Super Lawyer

Tag: Technology law

  • “In essence, global success in law is no longer reserved for the privileged few. With the right mindset, a commitment to growth, and the courage to take that first step, no matter how small, you can carve your own path.” – Medini Sourav Dutta, Regional Lead Legal at The Hershey Company, Malaysia.

    “In essence, global success in law is no longer reserved for the privileged few. With the right mindset, a commitment to growth, and the courage to take that first step, no matter how small, you can carve your own path.” – Medini Sourav Dutta, Regional Lead Legal at The Hershey Company, Malaysia.

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

    Your journey from a remote village in India to a senior legal role in a century-old American multinational is incredibly inspiring. What early experiences or turning points played a pivotal role in developing your interest in Law in the first place?

    Growing up in a remote village in Assam, access to resources was limited, but the values instilled in me, resilience, curiosity, and a strong sense of justice, were profound. I vividly remember witnessing everyday challenges faced by people in my community, often due to a lack of awareness of their rights or access to legal support. These early observations sparked a deep interest in the mechanisms of justice and how the law could serve as a tool for empowerment.

    A pivotal moment came during my school years when I had the opportunity to assist a local teacher who was helping villagers draft and understand basic legal documents. That experience, though informal, was transformative. It opened my eyes to how meaningful an impact legal knowledge could have when applied with empathy and purpose.

    Later, during my university studies, I was drawn not just to the theory of law, but also to its application in real-world, cross-border business scenarios. This interest deepened as I began to understand the role legal professionals play in shaping not only individual outcomes but also the trajectory of entire organizations.

    Each step of the way, from the modest beginnings in my village to engaging with multinational teams across continents, has been driven by a belief that the law, when practiced with integrity and foresight, can be a powerful enabler of growth, fairness, and progress.

    Spanning over 15 years across industries like pharmaceuticals, IT, and manufacturing, your career reflects both depth and versatility. What foundational lessons from your early roles continue to guide your practice today?

    One of the most enduring lessons from my early roles is the importance of listening deeply and understanding the business context before offering legal advice. Early in my career, I realized that being technically sound in law is essential but not sufficient. To be truly effective, a legal professional must align legal strategy with business objectives and operational realities. This perspective has consistently guided my approach across industries.

    Another foundational lesson is the value of clarity and simplicity in communication. Whether I was supporting a pharmaceutical company on regulatory compliance or helping an IT firm scale its contract operations, I learned that demystifying legal complexity for non-legal stakeholders builds trust and accelerates decision-making. The ability to translate legal language into practical guidance is something I continue to emphasize and foster in the teams I lead.

    Lastly, adaptability has been a constant companion. Working across different geographies and regulatory frameworks, from India to the Americas, taught me to stay agile, culturally sensitive, and open to learning. The legal landscapes may differ, but the need for sound judgment, ethical integrity, and strategic foresight remains universal.

    These early principles, business empathy, clear communication, and adaptability, have become the cornerstones of my practice and continue to shape how I engage with stakeholders, lead teams, and deliver value in complex, evolving environments.

    At The Hershey Company, you’ve played a key role in ensuring compliance with corporate governance, legal obligations, and regulatory standards across regions including APAC and Europe. Could you share one of the most challenging situations you’ve encountered in this journey, and how you effectively navigate it?

    Thank you for the question. While I must respect the confidentiality obligations inherent to my current role and cannot discuss specific internal situations, I can share that navigating complex compliance challenges across diverse jurisdictions requires a combination of proactive stakeholder engagement, cross-functional collaboration, and adaptability to evolving regulations.

    In my experience, the key to effectively managing such challenges lies in fostering open communication with local experts, aligning legal strategies with business goals, and maintaining a flexible yet rigorous approach to compliance. This mindset has consistently enabled successful navigation of complex regulatory environments without compromising confidentiality.

    With extensive experience in negotiating high-value contracts, what common pitfalls have you observed in commercial negotiations and how can legal teams proactively avoid them in high-pressure environments?

    One of the most common pitfalls I have observed in high-value commercial negotiations is focusing too heavily on legal minutiae without fully understanding the commercial drivers and deal dynamics. While it’s crucial to safeguard the company’s legal interests, an overly rigid approach can alienate the counterparty or delay progress, especially in high-pressure environments where timing and agility are critical.

    Another frequent misstep is insufficient alignment between the legal team and internal business stakeholders before negotiations begin. When legal teams are brought in late or are not fully briefed on the business objectives and risk tolerance, negotiations can become reactive rather than strategic, leading to missed opportunities or poorly structured outcomes.

    To proactively avoid these pitfalls, I emphasize the following approaches:

    1. Early and continuous collaboration: Involving legal professionals at the outset of the deal cycle fosters a proactive, strategic approach rather than a reactive one. By gaining a deep understanding of the underlying business rationale, legal teams can craft solutions that not only mitigate risks but also actively facilitate and enable the successful execution of the deal.
    2. Scenario planning and fallback positions: In high-stakes negotiations, pressure can lead to rushed decisions. By preparing fallback positions and pre-approved negotiation levers in advance, legal teams can respond quickly without compromising on key risk parameters.
    3. Clear internal alignment on priorities: Before entering negotiations, I ensure that all internal stakeholders, from finance to operations, are aligned on what is negotiable and what is not. This clarity helps present a united front and prevents conflicting messages during the negotiation process.
    4. Balancing firmness with flexibility: Successful negotiations often require finding creative middle ground. Legal teams that are solution-oriented, commercially aware, and culturally attuned are far better positioned to achieve outcomes that are both compliant and commercially viable.

    Ultimately, effective negotiation is about understanding both the legal and human elements of the deal. By staying calm under pressure, communicating clearly, and staying focused on the end goal, legal teams can not only protect the business but also enhance its reputation as a trusted and pragmatic partner.

    Legal technology and process optimization are central to your work. What do you see as the biggest opportunities and challenges for legal departments embracing automation and AI in contract lifecycle management?

    The rise of automation and AI in contract lifecycle management presents an exciting opportunity for legal departments to transform from being reactive support functions to strategic enablers of business efficiency and growth. When implemented thoughtfully, legal technology can drastically reduce cycle times, improve compliance, and deliver actionable insights from contract data, turning legal operations into a source of competitive advantage.

    With AI-powered analytics, legal teams can extract trends from thousands of contracts, identifying risks, renegotiation triggers, or compliance gaps proactively. Automation also enables standardization and scalability, especially for high-volume, low-risk agreements, freeing up legal talent to focus on complex, strategic matters.

    However, the challenges are equally significant. One major hurdle is change management. Legal functions have traditionally been risk-averse, and shifting mindsets toward embracing technology can be slow. Without clear alignment between legal, IT, procurement, and business teams, implementation can become fragmented, resulting in poor adoption and underutilized platforms.

    Another challenge is balancing automation with judgment. AI can streamline workflows, but legal decision-making still requires human insight, especially in nuanced or high-stakes scenarios. Ensuring that automation enhances, rather than replaces, critical thinking is key.

    To navigate this journey successfully, I believe legal departments should focus on three core principles:

    • Start with process clarity and optimize before automating.
    • Select tools that integrate seamlessly into existing ecosystems and workflows.
    • Invest in capability building, ensuring teams are trained not just on how to use technology, but how to extract its full strategic value.

    Ultimately, the goal is not just to automate for efficiency but to elevate the role of legal as a proactive, tech-enabled partner in the business ecosystem.

    You’ve led teams and collaborated across functions globally. What leadership principles have stayed with you, especially when working with diverse legal and business stakeholders?

    Leading and collaborating across diverse legal and business teams, often spread across different geographies, cultures, and regulatory environments, has taught me that effective leadership is grounded in empathy, clarity, and trust.

    One principle that has consistently guided me is the importance of active listening and cultural sensitivity. In global environments, legal and business perspectives can vary significantly depending on local norms, risk perceptions, and market dynamics. Taking the time to understand those perspectives, before offering solutions, builds credibility and strengthens collaboration.

    I also believe in leading with clarity of purpose. Whether I’m guiding a legal team or partnering with cross-functional stakeholders, I strive to clearly communicate goals, expectations, and the rationale behind key decisions. In complex projects, especially those involving regulatory or commercial risk, clarity helps align efforts and fosters collective ownership.

    Another key principle is empowerment through trust. I have found that giving people the space to take ownership while being available as a sounding board, creates stronger, more resilient teams. It is especially important when managing legal functions across time zones, where micromanagement is not only ineffective but also unsustainable.

    Finally, I try to lead by example, particularly when it comes to integrity and accountability. In legal roles, your credibility often precedes you. Being consistent, dependable, and fair, even under pressure, helps build long-term trust across both legal and business communities.

    In essence, leadership in a global legal context isn’t just about directing, it is about connecting, aligning diverse perspectives toward common objectives, and doing so with authenticity, respect, and strategic foresight.

    Your early exposure to litigation and dispute resolution must have provided valuable perspective. How did you decide to transition to an international practice and how did you navigate the complexities involved with it?

    My early exposure to litigation and dispute resolution gave me a solid ground in the fundamentals of legal analysis, advocacy, and risk assessment. Working on contentious matters in the Indian legal system taught me to think critically, anticipate challenges, and understand the nuances of courtroom dynamics, all of which are invaluable skills, even outside the litigation context.

    However, over time, I became increasingly drawn to the preventive and strategic side of legal practice, particularly how legal frameworks could be leveraged to support business growth, mitigate risk before it materializes, and enable long-term value creation. I saw international practice as a natural evolution of this interest. It offered the opportunity to work across jurisdictions, partner closely with business leaders, and help organizations navigate regulatory complexity on a global scale.

    The transition wasn’t without challenges. Moving from a litigation-focused role to an in-house, cross-border environment required me to reorient my mindset from issue resolution to issue prevention, and from adversarial negotiation to collaborative problem-solving. I invested significant time in understanding international legal systems, both common law and civil law traditions, as well as gaining fluency in business operations and corporate governance.

    One of the most effective ways I navigated this shift was by embracing continuous learning and remaining adaptable. I took on roles that expanded my exposure to multinational operations, built relationships with colleagues across functions and cultures, and sought mentors who had successfully made similar transitions.

    In hindsight, my litigation experience gave me a strong foundation in legal rigor and risk management, while my move into international practice allowed me to broaden my impact, helping businesses not just survive legal hurdles, but thrive through strategic legal support.

    Having worked across both common and civil law systems, what key differences do you notice in legal operations, and how do you keep up with the ever changing dimensions of legal compliances across jurisdictions?

    Working across both common and civil law systems has deepened my appreciation for the diversity in legal reasoning, procedural approaches, and the role of precedent in shaping legal outcomes. In common law systems, there is a strong reliance on case law and judicial interpretation, which demands a nuanced understanding of precedent and how it evolves over time. In contrast, civil law systems are more codified and statute-driven, requiring a close reading of the legislative framework and its administrative interpretations.

    From an operational standpoint, these differences manifest in contract drafting styles, dispute resolution mechanisms, and compliance expectations. For instance, civil law jurisdictions may favor more concise contracts that rely on statutory provisions, whereas common law jurisdictions often require more detailed, self-contained agreements. Similarly, the pace and approach to regulatory enforcement can vary widely. What is standard in one jurisdiction may be seen as intrusive or inadequate in another.

    To manage these complexities, I take a proactive, layered approach to legal compliance:

    • Local Expertise: I collaborate closely with local counsel and regional experts to stay aligned with jurisdiction-specific interpretations and enforcement trends. This ensures that our global strategies are grounded in local realities.
    • Knowledge Sharing and Internal Training: I prioritize creating internal awareness through cross-functional training, compliance toolkits, and internal policy updates, making sure legal and business teams are equipped to operate responsibly across borders.
    • Regulatory Monitoring and Strategic Technology Use: I leverage legal tech solutions and regulatory intelligence platforms to track evolving legal landscapes, particularly in areas like data privacy, ESG, and trade compliance, where change is rapid and multidimensional.
    • Harmonization with Flexibility: Wherever possible, I advocate for harmonized global processes that can be tailored for local adaptation. This allows for consistency in core legal and compliance principles while respecting jurisdictional nuances.

    Ultimately, navigating these varied legal systems requires not only technical knowledge, but also cultural sensitivity, open communication, and a commitment to continuous learning. It is this blend of structure and adaptability that allows legal operations to remain effective and compliant in a constantly shifting global environment.

    What advice would you offer to young legal professionals particularly those from non-metropolitan backgrounds aspiring to make a mark globally? And how do you personally stay ahead in this ever-evolving legal ecosystem?

    To young legal professionals, particularly those from non-metropolitan or modest backgrounds, I want to say that your origin does not define your destination. What matters most is your willingness to learn, your resilience in the face of challenges, and your ability to adapt. I come from a remote village in Assam, and I understand firsthand the barriers, both visible and invisible, that can make global aspirations seem out of reach. But those very roots can also be your greatest strength. They teach you humility, grit, and the power of persistence.

    My advice is to focus on building a strong foundation in both legal knowledge and practical skills. Be curious, ask questions, and don’t shy away from stepping outside your comfort zone. Seek mentors, even if informally, and be open to feedback. Language, geography, or access may feel like limitations initially, but with consistency, self-discipline, and digital access to global knowledge, those gaps can be closed.

    Also, understand that legal excellence today goes beyond black-letter law. Develop a commercial mindset, be tech-aware, and build cultural fluency. In a globalized legal ecosystem, your ability to collaborate across time zones, cultures, and functions is just as critical as your ability to interpret a statute.

    As for how I stay ahead in this evolving field, it is a combination of continuous learning, strategic networking, and hands-on collaboration. I make it a point to stay informed through industry publications, legal tech forums, and cross-functional discussions. I also learn immensely from mentoring others which offers fresh perspectives and keeps me grounded.

    In essence, global success in law is no longer reserved for the privileged few. With the right mindset, a commitment to growth, and the courage to take that first step, no matter how small, you can carve your own path.

    Get in touch with Medini Sourav Dutta –

  • “Legal training provides a strong foundation by equipping you with the ability to read and interpret laws critically, understand the legislative process, and navigate regulatory frameworks with nuance.” – Ananta Sharma, Assistant Manager (Public Policy and Advocacy) at InMobi.

    “Legal training provides a strong foundation by equipping you with the ability to read and interpret laws critically, understand the legislative process, and navigate regulatory frameworks with nuance.” – Ananta Sharma, Assistant Manager (Public Policy and Advocacy) at InMobi.

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

    With your extensive background in law, what initially inspired you to pursue a career in the legal field, specifically in technology law? Was there a particular factor that influenced your decision, or did you gradually develop an interest over time?

    My interest in law stemmed from an early fondness for social studies, particularly civics, during school. Recognising that a career in law would allow me to engage more deeply with the Indian Constitution, I chose to pursue it professionally. Although I was initially drawn to subjects like cyber law, I was uncertain about specialising in technology law at the time (2014), given its niche status.

    Significant events such as the network neutrality debate and the landmark Shreya Singhal case in 2015 piqued my interest in the intersection of law and technology, prompting me to explore this emerging field more seriously. My selection for the LAMP Fellowship also proved to be critical. It offered the opportunity to engage with experts and mentors in the field and to work alongside like-minded professionals equally passionate about technology law.

    Building on this foundation, I gained practical experience by working with an international non-profit organisation dedicated to advancing and protecting digital rights. I subsequently pursued a master’s degree with a specialisation in technology law, further deepening my expertise in the field.

    How did your experiences at the University of California, Berkeley School of Law shape your approach to technology law and policy? What were the key takeaways from your time there, and what motivated you to pursue an LL.M. program with a specialization in Technology Laws?

    After gaining practical experience in technology law, I recognised the need to deepen my understanding and adopt a global perspective, as the field was rapidly evolving in India. The University of California, Berkeley School of Law’s LL.M. program, with a specialisation in Technology Laws, stood out as an excellent opportunity to achieve this goal. Berkeley Law’s esteemed faculty and comprehensive curriculum allowed me to explore a wide range of subjects, including Fundamentals of U.S. Law, Intellectual Property Rights, Privacy Law, Silicon Valley Antitrust, and Surveillance Law and Technology. Additionally, serving as an LL.M. representative for the Women in Technology Law initiative and contributing to the Berkeley Technology Law Journal provided valuable opportunities to build networks and gain deeper insights into the field.

    These academic and professional engagements made my time at Berkeley Law truly transformative. It provided a strong foundation in U.S. law and the US court system, while the program’s diverse cohort and international exposure introduced me to a range of perspectives. This broadened my understanding of legal concepts and their complexities, highlighting the importance of developing adaptable, context-sensitive solutions. The program also emphasised interdisciplinary approaches, deepening my appreciation of the interplay between technology, law, and policy, and teaching me the value of collaboration and nuanced thinking in addressing the challenges posed by emerging technologies.

    Overall, the LL.M. program at Berkeley Law significantly strengthened my expertise in technology law and policy and prepared me to engage more thoughtfully and strategically within the field.

    In the early stages of your career, you worked with PRS Legislative Research as a Legislative Assistant to a Member of Parliament (LAMP) Fellow. Could you elaborate on your experience and the challenges you encountered while working as a Legislative Assistant? What experiences during that time were pivotal in honing your understanding of technology laws?

    My experience as a Legislative Assistant to a Member of Parliament (LAMP) Fellow at PRS Legislative Research was nothing short of extraordinary. The fellowship provided a unique opportunity to engage in the legislative process, working closely with my MP (Member of Parliament) on various issues. Key responsibilities included assessing and reviewing government schemes, framing parliamentary questions, preparing bill summaries, drafting private member’s bills, and crafting interventions for parliamentary discussions. I also provided research support on constituency-related issues, focusing on sectors such as Finance, Agriculture, Sports and Electronics and IT. 

    During the fellowship, one of the key challenges I faced was navigating the breadth and complexity of issues, particularly those with significant implications for the constituency. Navigating these complexities required a strong understanding of not just local concerns, but also broader policy developments. Recognising this, my MP encouraged me to go beyond desk research by engaging with experts, participating in multi-stakeholder consultations, and helping to formulate informed policy positions.

    Participating in stakeholder consultations, particularly those organised by the telecom regulator, was instrumental in honing my skills and understanding as a technology policy professional. These experiences provided valuable first-hand exposure to the policymaking process and the complex considerations involved in regulating digital technologies.

    Could you share your insights and experiences from your previous role as a Technology Policy Consultant with the Ministry of Electronics and Information Technology (MeitY), India? How do you perceive India’s AI strategy in comparison to global AI governance frameworks? What distinctions or synergies have you observed between the two?

    As a Technology Policy Consultant working at MeitY, I worked on key mandates such as India’s presidency at the Global Partnership on AI (GPAI) and the IndiaAI Mission. I played a key role in India’s GPAI presidency, spearheading key initiatives and contributing to the strategic planning and execution of the GPAI Summit 2023 and the IndiaAI Summit 2024. In addition, I actively supported the IndiaAI Mission, contributing to its core pillars focused on strengthening India’s AI ecosystem. 

    These experiences provided valuable insights into global AI governance frameworks and India’s evolving approach to technology policy. In contrast to stricter regulatory models, such as that of the European Union which prioritises risk mitigation, transparency, and ethics, India has adopted a more balanced strategy — one that seeks to harness AI for public good, enhance public service delivery, and ensure the equitable distribution of its benefits. This vision is reflected in policy documents such as the National Strategy for AI and the report on AI Governance Guidelines Development. The mission also emphasises upskilling, promoting impactful AI applications across sectors like Agriculture, Healthcare, and Climate Change, and establishing safe and trusted AI practices through comprehensive frameworks and guidelines. While recognising potential risks, India has chosen to prioritise citizen education and foster responsible innovation, rather than imposing stringent controls that might inhibit growth.

    Despite differences in regulatory emphasis, there is strong convergence between India’s approach and global frameworks in promoting human-centric AI, embedding ethical safeguards, and advancing AI for social good. This shared commitment positions India to contribute meaningfully to shaping a global, inclusive, and innovation-driven AI governance ecosystem.

    Having previously worked with the government and civil society organizations, and now working as the Assistant Manager in Public Policy and Advocacy at InMobi, how do you approach your current role? What key differences have you noticed between this position and your previous ones? Additionally, what regulatory challenges do you perceive in India, and how do you envision these evolving over time?

    Having previously worked with the government and civil society organisations, and now serving as an Assistant Manager – Public Policy and Advocacy at InMobi, I approach my current role with a focus on bridging perspectives across stakeholders. My earlier experiences equipped me with strong research skills and a deep understanding of the government’s objectives, particularly its emphasis on public interest and social impact. However, transitioning to a corporate environment required a strategic shift: understanding business priorities, anticipating regulatory risks, and proactively engaging to shape policy outcomes that enable responsible industry growth.

    A key aspect of my current role is balancing regulatory compliance with the need for innovation and business growth. While I am familiar with the workings of government and civil society, I am actively building a deeper understanding of industry challenges to better align public policy objectives with sector-specific needs.

    In terms of regulatory challenges, I see several critical areas emerging in India’s technology policy landscape, including AI regulation and liability frameworks, platform governance and digital competition, cybersecurity and critical infrastructure protection, and the regulation of emerging technologies such as quantum computing and the metaverse. As these sectors evolve, sustained engagement between government, industry, and civil society will be crucial to developing agile, evidence-based regulations that balance public interest with India’s ambition to lead in emerging technologies.

    With your vast expertise, what advice would you offer to aspiring lawyers and law students who wish to build a successful and impactful career in Public Policy and Advocacy? Are there specific resources, mentors, or strategies you would recommend for their professional development in today’s rapidly evolving legal landscape?

    As a lawyer, you already hold a significant advantage when building a career in public policy and advocacy. Legal training provides a strong foundation by equipping you with the ability to read and interpret laws critically, understand the legislative process, and navigate regulatory frameworks with nuance. This inherent understanding positions you well to engage meaningfully with policy issues even before they take final shape as a legally binding statute.

    One piece of advice I would offer is to pick an area of interest early on and start examining it through a policy lens — understanding its broader societal, economic, and regulatory implications. Doing so not only builds a multidisciplinary outlook, which is increasingly essential in public policy work, but also provides a clearer sense of direction for your professional growth. Additionally, start writing about your unique solutions to problems as you explore your area of interest, and hone your research and writing skills. This will help you develop a strong voice and perspective in the field.

    There are numerous resources available today to help build a career in public policy. Platforms such as Public Policy India (PPI) and LinkedIn communities offer valuable guidance and list internship opportunities. I would also recommend signing up for newsletters from leading public policy institutes, consulting firms, and law firms, and listening to relevant podcasts to stay updated on sectoral developments. It is important to stay abreast of developments not only within your chosen sector but also across broader national and global trends, as policy is often shaped by larger socio-political contexts.

    Finally, surround yourself with like-minded individuals and build a strong, supportive network. Being in an environment that encourages discussion, debate, and continuous learning can be just as critical as formal knowledge.

    Maintaining a healthy work-life balance is often a challenge for legal professionals. How do you manage to balance the demands of your legal career with your personal life, ensuring both aspects thrive without one compromising the other?

    Achieving a healthy work-life balance is an ongoing journey, and one I am still navigating. While there is no one-size-fits-all formula, I have found that prioritising tasks and optimising work hours are essential. This approach allows me to carve out time for my family, which I consider just as important as my career. I consciously strive to maintain this balance, recognising that both aspects are interdependent and crucial for overall well-being. It is a continuous effort, but one that’s worth making to ensure neither work nor personal life suffers at the expense of the other. 

    Get in touch with Ananta Sharma –

  • “To protect intellectual property in businesses, companies should adopt a proactive IP strategy that includes identifying the IP in various products, securing protection through timely registration of patents, trademarks, copyrights, and designs early on.” – Geetanjali Visvanathan, Partner at Ira Law.

    “To protect intellectual property in businesses, companies should adopt a proactive IP strategy that includes identifying the IP in various products, securing protection through timely registration of patents, trademarks, copyrights, and designs early on.” – Geetanjali Visvanathan, Partner at Ira Law.

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

    With nearly 16 years of distinguished experience in the legal field, what initially motivated you to pursue a career in law? Which aspects of the profession have resonated with you the most, and how did your time in law school contribute to shaping your legal journey?

    My taking up law as a career path was unexpected, considering that I had taken up science in 12th standard. While preparing for various entrance examinations, I was introduced to a book on law by my dad. The questions there sparked my curiosity, and I loved how everything was reason and logic based, which prompted me to pursue law.

    Law School provided a crucial foundation. I participated in moot courts during my college days, where I discovered the excitement of building a case, researching legal propositions, advocating and thinking from either side, and arguing the case before judges, which is ultimately what shaped my choices after law school. 

    Having completed your LL.M. at New York University with a focus on Competition, Innovation, and Information Law, what factors influenced your decision to choose this particular program and university? How has your experience at NYU shaped your career, and how has this advanced degree contributed to your professional growth?

    Having started my career in a top tier Intellectual Property Law firm, I always wanted to pursue an LL.M. in the same field. As NYU was offering an integrated course covering these subjects, I knew that was the right course for me given the new legal challenges that we face in the ecosystem of rapidly changing technologies. 

    My experience at NYU was extremely rewarding as it afforded me the opportunity to engage with lawyers from diverse backgrounds and jurisdictions. 

    At the outset of your career, you worked with a renowned firm. What were the key experiences during this time that significantly enhanced your understanding of the law, and how did these early experiences help shape your career trajectory? 

    I was fortunate to have had a diverse portfolio of matters early in my career which provided me with better and practical understanding of the various IP laws. Each case I worked on and every mistake I made were valuable learning experiences that contributed to my growth.

    I vividly remember my first case, which centered around infringement of an iconic and classic Bollywood film. Attention to detail in the documents proved pivotal in securing a favorable order for us – a learning that I have carried along till date. Similarly, each day in court is a new experience, which has helped me grow, and continues to teach me something new every single day. 

    With your extensive experience in negotiating and drafting music licensing agreements, how do you approach negotiations with international platforms such as Spotify, Apple Music, and TikTok? What challenges do varying jurisdictions present in these types of negotiations, and how do you navigate them?

    My approach to any negotiation, not just for music agreements, is to understand the four key elements of the deal and of the partners involved i.e. Who, What, Why, and How.

    First, identifying the ‘Who’ involves studying the counterparties and their role in the negotiation. For music licensing, this could be a music publisher, record label, or tech platform, each approaches a negotiation differently. 

    Next, understanding ‘What’ entails grasping the underlying technology or platform, including what the usage of music is like and what are the business needs and objectives of my client.

    The ‘Why’ pertains to why and for what purpose the legal rights are needed, such as copyright, mechanical rights, or sync or publishing licenses.

    Lastly, recognizing ‘How’ involves aligning the deal with your client’s business needs and objectives.

    By comprehensively addressing these factors, I have been able to navigate the complexities of music licensing negotiations.

    As a legal advisor to major media and entertainment clients like T-Series, how do you balance intellectual property protection with the evolving legal landscape surrounding IP in the entertainment sector?

    As outside counsel, it’s essential to align my thinking with the client’s objectives while ensuring compliance with the law. Technology is dynamic and constantly evolving and hence, the only solution is to deliver innovative, out-of-the-box solutions that bridge the gap between intellectual property law and the business needs of a client.

    Given your substantial expertise in advising clients on privacy and information technology laws, how do you evaluate the impact of India’s rapidly expanding digital economy on privacy regulations and intermediary liability issues?

    India’s growing digital economy presents both exciting opportunities and significant challenges in the areas of privacy and intermediary liability. As the country moves toward greater digitization, the sheer volume of personal data being generated and processed has increased multifold. This growth puts more pressure on privacy regulations to ensure that individuals’ personal information is adequately protected from misuse. There is also a greater need to ensure effective regulation in relation to collection, storage and sharing of personal information by various entities. The Digital Personal Data Protection Act, 2023 addresses some of these concerns on paper but only time will tell how the Act protects personal data.

    Regarding intermediary liability, digital platforms like social media, e-commerce, and content-sharing services face greater scrutiny nowadays on their role in regulating user-generated content. India’s digital economy requires privacy laws that are flexible and proactive, as well as clear guidelines on intermediary liability to ensure that platforms operate responsibly while fostering growth in the digital sector.

    With your experience in managing and leading teams of lawyers, what do you believe are the most essential qualities for driving strategic decision-making in complex legal matters, particularly those involving emerging technologies and cross-border negotiations? 

    The most essential qualities are a solid grounding in legal fundamentals, staying current with evolving laws and technologies, the ability to distill relevant facts from complexity, and strong teamwork and communication skills to align all stakeholders effectively.

    What advice would you offer to law students aspiring to build a career like yours, particularly in the fields of intellectual property and data protection? What skills or qualities do you consider crucial for success in these areas, and how can aspiring legal professionals best prepare for this path?

    My advice is to know the ABCs of the law you intend to practice. Don’t be afraid to make mistakes—just make sure you learn from them. Stay curious, not just about changes in Indian law but also global developments and never hesitate to ask questions. Attention to detail and analytical thinking are key. No one is perfect, but if you can harness these skills with consistency and a willingness to grow, you’ll be well on your way.

    Drawing from your extensive experience in resolving high-stakes litigation, what intellectual property strategies would you recommend to businesses particularly in the technology sector seeking to protect their IP while navigating the complex legal landscape in India?

    To protect intellectual property in businesses, companies should adopt a proactive IP strategy that includes identifying the IP in various products, securing protection through timely registration of patents, trademarks, copyrights, and designs early on. Having regular IP audits and clear licensing policies and systems in place and lastly, monitoring infringement including initiating swift enforcement actions. 

    Get in touch with Geetanjali Visvanathan –

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    Get in touch with Vaishali Sharma –

  • “Fields like AI, blockchain, data privacy, and digital content protection are becoming central. The trend toward globalization of IP is another, where businesses must protect their innovations across multiple jurisdictions, all with differing regulations.” – Roshni Lachhwani, Founder of Intellexsys.

    “Fields like AI, blockchain, data privacy, and digital content protection are becoming central. The trend toward globalization of IP is another, where businesses must protect their innovations across multiple jurisdictions, all with differing regulations.” – Roshni Lachhwani, Founder of Intellexsys.

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

    How did you come to choose the legal profession, and who has been your biggest inspiration along the way? Could you please walk us through your journey from the beginning to where you stand today?  

    It’s often said that sometimes the best plan is not having a plan at all. My journey reflects that sentiment perfectly. Initially, I followed my passion for food technology, but as life progressed, my career path took unexpected turns. I found myself exploring an array of choices being accounting, languages while learning Spanish, preparing for the entrance exam to pursue a career in hospitality management, and even considering a master’s in business finance or becoming a chartered accountant. Becoming a lawyer was never part of the plan.

    Then, one day, I stumbled upon a short course in corporate law. I was pleasantly surprised when my perspectives in class were appreciated, which sparked the idea of pursuing law. As I explored further, I came across an intriguing course on intellectual property rights, and that was the moment I decided this was the direction I wanted to follow.

    Looking back, every deviation taught me something valuable. In fact, I find myself applying the knowledge from those diverse experiences to the best interests of my clients today. Whether it is handling patents in food technology, understanding the intricacies of accounting in business, drawing insights from the hospitality industry while drafting legal documents for clients in such businesses, or even reading contracts in Spanish. Each skill I picked up along the way has become part of my legal toolkit.

    This diverse background allows me to approach legal issues from a unique perspective, enabling me to offer well-rounded, thoughtful solutions that benefit my clients across industries. In hindsight, my unplanned journey shaped me into the professional I am today, equipping me with insights that a more linear path may not have provided. It reinforced the cliched yet unfinished saying, A jack of all trades is a master of none, but oftentimes better than a master of one!

    Having worked with renowned firms like Amarchand Mangaldas, Crawford Bayley & Co. and Tata Chemicals, how did those experiences help you develop a new dimension of understanding in Intellectual Property Rights and how all these experiences helped you start your own firm? Please share your challenges you came across while opening your firm.

    Although I was initially hired to handle corporate legal matters, my interests always gravitated towards intellectual property rights. This alignment, even if unexpected, enriched my skills in ways I had not anticipated. Handling corporate legalities gave me a solid foundation in drafting intricate clauses, formalizing agreements, and negotiating through deadlocks. I found that bringing a fresh perspective to the table helped resolve even the most complex issues. The meticulous process of proofreading multiple times sharpened my attention to detail, and I quickly learned that no amount of research is ever truly enough.

    While I was learning on the job, I wished to pursue a master’s in law. However, juggling the demands of a law-firm eventually, led to the decision to quit my job. But sitting idle was never an option for me. With the support and encouragement of those around me, I embarked on the journey to establish Intellexsys, with just enough savings to cover my expenses for a few months.

    As a doe-eyed girl new to entrepreneurship, I faced a constant challenge of convincing potential clients to believe in my legal skills. More often than not, I was met with sceptical glances that questioned my abilities. But slowly, as I delivered results, perceptions began to change. The doubt faded, and there was no looking back from there.

    As a participant in the WIPO Summer School, what new dimensions did you uncover about Intellectual Property on a global scale, and how do you apply those insights in your practice today?  

    I gained invaluable insights into the global applicability of intellectual property. One of the key takeaways was understanding the intricacies and the differing legalities involved across jurisdictions. This gave me a broader perspective on how to strategically position clients’ intellectual properties in a way that ensures longevity and relevance in multiple markets.

    I also learned nuanced contract negotiation tactics that emphasized a global perspective and helped me shift focus on learning how to solve problems creatively, and look at the bigger picture, i.e. how my work can impact innovation, society, and global markets. I realized that in international negotiations, the objective is often about building long-term relationships rather than short-term wins. Today, I am more focused on constructing agreements that prioritize sustainable collaboration.

    Moreover, this experience helped me understand that intellectual property law is about fostering innovation on a global scale. I now approach each client’s IP strategy with a long-term vision, ensuring that their creations are protected and can thrive in an interconnected world.

    You have worked on high-profile trademarks, including securing name trademarks for A-list celebrities. What was the most challenging case in your career, and what did you learn from it?

    One of the most challenging cases I worked on involved conducting a comprehensive trademark search across more than 26 countries. The complexities were multifaceted, as we had to navigate different legal frameworks, languages, and classifications unique to each jurisdiction. For instance, translating a brand name into Chinese revealed potential issues with cultural sensitivity. Moreover, the limitations of classification systems in various regions often created obstacles, requiring us to reframe strategies to ensure our clients’ trademarks were protected globally.

    Similarly, when securing a name trademark for a high-profile celebrity, the stakes were incredibly high. In that case, we had to gather years of data to demonstrate goodwill through continuous use, which was critical to proving trademarkability. Likewise, we have faced similar issues with securing trademarks for brands for family-run generational businesses.

    In another instance, negotiating innovative service offerings with government bodies and large corporations presented its own set of challenges. The process of overcoming layers of approvals and navigating the limitations imposed by the prevailing party tested our resilience and creativity. Despite the hurdles, each experience taught me that no challenge is insurmountable if you remain committed, think creatively, and leave no stone unturned in your pursuit of a solution.

    Your firm has worked with over 2000 global clients. What strategies do you employ to stay updated with global legal developments, and how does this help you provide innovative solutions to your clients?

    Staying updated with global legal developments is critical to providing cutting-edge solutions to our diverse client base. The cornerstone of this strategy is simple: learn, unlearn, and relearn. Reading legal journals, industry reports, and global legislative updates allows us to stay ahead of the curve. However, given the fast-paced nature of the legal landscape, we have also integrated artificial intelligence tools to streamline this process. AI helps us track recent developments, new regulations, and shifts in jurisprudence in real time, enabling us to stay informed reasonably.

    Our approach goes beyond merely working for clients, we work with them. We invest time in understanding their industries, goals, and pain points, which enables us to offer tailored solutions. Whether it is navigating international filings, understanding cross-border data privacy regulations, or providing strategic counsel on matters, our focus is always on creating value through collaboration.

    Moreover, word-of-mouth referrals are what continue to drive our business. The trust we build by staying updated and offering relevant, forward-thinking solutions has led to a steady influx of clients referred by those who have experienced the effectiveness of our approach firsthand.

    You have a strong focus on mediation and a litigation-free approach. Could you explain the importance of mediation in today’s legal world, and how it can transform the traditional practice of law? What advice would you give to aspiring lawyers who want to specialize in Intellectual Property Law, especially in emerging areas like AI and data privacy?  

    Mediation is crucial because it offers a faster, more amicable solution than traditional litigation. It saves time, money, and relationships, which is especially important in industries like entertainment or technology, where long-term partnerships are essential. By focusing on resolving disputes collaboratively, we can prevent the fallout that often comes with litigation.

    Mediation also allows for more creative solutions. In a courtroom, decisions are binary, you win or you lose. In mediation, however, both parties can work towards a mutually beneficial outcome, which often leads to more satisfactory results.

    For aspiring IP lawyers, particularly in emerging fields like AI and data privacy, I would say that one requires a constant willingness to deepen your knowledge in ever-changing sectors like technology. Learning never stops, one has likely only scraped the surface, there are always new developments and unexplored areas. Whether it is AI innovations, blockchain, or data privacy regulations, with the issues we are facing now, one needs to secure a client from anticipated legal challenges that may not even exist yet. The law will continue to evolve as technology grows, and your ability to pivot and adapt will be crucial in staying relevant.

    Moreover, as AI advances, legal issues surrounding liability are also emerging. For example, the question of who is responsible when an AI-powered autonomous vehicle is involved in an accident depends on the software license agreements, vendor agreements, manufacturer’s liability, user terms, amongst other conditions such as malfunctioning equipment, glitches, violation of traffic rules, loss of internet and applicable regulations. I recently watched a film titled “Leave the World Behind,” where AI-powered cars crashed due to a global internet shutdown. Such scenarios could raise complex liability questions, as they may fall under force majeure events. Therefore, understanding and adapting to these legal complexities is critical for aspiring lawyers.

    As a visiting faculty and mentor, you interact with the next generation of legal professionals. What trends do you see shaping the future of Intellectual Property Law, and what key skills should aspiring lawyers focus on developing?

    As I interact with the next generation of legal professionals, it is clear that technology is reshaping intellectual property law at an unprecedented rate. Fields like AI, blockchain, data privacy, and digital content protection are becoming central. The trend toward globalization of IP is another, where businesses must protect their innovations across multiple jurisdictions, all with differing regulations.

    Aspiring lawyers need to focus on developing technical proficiency, not just in legal terms but in understanding how emerging technologies work. Also, foresight is crucial having the ability to anticipate potential legal challenges with tech that does not fully exist yet. You will also need collaboration skills, as IP law increasingly requires working with cross-border teams, clients, and governments. And most importantly, a learning mindset, the law will evolve, and you must continuously adapt.

    For instance, in response to the growing misuse of artists’ personality rights through AI technologies like deepfakes, we have incorporated specialized clauses in our contracts to protect against unauthorized replication or manipulation of their likeness, patterns, voice, or image. These provisions ensure the safeguarding of a client’s rights against new methods of exploitation, addressing unknown risks with varying potential.

    With your vast experience and accolades, including recognition from Idex, Asian Legal Business and Forbes, what is one piece of advice or learning from your career that you believe has been instrumental in your success and can help others?

    Neversettle for the first answer or solution. I have learned that no amount of research is ever truly enough. There is always more you can do, another perspective to consider, or a more innovative approach to take. This relentless pursuit of improvement has been instrumental in my career, and it is something I encourage others to embrace. Whether you are drafting agreements or solving complex legal issues, push beyond what has been done and think creatively. It is this continuous learning and commitment to growth that can set you apart.

    What is the most pressing change required in the legal fraternity and judiciary today, and what suggestions would you offer to young law graduates entering the field?

    One of the most pressing changes required in the legal fraternity and judiciary is to embrace technology and streamlining of processes. The pace of technological advancement is far outpacing the legal systems that govern it. We need more efficient case management systems, a deeper understanding of emerging technology by the judiciary, and faster adaptation of regulations that address modern IP challenges like AI, data privacy, and digital rights.

    I would recommend the next generation of lawyers to be adaptable and proactive. The legal world is evolving, and you must be ready to innovate with it. Equip yourself with technical knowledge beyond just the law, understand the industries and technologies you will be working with. Be ready to embrace change, whether in how cases are handled or how laws are interpreted. The future of law will be as much about innovation as it is about tradition. Stay curious, diligent, and forward-thinking, and you will thrive.

    Get in touch with Roshni Lachhwani-

  • “My focus on technology law, data privacy, cybersecurity, and intellectual property rights as the General Counsel for our organization is driven by the industry’s unique demands and my passion for leveraging legal expertise in a rapidly evolving digital landscape”- Sandeep Dembla, Director – Legal and Compliance at Evalueserve

    “My focus on technology law, data privacy, cybersecurity, and intellectual property rights as the General Counsel for our organization is driven by the industry’s unique demands and my passion for leveraging legal expertise in a rapidly evolving digital landscape”- Sandeep Dembla, Director – Legal and Compliance at Evalueserve

    This Interview has been published by Pragya Chandni and The SuperLawyer Team

    Can you share what initially drew you to pursue a career in law, especially considering your diverse educational background that includes both commerce and cyber laws, as well as the influence of your family of lawyers, including your father who practiced law in courts and your brother who is a corporate litigating partner with a law firm?

    I chose to pursue a career in law for several reasons. Firstly, my diverse educational background prepared me to handle complex and diverse situations. It also prepared me for a wide variety of challenges given my exposure to various areas, from financial to business environment and to technology. Particularly my exposure to cyber laws helped me understand the intersection of technology, business, and regulations in a fast-paced environment.

    My family’s deep roots within the legal profession were a stepping-stone for me to grow in the sphere with dedication and diligence, which was inspired by my father and brother’s commitment and success story. In essence, my journey into law reflects a blend of personal passion, academic rigor, and the enduring legacy of my family’s commitment to the legal profession.

    Your journey seems to have transitioned from commerce to law. How did your experience at Delhi College of Arts and Commerce influence your decision to delve into the legal field and what further solidified your interest in pursuing a degree in law?

    I had secured admission at the Delhi College of Arts and Commerce (DCAC) in the commerce program through sports quota as a cricketer. Balancing academic pursuits with rigorous cricket practice taught me valuable lessons in discipline, time management, and perseverance, skills that later proved invaluable in my legal studies and career.

    During this time, my father’s guidance was particularly influential. He recognized my potential and encouraged me to pursue a Bachelor of Law degree, understanding that while I may not have been inclined towards courtroom practice, my aptitude for analysis, problem-solving, and attention to details made me well-suited for a role as an in-house lawyer within a company.

    A pivotal moment that solidified my interest in pursuing a law degree was my interactions at the evening law college. The unique setting provided an opportunity for students, many of whom were already working in various government and private sectors, to pursue their LLB degrees while juggling professional responsibilities. It was through these shared experiences and collective efforts to overcome challenges that I gained a deeper appreciation for the power of legal expertise in driving positive change.

    Moving forward to your experience at National Academy of Legal Studies and Research (NALSAR) University Hyderabad, could you elaborate on how your PG diploma in Cyber Laws has complemented your overall legal expertise?

    My experience at National Academy of Legal Studies and Research (NALSAR) University Hyderabad, where I pursued a PG diploma in Cyber Laws, has been invaluable for upgrading and upskilling myself, particularly in the context of emerging legal challenges in the digital age.

    This specialized program has significantly enhanced my overall legal expertise, particularly in the field of cyber law, which is increasingly relevant for all in-house lawyers. The PG diploma curriculum provided me with a comprehensive understanding of the legal complexities surrounding cyberspace, including data privacy, intellectual property rights and cybercrime. It has prepared me to contribute effectively as an in-house lawyer, ensuring that my organization remains compliant with cyber laws, protects sensitive information, and mitigates risks associated with digital operations.

    As the General Counsel for Evalueserve, your focus is on technology law, data privacy, cybersecurity, and intellectual property rights. What inspired you to specialize in these areas?

    My focus on technology law, data privacy, cybersecurity, and intellectual property rights as the General Counsel for our organization is driven by the industry’s unique demands and my passion for leveraging legal expertise in a rapidly evolving digital landscape.

    · Industry Focus: Our work involves managing data, technology platforms, and digital assets, requiring a deep understanding of legal regulations and risks in these areas.

    · Regulatory Landscape: Laws governing technology and data are constantly changing, so I stay updated to ensure compliance and mitigate risks.

    · Strategic Importance: Our organization’s value depends on technology, data, and intellectual property, so I provide strategic legal guidance to protect our assets and interests.

    · Ethical Considerations: I advocate for ethical data practices and responsible innovation to uphold privacy rights and promote trust in our industry.

    · Personal Interest: I am genuinely interested in the intersection of law and technology, and I am driven by the opportunity to apply legal principles to solve complex challenges.

    Your profile mentions your passion for enhancing legal efficiencies through automation and innovation. Could you share an example of a particularly impactful automation project you have implemented?

    Recognizing the manual and time-intensive nature of our day-to-day work, I led several initiatives to evaluate, select, and implement a robust automation solution tailored to our business needs, including contract management software. This involved collaborating closely with cross-functional teams including IT, various corporate functions and stakeholders across business units and CXOs. The complex organization structure and global footprint of my company required end-to-end business process management to define requirements, assess available options, and customize the software to align with our workflows and business objectives.

    I had recently implemented the contract management system at Evalueserve, aimed at streamlining the contract lifecycle process and enhancing efficiencies across the organization, with several impactful outcomes:

    · Centralized Repository: The system provided a centralized repository for storing all contracts, enabling easy access, retrieval, and tracking of contract data across the organization. This eliminated the need for cumbersome manual filing systems and reduced the risk of misplaced or lost contracts.

    · Automated Workflows: We configured the system to automate key contract management workflows, such as contract creation, review, approval, and renewal. By automating routine tasks and standardizing processes, we significantly accelerated the contract lifecycle, reducing turnaround times and improving overall productivity.

    · Enhanced Compliance: The system included built-in compliance features, such as contract templates with predefined clauses and compliance checklists.

    · Reporting and Analytics: The system offered robust reporting and analytics capabilities, allowing us to gain insights into contract performance, identify trends, and track key metrics such as contract volumes, expiration dates, and renewal rates. This data-driven approach enabled us to make informed decisions and optimize contract management strategies.

    Being recognized by Forbes Legal Powerlist as one of the top General Counsels in India reflects your commitment to excellence and innovation. What strategies do you employ to stay at the forefront of legal innovation in such a dynamic field?

    Staying ahead in legal innovation means learning continuously, building partnerships, adopting new technologies, collaborating across teams, and staying flexible.

    · Continuous Learning: to stay updated on legal changes and trends through conferences, seminars, and ongoing education.

    · Strategic Partnerships: working closely with legal tech providers and experts to find innovative solutions.

    · Cross-Functional Collaboration: engage closely with leaders from different functions to share knowledge and build innovation pipelines.

    · Agile Mindset: stay flexible and adapt quickly to changing needs and market dynamics.

    By using these strategies, I steer the legal & compliance function to lead our organization by adding value to the company and staying ahead in a dynamic legal landscape.

    Finally, drawing from your extensive experience, what advice would you give to fresh law graduates stepping into the legal profession, particularly in the realm of technology and compliance?

    For new law graduates stepping into technology and compliance law-

    · Build Strong Foundation: Learn core legal principles and get practical experience through internships.

    · Keep Learning: Stay updated on legal trends and tech advancements through seminars and webinars.

    · Tech-Savvy: Learn legal tech tools like contract management systems to streamline processes.

    · Stay Ethical: Follow ethical standards, especially in areas like data privacy and cybersecurity.

    · Network: Build connections in the legal community for mentorship and career opportunities.

    By following these tips, you can prepare for success and contribute to the evolving fields of technology and compliance.

    Get in touch with Sandeep Dembla-

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    Get in touch with Saurabh Anand–

  • “Put in all your heart and soul in learning all there has to be learnt in whatever field of law you want to practice and trust me truckloads of money will follow you eventually” – Gaurav Miglani, Managing Attorney at Worldwide Intellec.

    “Put in all your heart and soul in learning all there has to be learnt in whatever field of law you want to practice and trust me truckloads of money will follow you eventually” – Gaurav Miglani, Managing Attorney at Worldwide Intellec.

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

    Starting with your journey, could you share with us how you began your career in law, particularly focusing on your early days and what drew you to specialize in Intellectual Property matters?

    A career in law was almost a given, since I grew up seeing my father, who’s also a lawyer, burn the midnight oil to build up his law practice and how despite putting in hours and hours of his day in his cases, he never seemed to get tired, his determination fuelled by the sense of satisfaction he derived from achieving justice for his clients. Since my father’s practice primarily focuses on IP law, my own interest in this branch of law was undoubtedly influenced by him. However, I also consider myself fortunate to have entered the legal profession during a pivotal moment in India’s legal landscape, when our laws were being amended to ensure they are TRIPS compliant. This period marked a significant turning point in the discourse surrounding intellectual property in India, and I was eager to be a part of the dynamic debate and evolution within this field.

    Being actively involved in organizations like the International Trademarks Association (INTA), what inspired you to take up leadership roles in the organization, and what are some of the key responsibilities you undertake in your current positions?

    I was fortunate to become a part of INTA early in my legal career, joining from the very first year I became a lawyer. INTA has played a crucial role in broadening my understanding of IP law, not just within the context of India but also on a global scale, keeping me informed about the latest developments and trends in the field and forging lifelong friendships with lawyers around the world. As I dedicated my efforts and time to volunteering with INTA to advance its objectives, I found myself taking on leadership roles within the organization.

    Currently, I have the privilege of serving as the Chair of INTA’s enforcement committee, which is an integral part of INTA’s Advocacy Group. In this capacity, my responsibilities are to lead a team of about 180 members from around the world examining legislations and IP policies worldwide, particularly focusing on enforcement issues. We advocate on pressing matters in IP, aligning our efforts with INTA’s established positions on these issues. It’s truly fascinating work, and I find great satisfaction in contributing to the advancement of IP law on a global scale.

    As the Managing Partner of Worldwide Intellec, you hold a significant leadership role within the firm. Could you tell us about your responsibilities in this position and how you navigate the balance between overseeing the firm’s operations and continuing to actively engage in legal practice?

    Running your own firm, regardless of its size, presents a stark contrast to being solely a practicing lawyer. The role of a Managing Partner encompasses a multitude of responsibilities beyond legal matters. It involves overseeing operations, managing human resources, ensuring efficient billing processes, and ultimately taking accountability for anything that goes wrong, regardless of its origins. My responsibilities extend to maintaining a comprehensive overview of all aspects of the firm’s functioning.

    While I refrain from micromanaging every detail, as it’s neither feasible nor conducive to productivity, there are instances where my intervention becomes necessary. Striking the right balance between attending to the firm’s administrative needs and continuing to actively engage in legal practice is indeed a delicate task. It entails allocating time effectively to both facets of my role—nurturing the growth of the firm while also fulfilling my duties as a practicing lawyer.

    In your opinion, what are some of the biggest challenges currently facing the field of Intellectual Property, and what steps do you think can be taken to address them effectively?

    In my opinion, one of the most pressing challenges confronting the field of Intellectual Property (IP) is the rise of artificial intelligence (AI) and its implications for IP law. While it’s challenging to single out one issue as the most significant, the rapid advancement of AI presents a formidable obstacle and challenges the very fundamentals of IP law. The trajectory of AI development is bound to test the boundaries of IP law in unprecedented ways.

    As AI continues to evolve, we’re encountering complex questions regarding ownership, authorship, and the protection of creations generated by machines. It’s inevitable that we’ll need to grapple with the legal frameworks surrounding machine-created inventions. Embracing AI-driven innovations will necessitate a re-evaluation of existing IP laws to ensure they remain relevant and effective in the face of technological progress.

    As the Chair of the Enforcement Committee and Co-Chair of the Global Advisory Council for South East Asia at INTA, what are some of the key initiatives or projects you’ve been involved in, and how do they contribute to the field of Intellectual Property enforcement?

    As part of the Enforcement Committee at INTA, I’ve had the privilege of being part of various initiatives that significantly contribute to the field of Intellectual Property enforcement.

    One notable project we recently undertook within the Enforcement Committee was the comprehensive evaluation of laws pertaining to preliminary injunctions across more than 60 countries worldwide. This involved analysing existing practices and identifying best practices in this aspect of IP law. Additionally, we conducted a thorough examination of laws concerning the grant of damages in several jurisdictions, pinpointing areas where legislative gaps exist and improvements are needed.

    These endeavours resulted in the formulation of board resolutions by INTA, reflecting the collective insights and recommendations of our team. Witnessing the culmination of efforts into concrete policy positions is immensely gratifying. It underscores the importance of collaborative efforts in shaping the landscape of IP enforcement.

    You’ve been invited to speak at various seminars and conferences worldwide on Intellectual Property issues. Could you share a bit about the topics you’ve addressed and the experiences you’ve gained from these speaking engagements?

    I have been fortunate to have the opportunity to share my experiences and insights in the field of Intellectual Property (IP) law at numerous seminars and conferences worldwide. Each of these engagements has played a pivotal role in broadening my perspective and deepening my understanding of various facets of IP.

    From conducting IP awareness programs aimed at educating stakeholders about the importance of intellectual property rights, to delving into complex topics such as digital rights management and copyright law, I have had the privilege of addressing a diverse range of subjects. These speaking engagements have allowed me to engage with audiences from different backgrounds, facilitating meaningful discussions and exchanges of ideas.

    One particularly notable experience was speaking in Geneva at the 15th session of the Advisory Committee on Enforcement (ACE) convened by the World Intellectual Property Organization (WIPO). This platform provided an invaluable opportunity to contribute to discussions on global IP enforcement strategies and initiatives, alongside esteemed delegates from around the world.

    In today’s digital age, online infringement of intellectual property is rampant. How do you approach the challenge of protecting your clients’ IP rights in the virtual realm, particularly in the face of emerging threats like deepfakes and AI-generated content?

    In today’s digital landscape, the rampant infringement of intellectual property (IP) online presents a formidable challenge for lawyers tasked with protecting their clients’ rights. What I’ve learned is that there’s no one-size-fits-all strategy in this world. Each case presents its own unique complexities, and what works in one instance may not be applicable in another.

    Emerging threats like deepfakes and AI-generated content further complicate matters. While it’s tempting to rely solely on legal frameworks to address these challenges, the reality is that a multifaceted approach is necessary. As the saying goes, “When all you have is a hammer, everything looks like a nail.” Instead, the solution lies in a combination of technology and law.

    Integrating technological solutions alongside legal strategies can enhance our ability to combat online infringement effectively. This might involve employing digital tools for monitoring and detecting unauthorized use of IP, implementing robust encryption and authentication measures, and leveraging artificial intelligence for proactive enforcement measures.

    By embracing a holistic approach that incorporates both technological advancements and legal expertise, we can better safeguard our clients’ IP rights in the virtual realm. It’s imperative that we remain adaptable and innovative in our approaches to address the evolving landscape of online infringement.

    Apart from your professional endeavours, do you have any personal hobbies or interests that you enjoy pursuing in your free time?

    Well, between the demands of practicing law and running a firm, free time is a rare commodity. But when I do manage to carve out some moments, I like to retreat to my first love – music. Playing the piano has always been a passion of mine, and I’ve even set up a small recording space of my own. It’s my go-to sanctuary when I need a bit of solitude and creative expression amidst the hustle and bustle of professional life.

    Given your wealth of experience, what advice would you offer to the current generation of professionals aiming to build a successful career in law, particularly in the realm of Intellectual Property?

    The practice of law can be very demanding. Do not give up, and do not work for money in your formative years. Put in all your heart and soul in learning all there has to be learnt in whatever field of law you want to practice. And trust me – truckloads of money will follow you, eventually!

    Get in touch with Gaurav Miglani–

  • “Whether you are a lawyer, an entrepreneur, or an artist, I feel it is important to be able to see your work as an expression of yourself. It is what you do for most part of your waking hours.” – Hemant Krishna, Partner at Shardul Amarchand Mangaldas & Co.

    “Whether you are a lawyer, an entrepreneur, or an artist, I feel it is important to be able to see your work as an expression of yourself. It is what you do for most part of your waking hours.” – Hemant Krishna, Partner at Shardul Amarchand Mangaldas & Co.

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

    Reflecting on the early stages of your career, can you share your experiences or challenges you faced during your internships and the process of securing your first job in the legal field? How did these early experiences shape your professional outlook and contribute to your growth as a technology and M&A lawyer?

    Like many others I know, I ended up pursuing law through a process of selection by elimination. Truth be told, as a student, I was tuned out of the law for extended periods. The resulting impostor syndrome would catapult me into working egregiously hard during my internships. I managed to secure offers from both the law firms that I did my corporate law internships at. I wanted to start my career in Mumbai. I learnt many things from my eventual first boss, Sawant Singh: the virtues of simplicity in drafting, negotiating without needless animosity, and, most of all, not letting those deadlines erode your joie de vivre. 

    Given your journey from co-founding a legal-tech outfit to your current role as a Partner at SAM, how have your early experiences shaped your approach to technology law and M&A, and what inspired you to bridge the worlds of law and technology? Additionally, as you oversee digital transformation at SAM, could you elaborate on the key areas you are focusing on?

    As corporate lawyers, we have been technological laggards for decades. We use software that is clunky, we burn midnight oil doing mundane and repetitive tasks, and there is very little standardisation in how one goes about drafting and reviewing. But this is changing; especially because clients are increasingly valuing firms that leverage technology well. My experience at the legal-tech outfit I co-founded helped me understand how law and code can interact and what kind of problems can be solved through this interaction. The experience of having been a part of a team that built a SaaS offering from scratch has been hugely valuable in understanding what goes into building and maintaining software and applications.  

    I follow classic design principles whenever I approach digital transformation. First, identifying a time-consuming, low-paying workflow. Second, figuring out the data and processes that go into that workflow. Third, building an automation model to minimise human effort in executing the predictable or repetitious parts of that workflow. Finally, refining the automation model based on feedback gathered from other users and my own testing while wearing my lawyer hat. Clients usually turn to SAM for very structured, confidential, and bespoke needs. At this end of the legal services spectrum, digital transformation is a layered and complex undertaking which should prioritise confidentiality and security as much as speed and efficiency. But, in essence, my endeavour is to find ways to increase the proportion of creative work that we as lawyers do and reduce the proportion of mundane work, with the help of technology.     

    As a music enthusiast and a Hindustani classical flutist, how do you find parallels between your passion for music and your legal profession? Do these two aspects of your life influence each other in any way?

    When I started learning music at the late age of 25, I felt, while I had some natural strengths as a lawyer, I had absolutely none as a student of music barring a preposterous desire to learn it at any cost. So, initially, learning music felt like a fool’s errand. A decade into it, I feel I could not have done myself a bigger favour. There has been a cross-pollination of learnings that I have had from these twin pursuits. I have learnt to enjoy the rough-and-tumble of everyday practice and process rather than being too caught up with outcomes. I rely more on passion for what I do now than on discipline. 

    Most importantly, music and art deepen a practitioner’s feel for detail and sense for nuance, which allow one to derive a sense of fulfilment from doing little things well.  

    Being deeply involved in digital transformation initiatives at SAM, how do you foresee technology changing the landscape of legal practice in the coming years, especially in reducing the volume of standardized work?

    If voices of dead singers can be recreated using AI as well as we have seen lately, it should be relatively straightforward to let AI track your work and activity as a lawyer continuously over a period, and build an AI assistant that drafts like you, does research like you, crafts arguments like you, uses vocabulary and precedents that you tend to use with a decently high accuracy rate. 

    Technology will slowly but surely transform legal practice radically. When I started my career, the norm was exhaustive 500+ page DD reports. Now, many more clients are willing to consider issue-based reports even in strategic M&A deals. I foresee a future in which there are several alternative-legal-service offerings for compliance, drafting, negotiation, and review to aid lawyers at law firms as well as client organisations. Firms that invest in technology and structured datasets now, will be in a different league 4-5 years down the line, as compared to those that do not. 

    Your advisory work spans fintech, data protection, cybersecurity, AI, blockchain, e-commerce. Can you share a project or experience that particularly stood out to you in these domains and presented unique challenges or opportunities?

    Almost all the work that we do has interesting dimensions. Structuring FLDG for revolving credit arrangements, advising on the grey areas in the current version of the DPDP Act, negotiating cyber-security insurance, advising on web-scraping issues connected with AI, assisting pro bono the victim of a crypto-phishing attack launched by an international gang of crypto-drainers, are a few things we have done in the last 2-3 months that presented unique challenges. Recently, when advising a client, we were compelled to analyse whether technological ‘control’ of an e-commerce platform, when coupled with a few other factors, can lead to the imputation that such entity carried out the business of e-commerce. Got me thinking about the fundamental need for us to rethink certain core concepts of corporate law like ‘control’. 

    How was your experience working at Lakshmikumaran & Sridharan Attorneys, which you joined during the pandemic?

    I joined L&S in the thick of the first wave of the pandemic and remotely hired my entire team and could not meet any of them in person for a year and a half. This would not have been possible without the trust posed in me by Badri at L&S and an incredibly supportive team. I found the culture at L&S to be very collegial and can only see the firm going from strength to strength. 

    Can you shed some light on the working culture at Shardul Amarchand Mangaldas & Co? How does the culture at SAM&Co impact your approach to leadership and collaboration within your teams?

    SAM is a high-octane workplace with marquee clients and deals to keep the most ambitious of lawyers thoroughly engaged. In a turbocharged work environment, it is important to have a vision of what you want to do and who you want to be. I keep asking myself and folks in the team, “Are you making strides towards realising your potential?” That sense of forward momentum is crucial for everyone. As for collaboration, the most important rule in our team is around the expression of dissent: anyone can disagree freely and frankly with anyone else in the team as long as they do so responsibly. Transparency, communication, and accountability have served us well. 

    How do you see the intersection of law and entrepreneurship evolving, and what advice would you give to aspiring legal professionals?

    The legal profession has always been an entrepreneurial undertaking. But there is now scope for hyper-specialisation. As long as your foundational skill sets and knowledge are in place, you can specialise in niches that did not exist until very recently. You can choose to be a Web 3.0 lawyer, or a distressed M&A lawyer, or a Music Industry lawyer. At the same time, technologies like AI, blockchain, IoT have created intersectional spaces for techno-legal entrepreneurs that hitherto never existed. The important thing is to channel one’s entrepreneurial energies meaningfully and methodically over a long enough period to solve hard problems. 

    Whether you are a lawyer, an entrepreneur, or an artist, I feel it is important to be able to see your work as an expression of yourself. It is what you do for most part of your waking hours. If you are a legal professional, how you draft a clause, how you analyse a regulation, how you negotiate, how you format a document, how you punctuate your sentences – they reveal things about who you are. 

    As someone who practices various forms of meditation, how do you think mindfulness and meditation contribute to your professional life, especially in navigating complex legal matters?

    Drafting and research require long spans of attention and focus. Meditation has helped me improve the control I have over my attention. It has also helped me improve my ability to remain equanimous, reduce blind spots in my perspective, and be able to think from the standpoint of a diverse set of people: regulators, clients, opposing counsel. At the Vipassana camp, I learnt a meditation technique called ‘metta bhavana’, which involves directing compassion and kindness towards oneself and everyone else, especially towards folks who may have caused you grief. This type of meditation can be very transformative in a profession where one is frequently involved in contentious situations. 

    Given your extensive experience in the legal and technology domains, what suggestions would you offer to the current generation of aspiring lawyers and technology enthusiasts? How can they proactively enhance their knowledge and gain valuable experiences to thrive in the future landscape of law and technology?

    This phase of technological evolution will have a profound impact on how our laws are conceptualised. Just see the wrenches thrown by crypto into securities law or AI into intellectual property law. To tackle questions thrown up by this intersection, we need a new generation of lawyers who can abstract and understand concepts of technology well enough to create legal frameworks around them even if they cannot write code. 

    On a separate note, it is also important to be alert to the pitfalls of technology. For example, a lot of internet-based applications that we use today are based on the ‘Hook Model’, a framework for designing addictive applications that maximise high-frequency user engagement using the trigger-action-reward-investment quartet. Reckless use of such apps can mess with one’s dopamine reward system, fragment attention span, and rewire the brain for instant feedback loops. In the coming years, AI-based profiling will increase the addictive quotient of such apps further. So, it is more critical than ever when using technology to be aware of how one is allocating their energy, time, and attention. Think long-term even if incentives are stacked in a way that discourages it. Some – if not all – things are best done the hard way, by getting dirt in your fingernails. F. Scott Fitzgerald said it best when he said, “Nothing any good isn’t hard.”

    Get in touch with Hemant Krishna-

  • “Tech law is not just about compliance; it’s about being an enabler in the success story, bridging legal gaps and propelling growth.” – Karthik Ramakrishna, Director-Legal at WebEngage

    “Tech law is not just about compliance; it’s about being an enabler in the success story, bridging legal gaps and propelling growth.” – Karthik Ramakrishna, Director-Legal at WebEngage

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

    Can you take us through the decision that inspired you to pursue Law, and were there specific experiences during your college years that solidified your choice? Additionally, could you share some insights into the challenges and learning experiences you faced after graduating and entering the professional world?

    I come from a family of lawyers. My maternal grandfather transitioned from being an advocate to an actor, my maternal aunt served as a district judge, and my mother currently practices as an advocate at the Madras High Court. Witnessing their successful professional journeys inspired me to proactively pursue a career in law.

    Upon entering college, my conviction deepened as I realized that a legal career is not merely a job but a contribution to every aspect of the economy and decision-making on a broader scale. After graduation, the corporate world presented a significantly broader spectrum of challenges compared to my college education. The requirements were practical, and the expected results were focused on solutions. The corporate arena demands legal professionals to be integral to the success story, acting as the missing piece of the puzzle and more of an enabler than merely identifying legal gaps.

    As a newcomer to the corporate world, I found myself needing to unlearn certain aspects of my college education to become a business enabler. This involves a shift from a focus on theoretical legal concepts to practical application, spanning areas such as contracts, negotiations, and risk mitigations.

    Your journey in the legal field has been diverse, from handling technology law to medical devices and compliance. Can you share a pivotal moment or case that significantly shaped your career and approach to legal challenges?

    Initially, my entry into this different vertical wasn’t a meticulously planned approach; rather, it stemmed from the pressing need to proactively comprehend numerous unknowns. The turning point occurred when the legacy company where I served as an in-house counsel decided to venture into the medical device division. In a global competition, the company achieved a significant milestone, further propelling its growth.

    As we endeavoured to commercialize the medical devices, I found myself navigating through various legal and regulatory compliances, encountering escalating complexities ranging from licences to white labelling and obtaining necessary approvals from regulatory bodies. This pivotal experience crystallized the realization that commitment and resilience are pivotal exponential factors in shaping a successful legal career.

    Given your expertise in Data Privacy Laws, could you share some insights into the evolving landscape of data protection and the challenges tech companies face in ensuring compliance, especially in a rapidly changing digital environment?

    As the economy and services extend beyond borders, the same is true for the transcending nature of personal data. While data privacy laws within specific territories may appear intact, the implementation of jurisdictional laws and allied regulations poses a considerable challenge for mid-size companies. These organizations are required to allocate significant capital expenditure and manage increased operational costs while ensuring the seamless flow of cash within the company.

    Regardless of size, companies engaged in handling data find themselves compelled to establish dedicated personnel or teams to meet the ever-growing demands of compliance. The imperative is to devise and operate within a common framework that aligns with data privacy laws, turning compliance into a strategic undertaking that necessitates synergies across various aspects of the business.

    Your role often involves interpreting and providing guidance on various regulations. How do you stay updated on the ever-changing regulatory landscape, and what advice would you give to legal professionals aiming to navigate such complexities?

    As a practice, I consistently recommend engaging in brainstorming sessions and actively seeking to comprehend legal and regulatory developments beyond the confines of my expertise. This approach serves as a valuable complement to mental modelling, allowing me to view problems or obstacles from a contrarian perspective. While staying updated on a need-to-know basis is an inherent aspect of a legal professional’s career, attempting to understand issues outside our comfort zone brings a renewed energy.

    Breaking down complex problems into simpler steps and approaching them with a pragmatic mindset becomes a more achievable task when one actively explores challenges beyond their immediate area of expertise. This proactive stance not only fosters a deeper understanding of the legal landscape but also enhances problem-solving capabilities within a broader and more dynamic context.

    Having worked as a Company Secretary, you’ve been deeply involved in complex acquisitions and cross-border entity structuring. Could you share an experience where your legal acumen played a crucial role in the success of such transactions?

    I hold a special appreciation for a particular transaction where my role proved pivotal in the successful spin-off of two USA incorporated entities (Single Member LLC – S Sub-chapter Corporation). The key to this achievement lay in the careful drafting of an agreement, ensuring that the transfer of ownership of the subsidiary company was structured as a tax-free transfer.

    This endeavour demanded more than just legal acumen; it required perseverance and the cultivation of a strong rapport, given the involvement of various stakeholders. The compounding effect of collaborative thought processes among stakeholders ultimately yielded a viable solution for the transaction. This experience highlighted the significance of effective communication, relationship-building, and strategic thinking in the legal profession, showcasing the broader skill set required beyond legal expertise alone.

    In your role at WebEngage, how do you foster a legal and compliance culture within the organization, ensuring that teams across different functions understand and adhere to the legal framework?

    Compared to my experiences with other companies, the legal and compliance culture at WebEngage is distinctive due to the global nature of its services, which span across various verticals. To navigate this diverse landscape, the Legal team at WebEngage adopts a two-pronged approach: process and provisioning.

    Provisioning is viewed as an action taken with consensus on urgency and importance, serving as the foundation and building blocks for the overarching framework. It is a dynamic process that evolves with time and experience. Lessons learned, feedback, results, and glitches from provisioning activities become key factors shaping the continuous evolution of the Process, which is the legal and compliance framework underpinning all models and mechanisms.

    Crucially, the Process is not bound by time and is designed to be ever evolving. The team at WebEngage acknowledges the importance of embracing change and learning from experiences. An innovative aspect of their approach is the implementation of Janusian thinking—a form of brainstorming that explores the anti-thesis from different perspectives, both within and across borders. This unique strategy aims to make the risk management process adaptable, breaking away from the notion that “one size fits all” and ensuring a nuanced, context-sensitive approach to legal and compliance matters.

    Being a Certified Corporate Social Responsibility Professional, could you share your perspective on the role of legal professionals in driving corporate social responsibility initiatives, especially in the tech sector?

    Regardless of the profession, my firm belief is that companies have a responsibility to contribute back to society which is complementing and supplementing various aspects of companies within our economy. As a legal professional, the awareness of societal concerns becomes an integral part of my thought process, influencing every action and reaction. Encouraging Corporate Social Responsibility (CSR) initiatives from companies is something I highly endorse to.

    The rationale behind this endorsement is that, next to governments, companies wield a substantial driving force in society. They possess the capacity for collective efforts and planned execution, operating with transparent processes when engaging in CSR initiatives. Notably, the technology sector in India, employing millions of individuals, stands out as a major player in this regard. The sector’s vast reach and influence make it a potent force for implementing CSR initiatives on a larger scale, contributing to the betterment of society as a whole.

    Beyond your professional achievements, what are some personal interests or hobbies that you find yourself drawn to outside the legal realm? How do these activities contribute to your overall well-being and mindset?

    As a personal interest, I have authored a book “JIVA SHAVA SHIVA” which has nothing to do with legal but exploring more into the unknown realm and self-enquiry in a spiritual sense. Apart from that I have trained in a few Martial Arts like WING CHUN, SILAMBAM, MUAY CHAIYYA, an ancient form of MUAY BORAN. I have synthesized this Martial Arts understanding into a new strategy called NITAU.

    For college students aspiring to achieve professional success in the legal field, what advice would you give regarding the type of education, internships, or specific experiences that can contribute to their growth and set them on a path to excel in the legal profession?

    My advice to freshers is to not specialize at the beginning of their careers. The idea is to cultivate a well-rounded foundation that allows for flexibility and adaptability in various legal contexts. Emphasizing the cultivation of a personalized approach to problem-solving suggests that there’s no one-size-fits-all solution in the legal field. This approach encourages individuals to develop their unique methods of addressing challenges, fostering creativity and adaptability.

    Acknowledging that unique experiences and skills acquired throughout one’s career will shape the trajectory. The idea is that each experience contributes to the development of an individual’s expertise and guides them toward a suitable career path. Stressing the importance of approaching work with full commitment underscores the idea that success in the legal profession requires more than just technical proficiency.

    Legal professionals are encouraged to act as enablers and solution providers, actively contributing to the success and positive outcomes of their clients or organizations. The holistic approach advocated combines legal expertise with the ability to facilitate and offer solutions. Legal professionals are seen not only as interpreters of the law but as integral contributors to the success story, acting as enablers in various aspects of decision-making. In summary, my advice is to promote a dynamic and adaptable mindset, encouraging legal professionals to embrace a variety of experiences, continually refine their skills, and approach their work with dedication and a solutions-oriented mindset. This holistic approach is essential for success and impact in the ever-evolving legal landscape.

    You’ve also obtained certifications and completed higher education in fields such as Company Secretaryship, PGDMM, and PGDIB. In your experience, how have these additional qualifications enhanced your skill set and contributed to your professional growth? And, more broadly, what advice would you offer to students considering complementary certifications or higher education to broaden their career opportunities in the legal field?

    Gaining knowledge is one aspect, but the real value lies in understanding how and where to apply it. My experience with additional qualifications enhanced my ability to comprehend the business language while representing the company underscores the practical importance of such efforts.

    These qualifications may or may not always directly help, but the process of skill upgrading is not just about anticipation; it’s about broadening the circle of competency. This, in turn, transforms a legal professional from being merely an advisor to a multifaceted individual—acting as a strategist, enabler, and administrator.

    My advice on pursuing complementary certifications should be with a realistic view on implementation and application that shall stand valuable. It aligns with the idea that skills should not be acquired in isolation but with a clear understanding of their practical utility in specific scenarios, ultimately making the legal professional more versatile and effective in their role.

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