found criminal law fascinating and law of evidence absorbing, but tried not to neglect any major branch. I cannot presume to be able to advise anyone, but would suggest that one should try to explore every major branch of law.

     

    What is your take on academics?

    Academics are very important. A consistently good CGPA is a reflection of one’s attitude and habits of regularity, inner discipline and capacity for organized work. I believe that these qualities are equally essential for a good career in the legal profession. In addition, a good CGPA makes your CV impressive in the eyes of Law Firms and prospective employers.

     

    What skills did you get to hone as the Student Convener of your Moot committee?

    Being the student convener of the Moot Court Society was a cherished moment. The Moot Court Society was all about close looping with the senior and junior batch-mates and learning to present arguments at moot court fixtures. I am greatly in debt to Prof. Alka Chawla for recognising my time management skills, and entrusting me with various important decisions to manage the Moot Court Society.

     

    You have participated and won various moot court competitions. What is your advice to budding mooters?

    Yes, I have won various moot competitions and also won a scholarship and the Best Speaker award in the 27thNational Bar Council of India Moot Court Competition and in a few others.

    One has to be better prepared for the ‘competition’. It requires thinking through both sides of the ‘problem’, being conscious of the strengths and weaknesses of both sides of the case and an anticipation of the possible queries of the judges. In short, one should be prepared enough to be able to argue from any side of the case at a moment’s notice. My advice to a budding mooter would be – never to be aggressive at any moment, but to be assertive at all times. It is important to carefully listen to the arguments of the opposite side and the questions asked by the Judge.

     

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    How does one make a winning memo? According to you, what is the difference between a great and an average memo?

    My answer would be the same as in response to the previous question. Plus, a winning memo should be crisp and brief, without missing out on anything essential. A great memo would reflect the fullness of legal research, and a keen focus on the essential issues. An average memo would be comparatively lacking in these properties.

     

    How important do you think are co-curricular activities in shaping the legal career of a law student?

    Mooting, debating and publication in journals are the best intellectual pleasures for a law student and very effective preparation for a life in law. I’d say that it’s the time best spent.

     

    What are the tips and strategies you would like to share with our readers who are currently law students?

    Academics are very important, since they reflect one’s inner discipline and attitude towards work, and it would be foolish to sacrifice them for the sake of anything, including a good performance in a moot court competition. It is to be understood that the theory of law itself has resulted into various codified laws and landmark judgements. The great Nani Palkhiwala attained a tall stature at the bar on the foundation of a strong academic background. In short, one has to excel at both, which requires good time management – an advice which is easy to give but hard to follow. Nevertheless, a good CGPA can never hurt.

     

    How was your first year after graduation?

    The first year after graduation was a tad difficult, since I could not find congenial work at the very outset. It was important to have a proper start by finding a suitable opening with a law firm of repute.

     

    You started your legal career as an Assistant Manager – Legal Affairs at Internet and Mobile Association of India. How did your appointment take place? What was the nature of your work there?

    I applied for a position at Internet and Mobile Association of India (“IAMAI”), and was fortunate to have been offered the said position. I believe that it was due to the combined effect of my academic and extra-curricular record. As the Assistant Manager, Legal Affairs, in addition to the other things, the most interesting part of my duties was to watch and document the developments taking place in the cyber world – in India as well as globally, be they legislative, judicial, social, political or commercial.

    The tipping point came when I as a co-petitioner along with IAMAI decided to move the Supreme Court of India in a writ proceeding, challenging various provisions of The Information Technology Act, 2000 and the Rules framed thereunder. The Writ has recently been decided by the Supreme Court (reported as Shreya Singhal vs. Union of India) and is considered as a milestone in Internet Jurisprudence.

     

    Currently you work as an Associate at Saikrishna & Associates. Please tell us the recruitment process at Saikrishna. Tell us about your induction into the firm.

    S&A is always open to the induction of fresh associates. They look for young professionals having the ability to work smart as well as hard, in keeping with its professional requirements. I assume that in addition to a creditable performance at the graduate and law school level, the firm also gives weightage to the extracurricular as well as professional exposure and confidence in a prospective associate. I came in touch with Mr. Saikrishna Rajagopal and Mr. J. Sai Deepak in relation to my law related responsibilities at IAMAI. S&A and IAMAI were collaborating over several matters of mutual interests, including the above-mentioned writ petition. I must have left a good impression upon them and they were gracious enough to offer me the position of an associate in the firm.

     

    What kind of work and responsibilities does an associate at Saikrishna deal with?

    The Associates in the litigation department deal with subject matters pertaining to IP enforcement, regulatory litigation, competition law litigation, pharmaceutical advisory and litigation, entertainment, media and software anti-piracy campaigns. The gamut of work includes preparing briefs, drafting pleadings, researching relevant case laws, client meetings, court appearances. The firm provides ample work related opportunities, professional exposure and a conducive environment to enable its members to fully utilize their potential to the maximum, thereby enabling them to shape their standing and professional career.

     

    How did you build up your expertise in IPR?

    The study of law is a never ending process. A lawyer remains a student forever and only the finest and sharpest of minds can claim to be an expert in any given department of law. In all humility, I would say that I have been barely able to scratch the surface of IPR Jurisprudence. The primary essential of an IPR lawyer or for that matter a lawyer in any other field of law is his thirst for knowledge and an open but critical mind.

     

    What kind of internship applications do you think stand out positively?

    Interns are meticulously and rigorously coached at the Firm which offers to them invaluable insight into the professional lives of the lawyers conducting cases and appearing before the various courts and tribunals. The interns are given a range of responsibilities which includes research upon various propositions, preparing case notes and attending mediation sessions. The firm has an internal department which evaluates the applications keeping in mind various objective standards. I understand that interns having a working knowledge of the substantive and procedural laws usually do well with the firm.

     

    Given a chance to turn back the clock would you have done anything differently from what you’ve done?

    The study and of law and its practice has so far been an exciting journey. It has taught me ways of life. Given a chance, I would want to revisit my graduation days to attend and discuss study lectures of Prof. Kamla Sankaran on constitutional law and jurisprudence.

     

    Lastly, what would be your message to a law student who is yet to decide his/her career?

    The study of law is more than chalk and talk, so it is important to meet people, patiently listen to their ideas and to socialise. As an advice to law students, I would first stress upon the importance of academics and theory and thereafter making career decisions after evaluating the stream of opportunities which may come their way.

  • Radhika Seth, Associate, Competition Law, Saikrishna & Associates on pursuing law after B.Com

    Radhika Seth, Associate, Competition Law, Saikrishna & Associates on pursuing law after B.Com

    Radhika Seth completed a B. Com from Delhi University and got placed at KPMG, but having enjoyed studying a few legal subjects during under-graduation, she enrolled herself at the Campus Law Centre evening classes for the three-year law course. She participated in moots, was a part of the student body at DU and made time for numerous internships. Upon graduating, she started working at Saikrishna & Associates in the competition law department.

    Here, she talks about:

    • Comparing the three-year course with the five-year course in law
    • How to manage time between extra-curriculars and academics at law school
    • Being President of the Student Union at Delhi University
    • The field and scope of competition law in India

     

    How would you like to introduce yourself?

    I am a struggling lawyer who aims to be a specialist in competition law. I am currently working as an Associate with the competition law vertical at Saikrishna & Associates.

     

    When and how did you decide to study law? Which universities did you consider for your legal studies? How did you settle for LC-II, DU?

    Law really happened by chance for me, or to put it more philosophically, I feel I was destined to be a lawyer. I wanted to study commerce after school and so I took up B. Com (Hons) at Delhi University. At my under-graduate level, I studied various subjects like business management and accounting but more importantly, mercantile and company law.

    Surprisingly, I got more interested in the law related subjects than the typical commerce related subjects. It was then that I started experiencing a change of heart for law. It so happened that during my third year of B. Com(Hons), I was the first to be placed at KPMG from college and was almost convinced by everyone around me to join it, out rightly. And I did exactly that! But I also, fortunately, gave the law entrance at Delhi University for Faculty of Law during the same year to explore my interest for legal studies.

    I got a good rank to be able to opt for a college of my choice and so I chose Law Centre-II, which is the evening Centre of Faculty of Law, as it allowed me to work at KPMG and simultaneously attend classes in the evening. I pursued both Audit (at KPMG) and Law (as a student in Faculty of law) for six months. This was my transition period when I actually weighed life of an Auditor or someone working as an MBA vis-a-vis the life of a lawyer. And for me, I chose the life of a lawyer for the excitement and the rush that it brings.

    So, frankly, I didn’t consider going to any other college as for a three year law course, Faculty of law is one of the few good options available in this country apart from Government Law College, Mumbai or ILS, Pune.

     

    As a graduate of Delhi University, have you faced any comparison with the NLUs? What would you say to the future graduates of DU regarding this?

    Amongst the alumni of National Law Universities, one would generally feel a bias. They’re sometimes given preference for internships or even jobs. But in the end it’s your work which determines your worth. Of course, National Law Universities provide better opportunities in terms of better funding, infrastructure, exchange programs etc. but if you have the zeal to achieve something and the knack to learn, then no such bias would come in your way. Delhi University has its own charm and different learning opportunities. It sets you free and allows you to think out of the box. I would say, discover these opportunities and make your own way.

     

    How was your first year after graduation? How did you learn the ropes and what were the biggest challenges you faced?

    Generally, first year after graduation seems like a sea change from the college atmosphere that one is used to. For me, it wasn’t that difficult. I started working at KPMG right after B. Com (Hons) and interned all along my law school. By the time I graduated from law school, I was already aware as to what is expected out of a first year law graduate.

    I always took my internships pretty seriously and would try to intern for more than two months at one particular place. This really helped me to work on a particular case thoroughly. As a first year Associate, you’re definitely expected to be a good researcher, a swift learner, someone who is able to adapt to the work environment quickly. In my view, if you take your internships seriously, your first year of work would be the best year.

     

    You were the President of the Student Union at DU. What skills did you hone while managing such a responsibility?

    It was a life changing experience for me! I learnt a lot about people during that period. I organized various programs and events in college during that time, some of them were first-time initiatives. During the process, I interacted with all kinds of people coming from various parts of India and even the world. As a lawyer, it is very important to be able to understand your clients, your seniors and the judge. Being at the highest post a student can hold in Delhi University, made me understand the importance of going to the root of a problem or a given case. This always helps in devising better solutions to a given problem at hand.

     

    How important do you think are extra-curriculur activities in shaping the career of a law student?

    I feel these are pivotal to the development of a law student. While mooting and debating allows a budding lawyer to hone his/her public speaking skills, publications and research papers help in developing researching and reading skills. They also help in getting in-depth and out of textbook knowledge about a topic. These are some qualities which always come handy to a lawyer.

     

    How did you manage to keep up your grades? What are the tips and strategies you would like to share with mooters?

    I always chose those moots which were at least a month before or after my exams. Choosing a moot court competition which has a case problem related to your course curriculum also helps. I am also almost obsessed with pre-planning things. Making a moot calendar and preparing for the exams before-hand would obviously help.

     

    Soon after graduation, you joined Saikrishna and Associates as an Associate. How did your appointment take place? Tell us about the interview process and how did you prepare for it?

    After my graduation, I applied at various places including Saikrishna & Associates. I got interview calls from various places including Saikrishna. I gave one round of interview and was selected to work with the competition law vertical of the firm. For interview preparations, I would just brush up my memory for the core subjects of law such as constitutional law, the CPC and laws pertaining to my areas of interest which are IPR and competition law. During an interview, it’s always much easier if you be yourself, be confident of what you know and be honest in case you’re clueless about a particular question.

     

    What does your current work profile at Saikrishna and Associates consists of? How is a typical workday like?

    I am working as an Associate in the competition law vertical of the firm. My day starts by 10 am and generally doesn’t end before 8 pm. It also sometimes extends to working from home at night. As of now, I have been doing different types of tasks every day. Sometimes, it consists of drafting of an opinion for competition law compliance, giving information, defending your client at the CCI or attending client meetings etc.

     

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    Are there new challenges everyday or has work settled into a predictable pattern?

    In fact, taking from the previous question, I would say there is no typical workday at Saikrishna for me. Almost every day I am learning something new. This is also because competition law is relatively new in India and everyone is grappling with its practical applicability to the evolving nature of business transactions.

     

    What are the primary professional ethics you follow while at work? How do you deal with mistakes or errors?

    I always try to be punctual and geared up for work. It helps me be up-to-date and meet regular deadlines. I keep my seniors informed about the progress of the work and also about any delay before-hand. Replying promptly to e-mails and being honest with your boss always helps in building a good relationship. I try to always concede and own up whenever I make mistakes or errors and I make a note of them on my pin board so that I don’t repeat it again.

     

    Would you say your undergraduate B.Com degree has been helpful in your career?

    Yes, definitely. I still believe that a three year law program is a better call to make. For e.g. in my B.Com degree, I studied about business management, planning and other tools which help in business decision making. As a competition or a corporate lawyer, it is very important to understand the rationale of a particular business decision to further comment upon its legal validity. My B.Com studies have helped me a lot in reading financial statements and understanding decision making techniques.

     

    What kind of internship applications do you think stand out positively and enjoy a much higher likelihood of being accepted?

    I think the CV should reflect some productive activities which the candidate has been doing through law school. It does not necessarily need to be all subject related, it could be some organisational experience or even extra – curricular activities. Participation in moot courts, debate competitions, definitely gives extra brownie points. One is not expected to be consistent in the types of internships, e.g. litigation or corporate, but it is necessary that the CV reflects an effort on the part of the candidate to learn new things.

     

    If you could re-live your 3 years in Law school, is there something you would do differently?

    Not really. It’s the best time of your life and I enjoyed it thoroughly. If anything, I would say I should have enjoyed it even more than I did.

     

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    Where do you see yourself ten years down the line? Do you aspire to be like somebody from this field?

    As I said, I am struggling to be a specialist in Competition law. After ten years, I would like to introduce myself as a specialist in competition law. I like the way Justice Krishna Iyer writes his judgments and I like the swiftness with which Mr. Salve argues. It would be a great achievement for me if I am able to be even a small part of what they are.

     

    What would be your advice to students interested in competition law?

    It is an emerging law in India, very interesting and intriguing. One has a huge scope of growth in this law in India. IPR and competition law make an interesting intersection which is worth studying. Law students interested in competition law should read a lot about the emerging concerns and possibly intern with competition law verticals of firms.

  • Bharat Kumar, Senior Associate, Saikrishna & Associates, on work in litigation and pro bono commitments

    Bharat Kumar, Senior Associate, Saikrishna & Associates, on work in litigation and pro bono commitments

    Bharat Kumar graduated from Amity Law School, Delhi with a B.A.LL.B degree in 2009. He started working as an Associate in the litigation team of Saikrishna & Associates right after graduation and currently works as a Senior Associate there. He is also an empanelled counsel and counsellor for the Delhi State Legal Services Authority. In this interview he talks about:

    • Law school experience at Amity Law School, Delhi
    • Internship and recruitment at Saikrishna and Associates
    • The importance of pro bono work

     

    How would you introduce yourself? Could you please share a little bit of what motivated you to pursue law as a career?

    I was born and raised in Delhi and did my schooling from Ahlcon Public School. Essentially, I was a science student. Being from a typical ‘tam-bram’ family (and to be very honest with you!), I was rather fine-tuned since my childhood by my family members to someday become an engineer. Law, although, always fascinated me. I guess it was finally a couple of court excursions, which I did in the final days of my schooling that compelled me to pursue legal studies and become a (successful) advocate someday.

     

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    How would you describe your time at Amity Law School, Delhi? Did you take part in extracurricular activities? How important do you think that extra-curricular activities are to a law student?

    Time spend during college days was fun, yet informative. **Laughingly** Our college had a fairly strict attendance regime, which compelled us all to compulsorily amass knowledge! Internships were a regular during holidays. Guess that gave us all an insight into the area of law we desired to get into.

    Yes, I did take part in moot court competitions and played my hand at ‘Table-Tennis’, as a sport. Extra-curricular activities are quintessential to a law student as I believe they help not only in interpersonal skills, but also aid in nurturing the art of team management.

     

    A lot of law students promise to take up pro-bono work and do some socially relevant work. Have these ideas ever crossed your mind?

    Absolutely! Paying back to society should be if not our primary, but our next best ulterior motive. I did do an internship in the National Commission for Women (NCW) during my 3rd year in college, wherein I got an opportunity to be involved in a lot of cases concerning social issues. I am also currently an empanelled counsel and a counsellor for the Delhi State Legal Services Authority, whereby I help people belonging to the weaker sections of society by my legal services. My best advice to my younger brethren would be to help out as many needy people as possible, through your expertise or otherwise.

     

    How was your first year after graduation? What would you suggest a fresh law graduate should do to hold spirit and utilise the opportunities available?

    My first year was rather spent on learning (it continues to be so!). The emphasis was on a number of issues, more like, how to apply the law, be it procedural or substantive, onto a matter; how your senior argues a particular matter or even how interpersonal relations are to be developed in a workplace.

    Totally! I believe it takes a fair bit of time to settle in, in any workplace! I feel one should hold fort and not hold grudges against any fellow worker. Believe in your superior and he shall give you opportunities.

     

    Right after graduation, you started working in the litigation team of Saikrishna & Associates(S&A) as an Associate. How did your appointment take place? How would you describe your working experience there?

    During my final semester, I started applying in law firms. I was fairly sure that I wanted to pursue litigation only. I did receive interview calls from a few law firms, S&A being one of them. Fortunately for me and pursuant to a couple of interviews, I finally got a call to be a part of the firm.

    Working in S&A has been a delight! One is encouraged to handle matters on your own right from the start! Seniors are helpful with frequent discussions on legal issues. The emphasis is more on learning. I guess its fairly significant for any lawyer to have a good boss. I feel we have that in S&A.

     

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    How difficult were the first few months of Saikrishna & Associates(S&A) given that it focuses mainly on a specific field of law?

    Litigation offers one rather a protracted period of learning. Initial days in any organization can be challenging as practise may be reasonably different from what one has read. The first few months of my work was rather spent on learning drafting skills and getting deeper into the subject.

     

    What is the procedure to apply for an internship and recruitment at Saikrishna & Associates? If I say that I have never interned at Saikrishna & Associates, what should I do to apply for a job there?

    We have a fairly streamlined process of applying for an internship or for recruitment. Interns can mail their CV at interns@saikrishnaassociates.com. Pursuant to a screening of their credentials, they are allotted internships during various months of the year. A potential candidate seeking a place within the firm can apply on hr@saikrishnaassociates.com. This of course is subject to vacancies being present.

     

    What would you suggest to someone who is preparing to work with an IPR law firm? What are the basic subjects (IP and non-IP subjects) which one should read and have understanding of before sitting for an interview?

    It completely depends on whether one would want to get into prosecution or litigation or even work relating to policy. Considering the fact that one wants to get into litigation, one must have a reasonably good knowledge of the CPC. During college days, I presume we all tend to ignore the subject. Also, looking into the diversifications that have come forth in IP law, one has to be prepared even in the area of law he/she wishes to be in. Say for example, the requirements for a lawyer practicing copyright or trademark law is fairly different from a lawyer practicing patent law. The latter would surely require some expertise in science at a university level, in addition to legal studies. Nonetheless, the person going in for an interview should be updated with the latest developments in law. The recitation of a landmark case, together with your answer, during an interview would surely make an impact.

     

    Please give our readers a few tips in order to land a job in an IPR firm.

    One needs to make sure that their internship is promising and fulfilling. Working with outmost diligence and hard work will surely help in bagging one with a job.

     

    You have specialized in IPR. What made you interested in the same?

    IPR is an emerging field with a plethora of opportunities. Moreover, the same is also non-conventional, with an emphasis over the protection of rights concerning modern day issues. I believe IP issues, which I read rather habitually on a few popular blogs, elevated my interest levels and made me interested in the same.

     

    After four year of work as an Associate, you were promoted to Senior Associate. How did you go about achieving this?

    **Smilingly** Guess the question should rather be put to my supervisor(s)! I just did my bit. One needs to make sure that work’s done efficiently and well within the permitted period of time. Be thorough with your matter and with the subject. That’s what is required.

     

    Have you ever considered starting up on your own? Would you say the opportunity a firm provides for a young lawyer is worth the trade off in building a reputation?

    No. S&A provides us with the independence of arguing and handling matters all by ourselves. Our managing partner provides us with adequate liberty to handle and/or supervise even big ticket matters with minimal supervision.

    Absolutely yes! Firms currently provide a very good platform to help and make your mark. One gets adequate client interaction even during their initial days. It definitely helps in gaining a lot of exposure.

     

    What is a normal workday like at Saikrishna & Associates?

    A normal workday usually begins with matters in court. The same is followed by working on client issues together with preparation on matters coming up on subsequent day(s).

     

    What would be your parting message to our readers?

    College days are the best days of your life. Enjoy them to the hilt! Just make sure that you have above average credentials and good internship experiences. Once you’ve finalized where you would want to work, spend most of your time interning with that office. Give your best to it and believe me, your future’s secure!

     

  • Suvarna Mandal, Associate, Saikrishna & Associates on specialisation in IPR from Kings College

    Suvarna Mandal, Associate, Saikrishna & Associates on specialisation in IPR from Kings College

    Suvarna Mandal graduated with a BSL.LL.B (Hons) degree from ILS, Pune in 2012. Soon after Graduation, she went on to pursue Masters in Intellectual Property Law from Kings College, London. She has an enviable academic record and an excellent series of internships at top law firms. She has also done Diploma courses in Corporate Laws, Cyber Law, Intellectual Property Law, and Business Laws. Currently, she works as an Associate at Saikrishna and Associates.

    In this interview, she talks about:

    • Law school experience at ILS
    • Pursuing further studies and LL.M from Kings College
    • Appointment at Saikrishna and Associates

     

    Though it’s one of the most asked questions but yet, why law?

    Well, to be completely honest, I wasn’t planning on doing law when I was in High School. I intended to pursue a career in either medicine or journalism. However, in addition to having a keen interest in public-speaking, I was also an avid follower of legal luminaries like Nani. A. Palkhiwala and Leila Seth, and consequently, a career in law fascinated me. I procured an admission into ILS, Pune and though I had secured admissions into various colleges in Delhi University as well, I was advised by many to definitely look into law as a career option.

    Luckily, I had the chance to attend college at ILS for a month before I had to finally decide my career path, and within a month, I was sure that law is the best career option for me. It is my personal opinion that as a lawyer you are constantly learning and constantly adapting to a dynamic environment, and the knowledge that one procures from their LL.B degree is just the tip of the iceberg. From what I have gathered so far, even a lifetime is not enough to specialise in a particular genre of law. This was one of the deciding factors for my inclination towards law.

     

    Tell us something about your college life? What all activities did you participate in?

    While in college, academics was always the first priority, and I spent a major portion of my time understanding and studying the subjects that were taught in every semester. In addition to that, in order to expand my knowledge in specialised fields, I had done Diploma courses in Corporate Laws, Cyber Law, Intellectual Property Law, and Business Laws from Asian School of Cyber Laws, Pune and ILS itself. I had also participated in a couple of Moot Courts conducted internally at ILS and also represented my college as a Speaker in the National Round of the Commonwealth Moot Court Competition, 2009, at School of Law, Christ University, Bangalore. My preference for Intellectual Property Law directed me to write a couple of articles on IP related topics. As far as co-curricular activities are concerned, I was part of the Corporate Law Cell and the theatre group “Aahwaan” of ILS.

     

    You have interned at top-notch law firms including Khaitan, AZB & Partners, Karanjawala and LexCounsel. How did these experiences help mould you as a lawyer?

    My internship experiences at all these firms have been varied as I have had the opportunity to work in different departments and areas of law including IP Law, Corporate Law and basic civil litigation. Personally, internships have benefitted me greatly because my internship with the IP team at Khaitan made me realise that Intellectual Property is definitely my core area of interest. As a law student, it is difficult and in fact premature to make up your mind about the field of law that you would like to practise in. In my view, as a student of law, it is sufficient to just have a general idea about your areas of interest. In this regard, internships help you a great amount because you get to experience first-hand, what it would be like, to work in that particular area of law.

     

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    Right after graduating, you went for LL.M. Please share with us all the decisive moments leading to this.

    Many law students are often torn with the decision of choosing to pursue their LL.Ms soon after their LL.B. or getting some work experience before opting for the same. There are pros and cons in either scenario, and the decision has to finally be taken by the individual. I too had my share of the dilemma and confusion, but I was clear that  Intellectual Property Law was my preferred area of interest and that I wanted to study more for a comprehensive understanding of the subject. This encouraged me to first complete my Masters and then start working as a legal professional.

    Since I was sure that IP Law was the subject I wanted to specialise in, I started looking for LL.M. courses that offer the same, and The Dickson Poon School of Law, Kings College London was one of the premier and top rated institutes in UK for the same. KCL offered a specialist LL.M. Degree that focussed on Intellectual Property law prevalent in various jurisdictions and had modules that helped the prospective students in developing a speciality in the subject in academic as well as practical aspects.

    The faculty was excellent and comprised of the top-names in the field like Tanya Aplin, David Llewelyn and Sir Robin Jacob. Due to all of these reasons, this course was obviously my first choice and I was fortunate to secure an admission at Kings College, London.

    The experience of studying at KCL was enriching on all fronts which gave me the opportunity to learn from the best intellectuals in the sphere of IP, and learn with students of different backgrounds and cultures.

    As of today I can confidently say that my LL.M. at KCL has benefitted me personally and professionally. One of the main reasons for me to apply for an LL.M. outside of India was to understand the manner in which IP laws were interpreted and how they operate at a global level and its comparison with IP Laws in India.

     

    Please tell our readers about the application procedure and other requirements?

    From personal observation, I had noticed how Universities (especially abroad) gave importance to student profiles that indicated that the student has put in hard work to build a rounded CV representing his interests and activities not only in his law course but also in co-curricular activities of his choice. Internships, publications, involvement with NGO’s and social causes, cultural activities, etc. facilitate in building an overall strong profile. Having said that, a good score is essential to get into a college of your choice as that is the first criterion that Universities look into.

    The applications for LL.M. should be sent out as soon as the Universities commence with registration process as many a times, good candidates are left out merely because of applying late. Very important aspects of your LL.M. Applications are to have a crisp Statement of Purpose and to obtain good Recommendation Letters. If you have decided to pursue your masters then it is essential to start working on your recommendation letters (from faculty and from your internships, if you are not already working) and your SOP.

     

    What were your areas of interest while you were an undergraduate student and how have they helped in choosing your subjects/courses for the LL.M programme?

    I have been a voracious reader all through and have found that reading has always leaded to my inspirations and aspirations in life by broadening my horizons. As an undergraduate student, in addition to being involved with activities that were offered by my college, I was also involved in Theatre and Music. I was part of an English theatre group of Pune and performed on stage for the same. Music has been a part of my life since I was a child and I have received training in singing in Indian Classical Music and Western Music. This particular interest directed me towards writing my own songs, and after composing a couple of melodies I couldn’t help but wonder how I could protect these compositions. My interest in these creative fields and the element of curiosity to protect my musical compositions made me want to explore the field of Intellectual Property Law.

     

    Tell us something about your LL.M year. What kind of activities were you involved in over there?

    My LL.M. experience was challenging, enriching and ultimately very rewarding. I was given the esteemed opportunity to study under and interact with internationally acclaimed academicians and practitioners who helped me greatly in my analytical and critical approach to the issues in IP Law. I studied amongst students of different nationalities, some of them were established legal professionals with substantial work experience, and some of them had recently graduated law, just like me.

    As postgraduate students of KCL and University of London we had access to some to some of the best law libraries worldwide, including Maughan Library of KCL, and the law library at the University of London’s Institute of Advanced Legal Studies (IALS). The college encouraged its students to participate in various seminars and workshops by Guest speakers, networking events, etc. organised internally or externally conducted. The students were also given an opportunity to meet legal experts such as Judges, solicitors, barristers, in-house legal counsels, etc. in order to discuss a career in IP Law.

     

    How difficult was studying abroad in terms of finding accommodation, finances and settling in? Are there any scholarships for studying at KCL?

    There is no denying that living in a city like London may be a little intimidating at first, but eventually you get comfortable. As soon as you are accepted into a college, you are provided with various accommodation options that the college can offer you, and fortunately, I was able to secure a hostel accommodation at KCL even before going to London.

    There are also several options available to students who do not wish to live in accommodations provided by the college and several organisations/websites work towards helping such students. London is a very student friendly city as there are substantial amounts of discounts available to students in public transport, restaurants, grocery stores etc. which is a relief considering that London is an expensive city to live in. As far as scholarships are concerned KCL does offer a couple, however they are extremely competitive and mostly inapplicable to Indian students. The website of the college offers all the details pertaining to the same.

     

    How was the faculty and academic schedule at KCL? Given your experiences how would you pit Indian students with their foreign counterparts?

    That pretty much depended on your choice of modules. The modules that I chose, required me to attend about 3-4 classes per week with a pre-defined reading list that needed to be studied before the class. This way, the understanding of what you studied from the list became crystal clear when the same was discussed in class with the professors. A glaring difference in the mind-set of the foreign students viz. a viz. their Indian counterparts is that the former believed in a more ‘comprehension based’ education system whereas we believe in memorising our syllabus, sometimes without understanding the underlying concept. I am of the opinion that if we are able to inculcate an application-based and practical method of comprehending the subject in our education system and combine that to the gruelling hard work that Indian students are used to, then we would have the perfect recipe for all round success.

     

    Was there time enough for non academic pursuits at KCL? How did you find the study-life balance to be?

    Though the LLM course is rigorous and requires commitment, there was enough time to explore London and indulge in the activities that it had to offer. The city has a rich history and culture and there are many places that one could visit in and around London even on a student budget. The recipe for balancing your student life and unwinding in one of the most renowned cities of the world is simple. One should make it a point to study the reading list given to you before classes, regularly attend your classes, engage in discussions with your peers and professors during classes, and always complete the assignments given by your faculty. This will help you greatly for your examinations and at the same time you will also have enough leisure time to relax and enjoy student-life at London.

     

    Soon after Masters, you joined Saikrishna and Associates as an Associate. Tell us about your induction into the firm.

    Getting absorbed into Saikrishna & Associates is a privilege and I grow and learn as a legal professional every single day. It is truly a terrific opportunity to be able to work with and rub shoulders with the best and the brightest minds in the industry. The seniors of the firm are fantastic mentors and dedicated lawyers that inspire you to work harder and learn more. I have been an Associate at S&A for almost a year now, and have had the chance to work in various verticals and practise areas of the firm such as IP Litigation, Transactions, Company Law Litigation, Advisory and Policy Reform, etc. I have also had the chance to co-author with my seniors, several publications in legal journals and magazines.

     

    Many lawyers would say that the actual learning takes place in the years of practice. How far would you say it is true? What was the case in your situation?

    Well, knowledge is power and experience enriches our knowledge. A good educational background lays down the foundation to be a good professional. As a lawyer the learning is constant irrespective of what stage you are in, whether a student or a professional, and you never really cease to be a student of law. It is essential to be true to the role that you are currently in and to try and meet the expectations of that role. There is obviously a difference in studying law and practising law, however the comfort level to understand both comes with hard-work, patience and time.

     

    What would be your advice to students interested in Intellectual Property Rights?

    Intellectual Property Law is a dynamic and constantly growing field. We currently live in a digital and global society and Intellectual Property Rights permeates into our daily lives. IP Law in India is developing at an exponential rate and has tremendous untapped potential. Students who wish to study and understand IP law should try and secure internships in firms that practise the same. In addition to that they should try and take up diploma courses in IP law so as to increase their knowledge base in the subject. It is also essential to stay abreast with the developments and major judgments in the field.

  • Savni Dutt, Associate at Saikrishna, on copyright, patents and authoring a book

    Savni Dutt, Associate at Saikrishna, on copyright, patents and authoring a book

    Savni Dutt graduated from NLUJ in 2013. She has represented her college at prestigious moot court competitions like the ICLN ICC Trial Moot Court Competition where her team went for the International Rounds. Apart from being a part of the Editorial team during her internship with the Centre for Legislative Research and Advocacy, she has also published her book, ‘Freedom to Publish’. With her specialization and interest in Intellectual Property Law, she joined the litigation team at Saikrishna & Associates and is now working there as an Associate.

    In this interview we asked her about:

    • Graduating from NLUJ and working at Saikrishna & Associates
    • Importance of Internships, maintaining grades and experience at mooting
    • Approach to Academic Writing and publishing a book

     

    How would you introduce yourself? Could you please share a little bit of what motivated you to pursue law as a career?

    Throughout my time at school in Gurgaon, I was mostly involved in academics. Other than that, my interests were dance and theatre, and they continue to be. I studied law at National Law University, Jodhpur and now work as an Associate in the litigation team at Saikrishna & Associates. My interest in the study of law stemmed from the many stories I had heard of my late grandfather who was a practicing lawyer in Delhi. However, I was always inclined towards a career in research or policy and studying law seemed to be the most appropriate step towards achieving that. So while I knew I wanted to study law, the decision to actually practice law as a career only came about incidentally.

     

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    Tell us a bit about your days at National Law University, Jodhpur?

    NLU, Jodhpur is a fully residential university that allows its students to make it their own. It gives its students a lot of time and flexibility. There is an active and competitive mooting culture at NLU Jodhpur. Most students seem to gravitate towards it but there’s enough time for other things like writing and sports to name a few, if one is interested. I chose to spend my time in helping organize our college fests as also other intra-university events.

     

    How were you internship experiences?

    Internships play a huge role in helping a law student find his/her area of interest and are the best source of learning. The kind of hands-on experience that a good internship can provide is unbeatable. Therefore, it is very important to choose the right kind of place for an internship to suit your interest and then to give it your best. As a student looking to learn at the job, I tried to do as many different kinds of internships as I could. My main goal was to use the period of 5 years to experience as many different kinds of legal work as I could to be able to make an informed decision about what I wanted to do once I graduated. I interned with an NGO, a research organization, with a trial court lawyer at the Tiz Hazari district court in Delhi, as also some corporate law firms. I also briefly interned with the in-house legal team of an international company. But it was the brief encounter I had with litigation during my internship at Saikrishna & Associates, which gave me the opportunity to assist on some very interesting cases, and helped me finally choose litigation over other options.

     

    You’ve represented your university at prestigious moot court competitions in India and abroad. How significant do you think mooting is for law students?

    I think mooting is something that all students must participate in at least once during their law course. While mooting might not be a reflection of what courts are really like, the lessons that one learns from the process and approach followed in moot courts are helpful even professionally. To me the most important things about mooting are working as a team and working within the limitations of time, pages, format, etc., that can truly be very stressful. Moot Court Competitions are a great way for students to push themselves into thinking out of the box. These are the important skills that according to me have been the handiest while drafting pleadings for court, often on short deadlines and appearing before an actual Court.

     

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    At the 2012 ICLN ICC Trial Competition your team was one of the two that qualified from India. What was the experience like?

    The 2012 ICLN ICC Trial Competition was a surreal experience from the time our entry, for the qualification round, was scored the highest amongst the Indian entries. The format of the competition is very different from other moots and it was nerve-wracking because each speaker was responsible individually for each round. The subject matter of the moot is international criminal law, which was a big challenge for us because we had to start our reading and research on the subject from scratch. As part of our preparation we had completed a certain amount of reading even before the topic for our written assignment was sent to us. After our qualification to the international rounds and the submission of the memorials, it was a series of oral practices that continued for around two months to perfect the structure of our speech, timing and modulation.

     

    Please tell us about your book- ‘Freedom to Publish’. How would you recommend that law students approach academic writing?

    ‘Freedom to Publish’ is a primer aimed at an audience of authors, publishers, students and professionals to empower them with basic knowledge of possible legal issues that one must be wary of when publishing something. The book has been published by ‘Manas Saikia Foundation’ and is distributed free of cost in public interest. Mr. Saikia had the idea for the book in the wake of the growing number of instances where books and publications were being abandoned or withdrawn because of potential legal actions. The book has been kept short and simple to increase its accessibility and utility to someone who isn’t a lawyer.

    An academic piece should appeal to a wide audience. Thus, it is imperative for an author, to put ideas and research in a coherent and streamlined manner. There is also an additional responsibility to check, recheck and be absolutely sure of what is being published. These are important skills for any lawyer, and with each academic piece, one perfects them. Law students, interested in academic writing, should ensure that their publication is focused on a specific issue instead of it being on a broad subject. It is also important that the publication proposes a solution or an alternative or a concrete conclusion to explain, to the reader, the purpose that has been achieved by it.

     

    You’ve been a member of an editorial team as well. Please tell us about the experience. What are the things you get to learn from such an experience?

    I got an opportunity to work with the editorial team on the Policy Booklet for Parliamentarians on Millennium Development Goals and Gender Budgeting in India, during my internship with the Centre for Legislative Research and Advocacy. It was an interesting experience though short lived, as it was limited to the duration of my internship. Nevertheless it was an enriching experience that taught me the importance of compartmentalization of work while working as a team. It also taught me how I can filter my writing and appropriately convey my ideas by making them crisp and easy for the reader. This proved very helpful in the process of writing the book.

     

    We would love to hear about your work profile. What made you choose this particular avenue?

    After studying a course on IP, I realized that there was no other subject that came as naturally to me as this one. I also believe that our professor of IP, at the time, Mr. Yogesh Pai had a role in making the subject that much more interesting. Eventually, to test my interest I chose to intern at Krishna & Saurashtri in Bombay but I was convinced only after gaining some litigation experience at my two internships with Saikrishna & Associates in Delhi.

    I work with the litigation team so my work primarily involves cases dealing with issues of copyright, patents, trademarks along with some cases relating to media law, personality rights and tort law in the form of unfair competition and commercial misappropriation. Additionally, I’ve been lucky to be involved in the series of ongoing litigation concerning the possible overlap between the competition law and patent regime. An ordinary day at work is a balanced mix of court action, drafting, researching and brainstorming with other associates.

     

    What were the biggest hurdles and challenges in the first few months? How did you deal with them?

    The first six to eight months of my career were exciting, intimidating and annoying all at the same time. They were exciting because I was finally doing what I had been waiting to do from December 2012 to August 2013. It was intimidating because my actions now had consequences. One of the biggest challenges for me in the first six months of my career was coming to terms with the responsibilities that come with being a professional. Finally, I use the term annoying because for the first few months it felt like I knew nothing, which made it harder to focus. While I am still trying to figure out how to deal with being both happy and angry about work at the same time, there is one thing that I have learnt. I have learnt that things will get done.

     

    What, according to you, are the skills required of an advocate aspiring to build a successful career in intellectual property law?

    Every time I have been in doubt, I have been told that to be able to do build a successful career in law, one need not be a genius. Average intelligence with hard work is all one needs to become a successful lawyer.  Whatever be the field of law, there is no substitute for hard work. For those interested in IP as a potential area of practice, I would suggest extensive reading on the subject. IP is vast, it is growing and most of it is still unclear, so there is a lot of room for different views. If there is a topic that interests you, read about it as much as you can but importantly write about it too. I also feel that we focus a lot on the concepts in IP and forget the procedure. One must pay equal attention to the filing and procedure for grant or registration of an intellectual property.

     

    How important do you think that extra-curricular activities are to a law student?

    Any extra-curricular or co-curricular activity is extremely important for a law student simply because it adds value to one’s time and experience as a student at the same time developing some skill or characteristic. It is also a great way to begin networking, which is extremely important for any lawyer/law student. Through law school, it was my attempt to choose a different activity every semester. So if I chose to participate in a moot one semester, the next semester was dedicated to a sports fest or a parliamentary debate. This way I was able to give importance to academics, participate in events and have some spare time at college.

     

    As a concluding message, what would be your suggestions to law students?

    Law students must remember that it is very important to maintain a good grade and to participate and to intern but it is equally important to enjoy law school. I borrow here the unconventional yet inspiring closing words by Judge Kozinski from Mattel v. MCA Records, Inc.,

    “The parties are advised to chill.”