Super Lawyer

Tag: Trademark Attorney

  • “What drew me specifically to IPR was the dynamic nature of the field; I felt a sense of purpose in helping artists, inventors, start-ups, and global corporations safeguard their innovative ideas from infringement, allowing them to flourish creatively and economically.” – Ronil Goger, Founder & Managing Partner at Blaze Legal.

    “What drew me specifically to IPR was the dynamic nature of the field; I felt a sense of purpose in helping artists, inventors, start-ups, and global corporations safeguard their innovative ideas from infringement, allowing them to flourish creatively and economically.” – Ronil Goger, Founder & Managing Partner at Blaze Legal.

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

    Throughout your law degree, you gained valuable experience through significant internships. What initially motivated you to pursue a career in law, and what specifically drew you towards Intellectual Property Rights (IPR)?

    Every journey begins with a spark – an event, an experience, or sometimes just an insatiable curiosity. My journey into the field of law or more particularly intellectual property began during my 5th Grade – when the first live-action Spider-Man movie hit the screens and left me ensnared in a web of intriguing questions.

    As a comic enthusiast with a keen interest in the Marvel Comic Universe, I felt a surge of curiosity when the Sony Pictures logo appeared at the beginning of the film, with only a fleeting reference to Marvel. As I explored the details further, my father (the guiding light) stepped in to clarify that Sony holds the movie rights. This revelation ignited a ‘flame’ in me – a desire to uncover how Sony came to own the rights to my beloved Marvel superhero and trying to decode the complex arrangements of intellectual property licensing and assignments.

    As I progressed through my life, I was exposed to various branches of law including criminal, property, marriage, company regulations, etc. However, what truly set my heart racing was the realm of Intellectual Property Rights (IPR). The world of IPR is a fascinating intersection of law, creativity and innovation. It offers the unique opportunity to protect the fruits of human creativity – be it a catchy tune, an imaginative work of fiction, a brilliant invention, or a ground breaking brand.

    In an endeavour to gain insights, I interned with various companies and leading law firms such as Khaitan & Co., IREO, Sagar Chandra & Associates, AMC Law etc. 

    What drew me specifically to IPR was the dynamic nature of the field. In a world dominated by rapid technological advancements and the internet, the landscape of intellectual property is constantly evolving. Each case is unique, presenting an exciting puzzle to solve. I felt a sense of purpose in helping artists, inventors, start-ups, and global corporations safeguard their innovative ideas from infringement, allowing them to flourish creatively and economically.

    Starting your career at Shardul Amarchand & Co. must have been a formative experience. What were the most valuable lessons you learned there, and how did that experience shape your legal career?

    Entering the professional world can be a daunting yet exhilarating experience, especially when it involves stepping into a field as complex as law. My first job at Shardul Amarchand Mangaldas & Co. (SAM) not only marked a significant milestone in my career but also provided invaluable lessons that shaped my understanding of legal practice. In this role, I was exposed to the intricacies of legal research, client interactions, and the daily operations of a dynamic office environment. The experience illuminated the importance of attention to detail and the impact of effective communication, both essential skills for any aspiring legal professional.

    Further, observing seasoned attorneys navigate difficult cases further reinforced my desire to pursue a career in law, revealing the profound responsibility lawyers hold in protecting and enforcing the rights of clients. Through my experience at SAM, I developed a range of skills that will be invaluable throughout my career. One of the most critical abilities I honed was my capacity for effective communication, both written and verbal. Drafting correspondence and legal documents required clarity and precision, ensuring that complex legal concepts were accessible to clients and colleagues alike. Furthermore, I learned the importance of digital literacy in a legal context, as many tasks involved using specialized software for case management and research.

    The experience of working at SAM served as a profound catalyst for both my personal and professional growth. Engaging with intricate legal cases exposed me to the complexities of the legal system, enhancing my analytical skills and critical thinking. Additionally, my role involved collaborating with diverse stakeholders, fostering effective communication and teamwork. Also, the primary focus in the formative years should be developing dependency and trust. As soon as you secure your first position, the paramount focus should be cultivating a sense of self-reliance and taking charge of your responsibilities.

    Developing the invaluable skills of ‘being ever-ready to lend a hand’ and ‘committing unwavering effort‘ will undoubtedly elevate your professional prowess. While you may not be the sharpest mind in the room, your ability to outwork your peers is entirely within your control. In fact, every critique should be embraced in the most constructive manner. It is expected that one will be a novice, and thus, the occasional misstep is permissible. The most crucial point is how one overcomes their vulnerabilities and emerges stronger from each error.

    Ultimately, these formative experiences not only solidified my aspirations within the legal field but also instilled a strong sense of confidence in my abilities to navigate professional challenges, contributing significantly to my overall development trajectory.

    After working with top-tier law firms, you chose to establish Blaze Legal. What were the key factors that motivated you to venture into your own practice, and what challenges did you encounter in the early stages?

    The decision to establish Blaze Legal was fuelled by a potent mix of passion, vision, and the allure of independence that danced in my mind like fireflies on a summer night. Having navigated the intricate corridors of top-tier law firms like SAM and Archer & Angel, I found myself captivated by the prospect of creating something uniquely mine—an ecosystem where innovative legal solutions merged seamlessly with genuine client relationships.

    One key factor in this venture was the desire for creative freedom. Within the structured entities of larger firms, I often felt confined by the established processes and conventional practices. I envisioned Blaze Legal as a dynamic space where fresh ideas could flourish, where each case could be approached with a blend of ingenuity and empathy, allowing us to truly serve our clients’ needs rather than merely ticking boxes. Another motivating force was the ambition to prioritize accessibility. In my experience, I witnessed too many individuals and start-ups feeling alienated by the legal world – a realm often seen as intimidating and unapproachable. With Blaze Legal, I aimed to break down those barriers, offering a welcoming atmosphere where clients could engage openly and collaboratively. I wanted to usher in an era where legal counsel was not just a luxury for the affluent but a resource available to anyone seeking guidance.

    However, the journey was not without its hurdles. In the early stages, I grappled with the challenge of building a brand from scratch. Establishing credibility in a saturated market demanded not just legal acumen but also strategic marketing and networking efforts. The initial months were a delicate balancing act – juggling cases while cultivating relationships, all while needing to demonstrate that Blaze Legal was a formidable player in the legal landscape.

    Financial uncertainties loomed large, too. Transitioning from the stability of a well-established firm to the unpredictable tides of entrepreneurship tested my resolve. There were sleepless nights spent poring over budgets, forecasting cash flows, and tapping into my savings with a mix of hope and trepidation.

    Then, there were the lessons learned through trial and error—navigating the intricacies of technology, streamlining operations, and moulding a team that shared my vision. Each challenge was a spark igniting growth and resilience, shaping Blaze Legal into a beacon of innovation and integrity.

    In retrospect, launching Blaze Legal was akin to stepping into an uncharted wilderness. It demanded courage, creativity, and countless cups of coffee. Yet, every triumph – no matter how small – felt monumental, lighting the path ahead and affirming that this venture, born from ambition and the desire to make a difference, was indeed worth every effort.

    Blaze Legal provides services related to trademark, copyright, and patent filings. What are some of the unique challenges you face when dealing with IP offices in jurisdictions like Bangladesh, Nepal, Sri Lanka, and others, and how do you navigate these complexities?

    Dealing with Intellectual Property (IP) offices in the Southern Asian jurisdictions such as Pakistan, Bangladesh, Nepal, Sri Lanka, Maldives, etc., presents a unique set of challenges that require a blend of cultural understanding, local expertise, and strategic ingenuity. For starters, the IP registration process in these countries often involves intricate bureaucratic steps that can be time-consuming and opaque – which adds 30-40% extra time to expected timelines. To tackle such issues, we have established strong relationships with local agents or attorneys who are familiar with the nuances of the local bureaucracy. Their insider knowledge can expedite processes and help in navigating red tape efficiently.

    Further, in some of these jurisdictions, the technological infrastructure for IP registration and enforcement may not be as advanced, leading to delays and inefficiencies. Preparing all documentation meticulously and in advance, and maintaining hard copies as backups – can help dealing with any pitfalls. Also, regular follow-ups through both digital and physical means can ensure that your filings are progressing without unnecessary delays.

    Separately, since each jurisdiction has its own set of IP laws and regulations, which can differ significantly from one another and from international standards, conducting thorough legal research and staying updated on changes in local IP laws can be beneficial. Lastly, for protecting IP once registered, we have developed comprehensive and tailored IP enforcement strategies that includes local legal action, public awareness campaigns, and collaboration with local authorities.

    Accordingly, navigating the complexities of IP management in Bangladesh, Nepal, Sri Lanka, and similar jurisdictions requires a proactive and well-informed approach. By leveraging local knowledge, maintaining rigorous documentation, and adopting a culturally sensitive stance, you can successfully manage and protect your intellectual property across diverse legal landscapes.

    Can you share an example of a particularly challenging cross-border IP case you’ve handled, and how you navigated the legal landscape?

    Navigating the complex realms of international law has been one of the most intellectually rewarding and challenging experiences in my legal career. One particular case stands out in my mind, encapsulating the intricate nature of cross-border trademark disputes and the necessity for a nuanced approach.

    The case involved a multinational company that specialized in luxury cosmetics. After years of operating under a specific brand name in Europe, the client decided to expand into emerging markets in Asia. However, upon entering these new territories, the company faced a formidable obstacle: a local competitor had registered a similar trademark in Bangladesh & Nepal that not only created confusion among consumers but also threatened the established brand’s reputation. The stakes were enormous, not only for the financial investment in this expansion but also for the brand’s identity and market position.

    Understanding the gravity of the situation, I led a team that included attorneys specialized in intellectual property law within the jurisdictions involved. Our first step was to conduct a comprehensive trademark audit. We examined existing trademarks in both Europe and Asia, paying close attention to the potential for conflicts and the likelihood of confusion among consumers. This required an in-depth understanding of both the nuances of trademark law in different countries and the cultural perceptions associated with brand names.

    One of the key challenges we faced was the disparity between jurisdictions regarding trademark registration and enforcement. To approach this challenge effectively, we decided to implement a dual strategy. First, we initiated negotiations with the local company that held the conflicting trademark. Understanding the significance of relationships in many Asian cultures, we engaged a local law firm to help facilitate discussions. Highlighting the potential benefits of coexistence was key; we proposed licensing agreements that would allow both parties to operate without infringing on each other’s market presence. This approach not only showcased our commitment to enforcing our client’s rights in the concerned jurisdictions but also resolving the matter swiftly and amicably.

    Simultaneously, we prepared for litigation as a backup plan. This involved gathering evidence of our client’s prior use of the trademark in Europe and building a case that demonstrated the risk of consumer confusion should the status quo continue. We also conducted market surveys in the Asian territories to gauge consumer perceptions regarding brand recognition and confusion. This data would serve as vital support in a potential courtroom battle. Over several months, negotiations fluctuated with moments of tension and progress. Our collaborative efforts eventually yielded a breakthrough: the local competitor agreed to cease all use of the infringing mark and cancelling the registrations – which allowed our client to smoothly expand and use the trademark in specified regions while recognizing our client’s legal rights. This resolution not only avoided a protracted legal fight but also strengthened the client’s position in the new market.

    Reflecting on this experience, I recognize that successful navigation of cross-border trademark cases hinges on a multifaceted approach – combining legal expertise with cultural sensitivity and strategic negotiation. It reinforced the importance of adaptability and thorough preparation in overcoming the hurdles presented by diverse legal systems.

    What advice would you give to young lawyers who are looking to specialize in IPR and litigation?

    As a young Mike Ross or Racheal Zane, embarking on a career into IPR law and litigation, you are entering a dynamic and evolving field that merges creativity with legal acumen. This dual discipline requires not only a firm grasp of complex legal principles but also a keen understanding of the ever-evolving nature of technology and business.

    First and foremost, a comprehensive understanding of IPR law is paramount. Young lawyers must immerse themselves in the foundational doctrines of intellectual property – copyright, trademark, patent, design and other unconventional IP laws, as each area has its own set of regulations and implications. To navigate these complexities, I recommend pursuing an advanced degree or certification specifically related to IPR. Engaging with esteemed institutions that offer specialized programs showcases dedication and equips young lawyers with theoretical knowledge and practical applications crucial for their future practice. Understanding both domestic and international laws is crucial, given the globalization of business and the internet’s impact on IP.

    Secondly, seek mentorship from seasoned professionals in the field. Surrounding yourself with experienced practitioners can provide invaluable insights that textbooks cannot offer. A mentor can help you refine your skills, advise you on best practices, and introduce you to networks within the industry. Take the initiative to attend industry events, where you can meet potential mentors and gain exposure to various aspects of IPR and litigation. Additionally, gaining practical experience is paramount. Look for internships with legal practitioners and firms that specialize in IPR laws. This hands-on experience will not only enhance your understanding of the legal processes involved but also develop your analytical and advocacy skills. Engage in pro bono work related to IPR cases as it can provide you with unique experiences while contributing positively to the community.

    Furthermore, staying abreast of technological advancements and emerging trends in IPR is essential. The rapid evolution of technology – be it artificial intelligence, blockchain, or biotechnology, continually reshapes the IPR landscape. Young lawyers should engage in continuous learning through seminars, webinars, and workshops. Actively participating in discussions surrounding innovation can enhance one’s ability to anticipate and respond to new legal challenges. Reading prominent journals and following influential thought leaders in the field will provide insights into current issues and emerging best practices, further reinforcing their expertise and credibility.

    Lastly, emotional intelligence plays a significant role in successful legal practice. Developing the ability to empathize with clients, understand their concerns, and communicate effectively can set aspiring lawyers apart. Active listening fosters trust and enables lawyers to tailor their services to meet clients’ specific needs. Moreover, handling the emotional weight of contentious litigation requires resilience and composure. Young lawyers should seek opportunities to cultivate these skills, whether through formal training or simply through reflective practice in their everyday interactions.

    In conclusion, specializing in IPR and litigation offers an intellectually stimulating and rewarding career pathway. By committing to ongoing education, honing litigation skills, building a strong professional network, maintaining an adaptable mindset, and cultivating emotional intelligence, young lawyers can establish themselves as proficient advocates in this dynamic field. The journey may be challenging, but with perseverance and passion, they can carve out a distinct niche as leaders in intellectual property law. As they embark on this exciting road, let them remember that their contributions to the protection of innovation not only shape industries but also drive societal progress.

    Get in touch with Ronil Goger –

  • “If you want to build a successful career in IP, there are only two ways to go about it. First is to find your WHY and continue to enrich the answer, and Second is to read as much as you can and as wide as you can.” – Rahul Bagga, Founder of Aumirah.

    “If you want to build a successful career in IP, there are only two ways to go about it. First is to find your WHY and continue to enrich the answer, and Second is to read as much as you can and as wide as you can.” – Rahul Bagga, Founder of Aumirah.

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

    You have a diverse background, both in Patent law and in Chemical Engineering. Can you share what inspired you to transition from a technical field like chemical engineering to a career in Intellectual Property Law? 

    I started with Patent Law, and to practise patent law – one needs to have a science/technology background. So, transition from an engineer to patent attorney was rather smooth and felt natural. However, transitioning to intellectual property law – covering trademarks, copyright, design, geographical indications, plant varieties, contracts etc. has been quite a journey. It was mostly inspired by my own hunger to expand my skills and offerings. The learnings in these areas too felt natural as they seemed like a natural extension of patent law – for the bedrock on which IP laws are framed and promulgated share common or similar pith, substance and motivations. If I am reaching out to a client, I have to then go with an entire set of solutions and deep knowledge on all fronts of IPRs.

    What are some important lessons from the early stages of your career that have stayed with you, and how have they influenced the trajectory of your professional journey?

    First and foremost, lesson that I have taken and retained and continue to expand is about finding my Why. Initially, I wasn’t sure why I am in patent law. Just because it is interesting – I get to work on frontiers of technology and law – wasn’t a good enough answer to Why. It was a self-centered answer. In business and particularly in client facing professions like law – your reasons to pursue those professions cannot be self-centred. You may start with such motivations but you cannot continue and grow with this motivation. Let’s face it – all learning becomes boring after you have spent enough time on it – this is true for me. I learn quickly. I read a lot. I get bored of a subject after having understood its basics/founding principles or first principles and move onto something new.  I continued to expand my Why – which in turn helped me expand my skillset, and which in turn allowed me to offer more and more services – high quality services – to my clients, and this skill or this aspect has shaped my professional journey deeply.  

    Given your extensive experience working with various corporations and legal entities, what inspired you to transition into starting your own practice with Aumirah and what were the initial challenges that you had to overcome?

    Frankly, if you are good at what you do – you won’t face any challenges. High quality clients or Impactful clients will find high quality professionals or Impactful professionals. Also, I have always worked like an entrepreneur. So, when I started Aumirah, for me it was being employed by Aumirah. It is not about entrepreneurship – it is about entrepreneurial mindset – that you can carry  in any form – as an employee or employer.

    Sure, I did face usual problems of cash flow etc. but I didn’t face any problems with respect to the work or getting work itself. For this, I am also obliged to my very dear colleagues who have worked closely with me and understood my “Why”. We have always found friends at the right juncture who took us along on path to growth. I have been blessed with some of the best clients one can get across the domain and they have spread our work far and wide.

    In your role as a mentor to startups, you’ve worked with several incubators like Nexus by the US Embassy and IIITD Incubator. What are the most common IP challenges you see startups facing, and how do you help them overcome these?

    The most common challenges faced by startups is lack of proper advice on IP rights at an early stage. I have seen many established companies with extremely poor IP frameworks and portfolio. Unfortunately, I do not see that improving anytime soon since IP advice right now is being doled out in the market is for sake of making money and not for sake of making the client and especially startups – sail through the initial phase of their journey. We definitely help startups overcome challenges by coming up with advisory on how to defer and when to prioritise what kind of IP. Not all IP is urgent. Not all IP can be deferred. Between these two paradigms – startups can find their right IP framework.

    With your background in chemical engineering, how do you assess the patentability of inventions in the tech or life sciences sectors? What common mistakes do inventors make when filing patents in these industries?

    The assessment of patentability – be it chemical engineering, semiconductors, biotechnology, robotics or automation – is highly similar. Sure, there can be differences in assessment of inventive step – for the context of ontology in each of the mentioned domains – but the first principles are similar. The common mistakes inventors do is to confuse their product as their invention.

    Having extensive experience in Patent Law, can you share a recent case where you helped a client with patent opposition or litigation, and what was the outcome?

    Sure. Recently, we strategized, prepared and litigated in the matter of Falcon Autotech vs Kengic China. We not only got the patent granted but also litigated it against Kengic and got an ex parte injunction in the first hearing itself before Delhi High Court. The matter pertained to sorters used in logistics and warehousing.

    As the leader of Aumirah, how do you foster a culture of innovation and excellence among your team, especially when dealing with high-stakes IP and corporate matters?

    At Aumirah, from very early on, everyone is exposed to clients or clients are exposed to even the junior most associate. This exposure and discussions with clients expose our team to the high stakes and wide range of work that we do, are capable of and can be capable of. The innovation and excellence cannot happen in silos. It is like you cannot be a good boxer if you training only with boxing bags – you have to do technical sparrings, power sparrings and sometimes even a club-level fight routinely to be able to enter the bigger arena eventually. So far, my team has made me proud of the fact that they have very judiciously handled clients. They are miles deep with our clients and also mile wider in law and its applications in handling their matters because of this exposure.

    What advice would you give to aspiring IP professionals who are looking to build a successful career in the field?

    If you want to build a successful career in IP or in fact any field of law – there are only two ways to go about it. First is to find your WHY – and continue to enrich the answer as you go along in your journey. Second is to read as much as you can and as wide as you can and if you cannot read – then keep company of people who read and make sure your choice of reading materials be not restricted to just law or science or business – make it wider – fiction, poetry, news, history, religion, vastu, architecture, biographies – become a sponge – absorb knowledge and become a powerhouse.

    Get in touch with Rahul Bagga –

  • “Intellectual Property Law has been a passion which I have pursued. Almost everyday there is something new in the field, which challenges practicing professionals to re-think how laws are shaped and interpreted.” – Aarohan Bansal, Of Counsel at Archer & Angel Advocates and Legal Consultants.

    “Intellectual Property Law has been a passion which I have pursued. Almost everyday there is something new in the field, which challenges practicing professionals to re-think how laws are shaped and interpreted.” – Aarohan Bansal, Of Counsel at Archer & Angel Advocates and Legal Consultants.

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

    What inspired you to pursue a career in law, and what led you to specialize in intellectual property (IP), particularly in trademarks and copyright and designs?

    Getting into law school was a decision guided by my mother, who is an English teacher, and who made sure I had an excellent grounding and appreciation of the language, which has helped me in the field to a great extent. In my fourth year in college, I was lucky enough to work at an internship at a leading New Delhi law firm – Lall & Sethi. My internship at Lall & Sethi was an eye-opening experience, and seeing the practical aspects of advising brands on their trademarks, copyright and designs was a career shaping occurrence. Since then, intellectual property law has been a passion which I have pursued.

    Even today, after years of practice, the study of this field of law still excites me, since there is so much happening in terms of developments. Almost everyday there is something new in the field, which challenges practicing professionals to re-think how laws are shaped and interpreted. For example, the rising challenge of artificial intelligence is the most immediate and daunting challenge for IP lawyers, since it is a complete game changer in terms of how the law is practiced and implemented.

    The boundaries of intellectual property law touch almost each and every aspect of our lives today, from brands making sure we have safe food and medicines, to e-commerce providing us with almost everything delivered to our doorsteps, to characters and streaming platforms shaping how we entertain ourselves, to our how we earn our livelihoods and more.

    You began your career working with law firms in Delhi, handling intellectual property management for both multinational and Indian clients with global business interests. How did this early experience shape your understanding of IP, and in what ways did it influence the development of your practice?

    I have been fortunate enough to receive the opportunities to work in firms with global clients which has immensely added value to my career growth. I have also had the chance to gain invaluable experience through cross-border collaboration with multiple legal teams. Every company has its tailored methods of working, and as external counsel, learning and adapting to their style is important to be able to provide clear and actionable guidance.

    While the basics of IP remain the same, each and every client has its own distinct way of functioning, meaning that even a straightforward scenario can have unexpected outcomes. In one instance, we were advising the client to take enforcement action against a particularly slippery third party. However, despite our repeated advice, the client did not seem willing to go forward, leading to damages to their local business. It took a call with their senior leadership to understand and overcome their reluctance, which was stemming from a particularly bad case they had handled earlier in another country.

    Working with multinational companies teaches the importance of legal advice that extends beyond an India-centric perspective, to calculate the implications in the other countries that the company operates / functions. For Indian clients expanding abroad, practical advise which works well here in India does not always work well in other countries. In India, there are some deadlines which we know are extendable, in practice, but when we were advising on a deadline in Australia, it turned out to be a couple of weeks shorter than our estimation, due to an early holiday season, leading to a panicked last-minute filing for the Indian client.

    Can you share your experience working on the Trade Marks Manual project with the Controller General of Patents, Designs, and TradeMarks (CGPDTM) and International Trademark Association (INTA), and how did it contribute to deepening your expertise in IP? What were some of the key challenges you faced, and how did you approach resolving them?

    The Trade Marks Manual project, although it still remains incomplete, is a mammoth project on its own. This required distilling decades of office practices, condensing legal procedures, and mapping future changes to the practice, which is likely the reason why a final version has not yet been published by the Indian Trade Marks Registry. Even today, a draft version is available on the IPIndia website, to serve as a guide or a starting point, but it is not binding on its officers.

    My involvement with the project in its early stages meant working with teams of lawyers having experience in similar projects in various countries, and there was much to learn from their guidance. The INTA organisation has a very effective set of professional committees which are meant to share knowledge and advance the study of trademark law worldwide. I highly recommend young lawyers to try and join such committees, and making the most of such collaborations, since the committees are invaluable in terms of practical knowledge and mentorship opportunities. I am glad to say that my participation in the entire process gave me a lot to learn in terms of collaborating on a massive project.

    I do hope that the project is finalised in the near future, since it will serve as a guiding light for trademark practice for future lawyers, who can refer to the manual as a guide for common queries, and perhaps advance the study of this niche field of law.

    Having advised clients on trademark filing strategies in over 25 countries, what are the most important factors you consider when crafting a global filing strategy for international trademark protection?

    An effective filing strategy envisages multiple aspects which are important to a brand and a company, including cost, identifying risks, forecasting solutions, and practical, on-ground advice, and these aspects can generally require years of experience to get them right.

    Even so, it is quite impossible to predict any and all legal challenges which may arise, and quick and effective solutions, require close monitoring and actions. Assignments across multiple jurisdictions are generally very tricky to get it right, particularly when time is of the essence.

    Prior to 2013, filing trademarks outside India meant engaging local counsel. Since India acceded to the Madrid Protocol in 2013, this opened an entirely new avenue of trademark filings in other countries. Initial usage of the Madrid Protocol was low, and this in my opinion, still remains an area of growth in future. Even today, Indian companies can effectively utilise this system for quick and effective registrations abroad. This does not mean that this system is devoid of any risks, and proper legal advise should be sought before considering expanding a trademark portfolio abroad.

    Your success in trademark opposition cases across countries like the USA, Brazil, the EU, and the UK is impressive. How do you approach the preparation and defense of trademark opposition cases in such diverse legal landscapes?

    The creation of a worldwide legal strategy for Indian brands is a tough challenge, but must be done to ensure success in new markets. Each country has its own set of legislations, market forces, and pitfalls, which must be navigated for any brand. In my opinion, the most important step in ensuring success for a brand in a new country would be choosing a trusted local expert. I am glad to say that I have worked with brilliant lawyers in such countries which ensured that I was able to handle legal risks and challenges with positive outcomes for clients.

    I assisted a large Indian IT services company for their worldwide filings which led to a lot of challenges, particularly in navigating legal procedures of countries with advanced legal systems like the US, UK, EU, Brazil, Japan, Australia. The set of deadlines meant keeping constantly in touch with local counsels across multiple time zones and tracking deadlines across countries. This also meant anticipating needs in advance, and keeping multiple solutions forecasted, in case the local business decided that they needed to change their strategy.

    Working with multinational companies means that their brand identities and market strategies are already well-defined, however, working with Indian companies expanding internationally requires extensive groundwork to ensure success in foreign markets. An effective brand strategy which identifies, and balances risk means that solutions to looming problems can be thought of well beforehand. Trademark law stems from international treaties, which means that preparing defense of opposition cases can be done quite consistently. However, practical guidance from local counsel is absolutely indispensable. Brazil, for example, has a completely different procedure for trademarks, as compared to India, and opposition proceedings required extensive research and in-depth studying of local laws. The European Union, requires that adverse parties conduct settlement talks before starting opposition procedures, which is designed to reduce the backlogs on the EUIPO.

    You helped create a Geographical Indications (GI) training module for FICCI. What do you believe are the most critical elements of GI protection, and why is it especially important for India to focus on this area?

    Back when I was assisting in creating a knowledge module for Geographical Indications with FICCI, the act was fairly under utilized, and there was much work to be done in this field. I am glad to see that there are currently about 600+ registrations for various products since the inception of the act, for protecting GIs. India has an immense wealth of knowledge when it comes to products originating from various regions within the country. From Darjeeling Tea, which was the first registered GI, to Basmati rice, Lucknow Chikan Craft, Kullu Shawls, and more, each product is steeped in history and represents unique opportunities for communities to commercially exploit such products for the benefit of the entire region as a whole. Protecting the product ensures that the community reaps the benefits, consumers can identify the GI, leading to increased knowledge and development of the GI itself.

    There are still additional challenges to be overcome, in this field, as shown by the European Union, and China, which currently lead in the number of GIs registered worldwide. The European Union has shown the way in protecting and commercially exploiting their food & beverage products, which are protected under local laws, leading to immense commercial benefits to the producers of such products, particularly in export markets worldwide. I believe that there is an immense scope of expansion of Indian origin products, particularly to international markets, and this can start with the first step of seeking registration under the GI Act.

    The Indian Department for Promotion of Industry and Internal Trade (DPIIT) is currently in the process of amending the GI Act, which will be a welcome improvement for the legislation.

    With such a demanding professional schedule, how do you unwind and maintain a work-life balance amidst your high-level commitments?

    Work life balance is very difficult to achieve, especially in the early years. This does not mean that one should not strive for it, but it may not always work out in the way that you expect. I think that this depends on a lot of circumstances, but most important is the kind of team that you work with. The times when I have been able to rely on my teammates have been good periods of time in terms of work life balance, and similarly, when their schedules demand it, I have stepped in to take over and manage work for them. Your team is quite important in terms of what it takes to have a good work life balance, since you cannot do everything on your own.

    Even then, working in law firms, there are certain days in which much more is expected, since work flow can be quite unexpected. There have been more than a few instances of all nighters, since deadlines need to be met, as well as calls in the wee hours, to accommodate schedules of people from around the world. Slowly you get to learn and understand what to expect, and you can predict busy or lean weeks / months to plan and manage your schedule well.

    My wife has been a blessing in managing my schedule and making sure everything gets done, no matter how busy it gets. She also has a job which is sometimes unpredictable, so we try and split responsibilities between us.

    What advice would you give to young professionals aspiring to follow your path and build a successful career in intellectual property law?

    During the beginning of my career, I had to devote long hours to research and learning. Whenever I came across something new, which was almost everyday, I made it a point to learn about it from whichever sources I could find information, such as bare acts, commentaries, caselaw, blogs, etc. My advice would be to learn about anything new by reading as much as possible. It may not make sense at first, but gradually the pieces start to fit together a few years later. IP law is about intuition and instinct, and not so much about memorisation or rote learning.

    IP laws may differ from country to country, but overall the concepts and fundamentals remain the same. Reading on blogs about practice in the US like TTABlog or EU such as IPKat or other countries also helps build your perspective on how the law should be practiced. Indian court decisions are becoming increasingly sophisticated, but reading foreign decisions is quite interesting, to see how each country’s jurisprudence is evolving.

    Another piece of advice is that every client offers a unique learning experience, and there is no piece of work which is too small at the beginning. Some of the most interesting cases I have worked on have been from start-ups. Advising a small client who relies on you completely requires a certain amount of teaching, and to teach anything is the best way to learn, since you are yourself applying the concepts into practice.

    In about 2015, I had the chance to study a foundational course in copyright law – covering not just the way it is implemented, but also why it was created. I would recommend that anyone who is interested to check out the course called CopyrightX, which is designed by the Harvard professor William Fisher, and is offered online, once a year to anyone. The course, although offered with a US based perspective, offers fascinating explanations on why the field of IP law was created, and what benefit does IP offer our society as a whole.

    Get in touch with Aarohan Bansal-

  • “What particularly appeals to me about IP law is that it is a field where creativity and innovation are protected. It’s fulfilling to contribute to the growth of creative endeavors and ensure that these efforts are legally protected.” – Surabhi Pathak, Intellectual Property Manager at Cat and Pillar, Singapore.

    “What particularly appeals to me about IP law is that it is a field where creativity and innovation are protected. It’s fulfilling to contribute to the growth of creative endeavors and ensure that these efforts are legally protected.” – Surabhi Pathak, Intellectual Property Manager at Cat and Pillar, Singapore.

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

    After completing your law degree, you pursued an LLM in Intellectual Property & Technology Law from the National University of Singapore. What motivated you to specialize in this field, and what aspects of IP law drew you to it specifically?

    During my undergraduate studies, I had the opportunity to intern in various areas of law. It was in my fourth year that I opted for Intellectual Property (IP) law as a specialization and completed my first IP internship at Remfry & Sagar. I thoroughly enjoyed the experience and realized that IP law was where my passion lay, leading me to specialize in it for my career.

    What particularly appeals to me about IP law is that it is a field where creativity and innovation are protected. I find it rewarding to be part of the process that helps individuals and businesses build and safeguard their brands. It’s fulfilling to contribute to the growth of creative endeavors and ensure that these efforts are legally protected, allowing them to thrive in a competitive market.

    Could you share your experience pursuing your specialization in Intellectual Property & Technology Law at the National University of Singapore? What advice would you give to students wishing to pursue a master’s degree? Additionally, what was the process like for you in applying and gaining admission to the university?

    I had a highly rewarding experience specializing in Intellectual Property & Technology Law at the National University of Singapore (NUS). The program provided me with invaluable opportunities to develop key skills, particularly in research paper writing, where I saw significant improvement.

    NUS also offered intensive courses taught by visiting faculty from prestigious institutions. I was fortunate to learn not only from the esteemed NUS professors but also from one professor from Harvard Law School and another from an esteemed Italian university, which was a truly enriching experience. One module that particularly stood out to me was The Fulfilled Life and the Life of the Law, which offered profound insights.

    The coursework was rigorous, with a significant amount of reading material, which required great discipline to stay focused. My advice to students considering a master’s degree at a foreign university is to form study groups early. Dividing assignments and teaching each other different sections is an effective way to manage the workload and stay on track.

    For the application process, I submitted a resume, personal statement, degree transcripts, official TOEFL score report (you can also take IELTS and a waiver can also be requested), and two letters of recommendation. I am deeply grateful to my professors for providing me with glowing recommendation letters.

    With the unwavering support of my parents and family, I was able to turn my dream of pursuing a career abroad into a reality. I was also fortunate to have a dear friend, who was pursuing her PhD at NUS, guide me through the entire application process and my journey at the university.

    Please note that the application process may have changed over time, so I recommend checking the latest details on NUS’s official website: https://law1a.nus.edu.sg/admissions/app_periods_forms.html.

    You started your career at a leading firm like Remfry & Sagar. What were some of the most important lessons you learned in the early stages of your practice, and what inspired you to develop an international career?

    One of the most important lessons I learned in my early career days was the critical nature of managing deadlines, as IP law is particularly deadline-driven. I had to adapt to prioritizing tasks and staying organized under pressure. This process involved considering various factors, such as critical deadlines, client-set timelines, time zones, and the estimated time required for each task. Ultimately, there is no one-size-fits-all approach; it requires navigating different permutations and combinations to ensure that everything is completed efficiently and on time.

    I also realized that working smart is just as important as working hard. It’s essential to optimize your approach, streamline processes, and focus on efficiency without compromising quality.

    Additionally, I learned the importance of maintaining a mindset of continuous learning. The legal landscape, especially in IP, is constantly evolving, and being open to new ideas and approaches has been crucial to staying relevant and delivering the best outcomes for clients.

    Another key lesson was the importance of delegating effectively. As a professional, it’s essential to recognize when tasks can be shared with others to maximize efficiency. Delegating responsibilities not only helps manage workload but also fosters teamwork and collaboration, which are crucial for success in any profession.

    My decision to work in an international setup was driven by my interest in how global legal frameworks intersect with diverse industries and cultures. From the outset of my legal career, I realized that the challenges and opportunities in today’s interconnected world often span multiple jurisdictions. This realization sparked my desire to expand my expertise beyond national boundaries.

    Additionally, working with international clients and understanding the complexities of cross-border legal issues was something I found both intellectually stimulating and professionally rewarding.

    As the head of a department at Mirandah Asia (Singapore) Pte. Ltd., managing trademark portfolios across six continents, how did you navigate the complexities of different legal systems?

    Navigating the complexities of different legal systems requires a solid understanding of each country’s IP laws, procedures, and practices. For example, while Letters of Consent are not accepted in Thailand, they are typically acceptable in Singapore. Therefore, it is essential to be aware of these regional differences before developing a strategy to overcome potential objections and ensure compliance with local requirements. Over time, I became familiar with the IP laws of different jurisdictions, but it helped to consult local experts from time to time to clarify any nuances.

    With experience in both the Indian and Singapore IP Regulations, what do you see as the key differences between the two? How do these differences impact your practice when managing international trademark portfolios?

    The Singapore IP regime is relatively faster compared to the India one. With respect to trademarks, in Singapore, a trademark application with no objections can proceed to registration in 6-9 months while in India it can take about 18-24 months.

    When it comes to the inherent registrability of marks, the approach in Singapore and India differs regarding the stylization of marks. In Singapore, stylizing a mark can often help avoid absolute objections, even when the mark includes descriptive terms. In contrast, India tends to be more rigid in its approach. Even if a mark is stylized, it might still face objections if it contains descriptive terms.

    Another important difference is the approach to citing earlier marks. In Singapore, it is rare for earlier marks to be cited as obstacles unless they are highly similar or identical. However, in India, the Registry has been known to cite even far-removed marks as potential conflicts, making the process more complex.

    These differences impact the management of international trademark portfolios, as brands operating in both regions must prepare for longer timelines and more complex objection handling in India, whereas Singapore offers a relatively smoother and faster registration process.

    Vis-à-vis copyright, while for both countries copyright is automatic upon creation, there is no formal system of registration of copyright in Singapore while there is one in India.

    As an Intellectual Property Manager, what challenges do clients face in global markets when it comes to trademark registration, and brand protection? Could you share a specific example of a case you’ve handled in this regard?

    One of the main challenges clients face in global markets when it comes to trademark registration and brand protection is that many countries have different trademark registration practices.

    Southeast Asian countries, in particular, can present significant hurdles.

    For example, Indonesia operates under a first-to-file system, meaning the first person to file a trademark application gains exclusive rights to it over the person who uses it first. As a result, trademark squatters often register well-known brands’ trademarks before the rightful owners do. Since trademark rights are territorial, these squatters demand compensation to withdraw or transfer the trademark to the legitimate brand owner.

    I have dealt with numerous such cases, often filing oppositions on behalf of clients. Fortunately, Indonesia accepts bad faith as a ground for opposition, which is helpful in cases involving well-known brands. However, for lesser-known brands, proving bad faith can be more challenging.

    Given your international practice across various global markets, how do you stay up to date with the latest trends in IP law and how do you incorporate these trends into your own practice?

    I keep myself informed by staying in touch with industry experts through conferences, networking on platforms like LinkedIn, and being an active member of IP organizations such as the International Trademark Association and the Institute of Singapore Trademark Agents.

    These resources provide valuable insights into the latest trends and developments, which I then incorporate into my work to ensure that clients receive the most current and effective advice. This is achieved by reviewing and adjusting my strategies to align with emerging developments.

    For example, if new regulations or rulings affect trademark protection, I make sure that clients are aware of these changes and adjust the strategies accordingly.

    As a mentor in the Law Alumni Mentor Program, what advice would you offer to younger legal professionals who aspire to build a successful career in Intellectual Property law?

    My advice to younger legal professionals aspiring to build a successful career in IP law is to first and foremost enjoy the subject, which will keep one motivated in the long run.

    Additionally, I recommend pursuing additional certifications or graduate programs to deepen one’s expertise, which can help specialize and stand out in the IP landscape.

    Finally, it’s important to balance work with enjoyment. IP law can be demanding, so finding time for hobbies or social activities is essential for maintaining a healthy work-life balance, which will ultimately support long-term success and satisfaction in career.

    Given the high demands of your legal career, how do you balance your professional responsibilities with personal obligations? What strategies do you use to recharge and stay motivated in your work?

    Balancing professional responsibilities in a high demand legal career with personal obligations requires effective time management. I make sure to prioritize my tasks and set realistic goals for both work and personal life.

    One of the key factors that helps me is having a strong support system, including family, friends, and colleagues—and I consider myself fortunate to have all of these. Having people to rely on for emotional support and a sense of community is crucial.

    Additionally, engaging in some physical activity helps to stay recharged. My personal favorite is playing badminton or cycling which help clear my mind, helping me during demanding times.

    Lastly, sometimes, a little getaway is all you need to recharge.

    Get in touch with Surabhi Pathak-

  • “I strive to demonstrate professionalism, integrity, and diligence in all my work, and believe that young lawyers learn a lot by observing how we handle both successes and challenges.” – Dr. Selwyn D’costa, Partner at AM Legal Associates.

    “I strive to demonstrate professionalism, integrity, and diligence in all my work, and believe that young lawyers learn a lot by observing how we handle both successes and challenges.” – Dr. Selwyn D’costa, Partner at AM Legal Associates.

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

    Can you share how you started your legal career, and what motivated you to pursue this legal field? Please allow us to walk through your journey.

    My legal career was motivated by the influence of my father, who was a practicing lawyer before the Hon’ble High Court. His work and dedication inspired me to follow a similar path. I started my legal career at Crawford Bayley & Co. as a litigating lawyer, practicing before the Hon’ble Bombay High Court and the Mumbai City Civil Court. During my time in litigation, I was particularly drawn to the aspect of legal research, which sparked a new interest in me. This led me to decide to pursue a deeper focus in research, prompting me to embark on my doctorate degree. In the first year of my doctoral studies, I took a complete break from practice to focus on clearing my pre-PhD examination and finalizing my thesis topic and synopsis. During this phase, as I delved deeper into research, I became increasingly fascinated by Intellectual Property Rights (IPR), which eventually became the central focus of my Ph.D. thesis topic. This newfound interest in IPR motivated me to explore this field professionally. In 2017, I joined Krishna & Saurastri Associates LLP in their Pune office as a Junior Associate in the trademark team. I had the privilege of working under the mentorship of Adv. Anand Mahurkar, who was not only the head of the Pune office but also a partner at the firm. His guidance shaped much of my professional growth. After almost two years with Krishna & Saurastri, I moved on to AM Legal Associates as an Associate Advocate, seeking further opportunities for professional development. After three rewarding years with AM Legal, I was honored to be elevated to Partner in November 2022. This progression reflects the invaluable experiences and mentorship I have received throughout my journey, and I am grateful for the opportunities that have shaped my career in the legal field.

    You began your career in litigation and contract drafting before moving to IPR in 2017. How did this transition influence your perspective on legal practice, and what unique insights have you gained from your earlier roles?

    The transition from litigation and contract drafting to Intellectual Property Rights (IPR) in 2017 was both a natural evolution and a transformative shift in my legal career. My earlier experiences in litigation and contract drafting provided me with a solid foundation in the practical aspects of law. In litigation, I developed a keen understanding of legal strategy, client management, and the importance of thorough legal research. These skills were invaluable when it came to analysing cases and building arguments. Contract drafting, on the other hand, taught me the critical importance of precision in language and attention to detail, which are crucial in the drafting and enforcement of contracts. When I moved into the IPR field in 2017, under the mentorship of Adv. Anand Mahurkar at Krishna & Saurastri Associates LLP, my perspective on legal practice expanded significantly. IPR, including but not limited to trademarks, copyrights, patents and designs, is a highly specialized area that blends legal knowledge with an understanding of business strategy, innovation, and market dynamics. This field is inherently dynamic, constantly evolving due to technological advancements and changes in international law, which made my work in IPR feel more forward-thinking. The transition gave me unique insights into the intersection of legal practice with commercial interests. I learned how intellectual property is not only about protecting the rights but also about safeguarding brand value and market positioning. Moreover, working in IPR helped me appreciate the importance of proactive legal measures, such as registrations and enforcement actions, versus the reactive nature of litigation. My earlier roles, particularly in litigation, have equipped me with a deeper understanding of how legal protections can be tested and challenged in courts. This experience has been particularly useful in my IPR practice, as I approach IP disputes with a practical mindset, always considering how theories will hold up in a legal battle. In short, my transition to IPR has broadened my legal horizons, allowing me to appreciate the diverse applications of law while the skills gained from my earlier experiences continue to inform my approach to legal practice in this evolving field.

    With your vast experience in handling contentious and non-contentious matters, can you share a few memorable cases that taught you significant lessons about IP law?

    Throughout my career, I’ve had the privilege of working on a variety of contentious and non-contentious IP matters that have significantly shaped my understanding of IP law. A few memorable cases stand out, each providing me with valuable lessons that continue to influence my practice today.

    1. Trademark Infringement and Passing Off Case: One particularly memorable case involved a trademark infringement and passing off dispute, where we represented a well-known brand in the real estate industry. The defendant had adopted a confusingly similar mark, which led to a real risk of consumer deception wherein consumers had rendered the services of the Defendant thinking those belong to my cline. What made this case particularly significant was the challenge of proving the likelihood of confusion in a crowded market. The key lesson here was the importance of facts and research with regards to the judicial precedents which in turn helped me securing a favourable injunction order in favour of my client restraining the Defendants from using my clients registered trademark till the final the disposal of suit;
    2. Non-Contentious Trademark Registration: On the non-contentious side, I worked on a trademark registration for a major brand. While this may seem like a routine matter, it taught me an invaluable lesson about proactive legal protection. The brand was already in market, but they had not secured registration which was worrisome for the management. This is where my firm was briefed, and the matter was listed for Show Cause hearing for the 3rd time. I appeared for the Show Cause Hearing and argued that the subject mark is a part of an already registered trademark and thus the Subject Mark shall be accepted as the same is associated with my client and the said mark was Accepted which as on date stands registered. This process reinforced the importance of pre-emptive action in IP law—registering trademarks early on, conducting thorough clearance searches, and understanding potential risks before market entry. It highlighted that securing intellectual property rights upfront can save significant resources and avoid future litigation; and
    3. Copyright and Digital Content Protection: A more recent case involved protecting digital content for an individual. The case required swift action to take down infringing content from various international platforms. The lesson from this case was about the importance of timely enforcement in the digital age. The fast pace of the digital world means that IP owners must be vigilant and ready to act at a moment’s notice to protect their rights. Additionally, the case reinforced how quickly IP infringement can spread across the internet, and how critical it is to stay up-to-date with evolving digital rights management tools and online platforms.

    All of these cases aught me important lessons about the dynamic nature of IP law, making me more adaptable and better equipped to handle the complexities of both contentious and non-contentious IP matters.

    You’ve worked across different organizations and mentored juniors along the way. How do you approach mentoring young lawyers in your firm, and what do you emphasize most in their professional development?

    Mentoring my juniors and fellow juniors who are not directly involved with my firm as always been a rewarding aspect of my career, and I approach it with a focus on both professional development and personal growth as taught by my mentor. My first focus when mentoring junior lawyers is ensuring they have a good grasp of legal fundamentals. I encourage them to understand the core principles of law and how to apply them in real-world scenarios. While knowledge of statutes and case law is important, it’s the practical application of that knowledge that truly matters. I emphasize the importance of attention to detail, especially when drafting documents or filing trademark applications or drafting responses or analysing legal issues, as even small errors can have significant consequences in legal practice. I also place emphasis on understanding the client’s perspective and I always encourage my mentees to think beyond the letter of the law and consider how our advice impacts a client’s business or personal interests. I believe that developing a client-centric mindset is crucial in fostering strong relationships and providing high-quality service. Lastly, I believe that the most effective mentorship happens through leading by example. I strive to demonstrate professionalism, integrity, and diligence in all my work, and I believe that young lawyers learn a lot by observing how we handle both successes and challenges. I encourage them to approach each task with the same level of commitment and care, regardless of its size.

    Ultimately, my goal as a mentor is to empower young lawyers, providing them with the tools and confidence they need to grow into skilled, independent professionals who can contribute meaningfully to the firm and the legal community at large.

    Your Ph.D. focused on digital copyright. How do you think digital platforms and the rise of user-generated content have reshaped copyright enforcement, and what challenges do you foresee in this area? 

    Firstly, the rise of digital platforms and user-generated content has dramatically reshaped the landscape of copyright enforcement. As digital content becomes more accessible and easily shared across platforms like social media, streaming services, and content-sharing websites, the challenges related to copyright protection and enforcement have multiplied. One of the most significant changes has been the increased volume of content that is uploaded and shared daily. With millions of videos, images, and text being posted by users globally, it becomes increasingly difficult for copyright holders to track and enforce their rights, and this has made it essential for copyright owners to rely on more automated tools (such as content recognition systems) and platform-specific reporting mechanisms to identify and take down infringing material. Secondly, the growth of user-generated content (UGC) has led to new challenges, particularly when users remix or modify existing copyrighted works. Market leader platforms are filled with content that may incorporate copyrighted music, videos, or images. While these platforms have made strides in facilitating copyright enforcement, this has often resulted in debates around fair use and fair dealing exceptions and therefore I feel that this has created a legal grey area that copyright holders must navigate, balancing the protection of their rights while not stifling creativity and freedom of expression. Thirdly, the most important factor is the growing scrutiny on the role of platforms themselves in copyright infringement. These platforms increasingly monetize user-generated content, there is a growing call for platforms to take a more active role in monitoring and preventing infringement. The challenge here lies in balancing the responsibility of platforms to curb infringement with the free speech rights of users.

    To conclude, the intersection of digital platforms, user-generated content, and copyright enforcement presents a complex and dynamic challenge. As a result, ongoing innovation in both legal strategy and technology will be crucial in shaping the future of digital copyright protection in India.

    Success in legal practice is not always about winning cases. Can you share an example where success for a client was achieved through strategic negotiation or an innovative legal solution rather than a courtroom victory?

    I completely second you on this. In a classic case where my client had adopted a brand name which contained a well-known trademark wherein, I had advised my client to not include the well-known mark as part of the proposed brand. However, my client was ready to accept the risk and went ahead with the filing of the application. The application was examined and subsequently Accepted and Advertised in the Journal. The proprietor of the well-known trademark filed opposition against my client’s application, and we communicated the same to our client. Our client asked for our opinion was to how do we tackle this as our client wasn’t well equipped monetarily to stand against the proprietor of the well-known trademark that is where I advised my client that we shall initiate dialogue with the registered trademark owner stating that we shall delete the device which was in question and our clients agreed to the same. Pursuant to our clients’ instructions, we initiated the dialogue stating that we shall delete the device and proposed to amicable settle the matter.  The other side agreed to our proposal, and we filed a request for amendment to delete the device from our client’s trademark. This case taught me that strategic negotiation and creative solutions can often be more effective than litigation, especially in matters where brand value, business relationships, and long-term goals and finance are at stake. It reinforced the importance of thinking outside the box, being attuned to the client’s needs, and finding the best path forward by way of negations, even if it doesn’t involve a courtroom victory.

    Startups often face challenges in protecting their intellectual property with limited resources. What advice do you have for new businesses looking to secure their IP while balancing growth and innovation?  

    While advising startups on protecting their intellectual property (IP) while balancing growth and innovation, I always emphasize the importance of being proactive, strategic, and resource efficient. Startups often operate with limited resources, so it’s crucial to focus on the most valuable aspects of their IP and protect them in a way that aligns with their business goals. Here’s the advice I typically offer viz., identify and prioritize core IP assets, file for registration of the identified IP, enter into appropriate agreements with partners, investors, contractors, or even potential employees, push and enforce your rights and keep good records. While protecting IP might seem daunting for startups with limited resources, taking proactive, strategic steps can go a long way in safeguarding their innovations and setting them up for future growth. It’s about focusing on the most valuable IP assets, taking advantage of protection methods, and using strategic legal solutions that align with the business’s goals. By taking these steps early on, startups can ensure that they have the foundation for both innovation and long-term success, all while minimizing risks associated with IP infringement

    In your opinion, how can Intellectual Property laws be better leveraged to protect cultural heritage and traditional knowledge, especially in a diverse country like India?

    Intellectual Property laws can be better leveraged to protect cultural heritage and traditional knowledge (TK) in India by adopting a multifaceted approach viz., recognizing collective ownership, creating a Dedicated Legal Framework, Strengthening Documentation and Databases, Geographical Indications (GI), Customary Laws Integration, Benefit-Sharing Mechanisms, by spreading and creating awareness, International Collaboration, Preventing Misappropriation and Cultural Sensitivity in IP Laws. All implementing these factors, India can better safeguard its rich cultural diversity and traditional wisdom while promoting their sustainable use.

    With such a demanding and dynamic career in Intellectual Property Rights, how do you unwind and recharge? Are there any hobbies or activities you enjoy outside of the legal field that help you maintain balance?  

    Maintaining balance in a demanding career like Intellectual Property Rights requires intentional effort. The main factors that help me unwind and recharge are listening to music, playing Xbox, travel with family, get together and hang out with friends, reading blogs on IP and last a most favourite going on long rides with my wife. Such hobbies not only provide relaxation but often inspire fresh perspectives, essential in a dynamic career like IPR.

    What advice would you give to young lawyers entering the field of Intellectual Property Rights? Are there any specific skills or knowledge areas they should focus on? 

    According to me I would recommend the following to young lawyers entering the field of IPR viz., develop a strong foundation by strengthening the basics during your law school by understating basic concepts of IP law, build good analytical and research skills by reading blogs on IP, keep up a track the on current and more recent judicial precedents with regards to IP, stay updated about the global IP trends, explore drafting and take lessons on negotiations by engaging into internships, try to gain practical knowledge during your internships, learn to navigate national and global IP databases, stay updated with recent technology and industry trends, network with professionals through LinkedIn, focus on soft skills, and last but not the least continue to learn. By honing these skills and remaining adaptable, young lawyers can excel in this dynamic and rewarding field.

    Get in touch with Dr. Selwyn D’costa-

  • “There is no short cut to hard work. Success can only be achieved with patience, hard-work and perseverance fuelled by honesty and integrity.” – Shilpi Mehta Nanda, Founding and Managing Partner at Zeal Attorneys.

    “There is no short cut to hard work. Success can only be achieved with patience, hard-work and perseverance fuelled by honesty and integrity.” – Shilpi Mehta Nanda, Founding and Managing Partner at Zeal Attorneys.

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

    You have completed your Masters degree from University of New Hampshire School of Law, USA specializing in Intellectual Property Law, Commerce and Technology. What was your motivation to choose this specialization?

    I remember taking the ‘Intellectual Property Law’ as a mandatory subject in third year of my law school. I was so intrigued by the subject that I finished the entire course curriculum even before our professor taught it in the class. To further increase my knowledge on the subject I started a diploma course in Intellectual Property Laws at the Indian Law Institute, Delhi and attended the evening classes. I believe my attraction towards fancy colorful logos and brands along with my passion for reading stories and inclination towards dramatics and storytelling attributed to my decision of specialising in Intellectual Property Law. 

    Starting your career at prominent IP firms like Lall and Sethi and Anand & Anand must have been a rewarding experience. What key lessons did you learn during your time there that significantly influenced your career?

    It was an enriching experience to work with two of the prestigious law firms in the field of IP. One of the most important lessons I learnt at the beginning of my career at Lall and Sethi was to be always honest with your clients. I run my present firm ZEAL on the same principles –  honesty and integrity. At Anand and Anand, I learnt to handle bulk work and multi-tasking and the importance of billable hours in a lawyer’s life.    

    Serving as an Intellectual Property Attaché for India at the British High Commission and the UK Intellectual Property Office (IPO) must have provided valuable insights. Could you share your observations and experiences on how the UKIPO operates differently from the CGPDTM?

    At the British High Commission and the UKIPO, I majorly did policy related work relating to Intellectual property. This role was quite challenging as I was contributing to developing policies and engaging with Ministers and high-level officials of both the UK and India.  At the UKIPO, I polished my skills in the art of networking. The same holds immense importance to me even today.  While each job helped me in building my career and skills, my policy driven role at British High Commission assisted my vision and career path exponentially. 

    I particularly worked in the international division of the UKIPO which was responsible for serving the British stakeholders in India. My main profile was to assist and launch British businesses and work on their IP portfolios while working on their IP issues with DPIIT (at the policy level) and CGPDTM.  I majorly worked with DPIIT and CIPAM instead of CGPDTM during my tenure at UKIPO. 

    After gaining experience with various firms, you founded your own practice. What initial challenges did you encounter, and how did you navigate those obstacles?

    To my surprise, I did not face a lot of challenges after setting up my own practice. On the contrary, I faced a lot of criticism while leaving a prestigious job at the UKIPO. Everyone around me, except for a few people, discouraged me to start my own practice, advising it was a difficult market and I might not be able to survive, especially being a woman with two kids. However, my heart was set on building my own independent law firm. I successfully have been running my own firm for the past five and a half years now (special thanks to my supportive husband). 

    Six months after I started my own practice, covid crisis devastated the whole world and my newly established business was severely affected and so was my health. However, I bounced back both on the work and health front with the help of my family and my business partner Swati Mehta who joined the firm in 2020 as litigation head. With her joining and setting up of litigation department we expanded and diversified our practice areas significantly.     

    While advising clients on brand protection strategies and domain name disputes, what key factors do you consider? Can you discuss a time when your advice significantly helped a client?

    While advising our clients on brand protection strategies or domain name disputes, we take multiple factors into consideration for instance, statutory and common law rights of the client,  how big and important the brand is for the client, infringer’s economic and business strength, for how long the infringer has been in the market and most importantly, the client’s budget.

    One of our clients was struggling with getting his trade marks renewed by the Trade Marks Office for almost 2 decades. We advised the client to file a writ petition before the High Court of Delhi and am proud to say that we successfully received a favourable order for our client within merely 2 court hearings. 

    In another case, {Om Logistics Ltd. vs Sh Mahendra Pandey (CS (COMM) 447/2021)} we (along with Adv. Rahul Ajatshatru and Adv. Gitika Khanchandani) got a prominent order under Order 39 Rule 4. An ex-parte ad interim injunction issued by our client was set aside by the Delhi High Court. The Court held that the descriptive Words/ Religious Symbols/ Names of Deities cannot be monopolized. This order proved to be a significant milestone in field of Intellectual property and is often cited by the Judges while deciding trade marks matters. 

    Further, in another case {Usha Varia vs Rupinder Kaur & Ors (CS(COMM) 446/2022)}, the Defendants represented by us and Adv. Rahul Ajatshatru were restrained from infringing the Plaintiff’s registered trade mark ‘SAMOOLAM’ and from passing off of Plaintiff’s trade mark and Copyright material.

    You have mentioned that you’re an Independent Director at the Phonographic Performance Limited, India (PPL, India). How does your position on the board influence your broader goals and strategies in the IP landscape?

    As an Independent Director at the PPL, India, we collectively make sure that piracy is reduced, people get quality music and stakeholders get their dues. Being on the PPL Board assists me to approach the issue of Piracy and illegal distribution of music not only from the legal point of view but also business point of view as well as from the perspective of creators and distributors of music. 

    You have worked on various IP portfolios of National and International Clients, what has been one of the most interesting issues that you have dealt with that you’d like to share with our readers?

    One of the most interesting and recurring issue that keep on resurfacing in most of our matters is unauthorized registration of trade mark by the distributors. The domestic distributors get the registration of the trademark before the original international proprietor can get the trademark registered in India. I have seen this in several matters where the international clients have distributors in India operating for years and got their trademark registered in their own name and the clients are absolutely unaware of such registration for decades until one day they move to a new distributor and are threatened by the previous distributor of being the registered proprietor of international entities’ trade mark in India . 

    As a member of the Panel for Standardization at the Bureau of Indian Standards, what specific strategies are you advocating to combat piracy in India, and how do you envision these standards impacting both creators and consumers?

    Some of the strategies to combat piracy is India would include collaborating with all the stakeholders to ensure that the music is original, flagging websites that infringe copyright, giving proper credits to the creators, framing guidelines to not promote channels/ websites/ domain names that infringe copyright of the creators, creating an infringing website list (IWL) and spreading awareness amongst consumers as well as encouraging them to buy from the original source  are few measures that will help both creators and consumers.  

    In your opinion, what is the biggest challenge stakeholders are facing in the field of intellectual property law specially and what role do emerging technologies play in shaping these challenges?

    Some of the biggest challenges that stakeholders face in current IP scenarios include high litigation cost, widespread counterfeiting and piracy, lack of intermediary accountability and fallacious use of AI technology. Emergence of technology can work both as a catalyst for such challenges as well as a preventive tool to deal with them. Another major setback stakeholders are facing is that the technology is fast emerging and changes / progresses every day; however the pace at which the law agencies work is not only at the speed of a snail but also expensive and time consuming. Thus, it would not be wrong to say that infringers are often left unpunished and their illegal businesses (affecting rightsholders’ IP) keep on flourishing contributing immensely to heinous crimes like terrorism, drug and child trafficking etc.    

    How have accolades like the Indian Achievers Award impacted your career trajectory and the growth of ZEAL Attorneys?

    The awards have assisted us in gaining recognition among the existing and future clientele. Getting recognized for the hard work and efforts helps the organization to provide better services to our clients. To be candid, however, client’s feedback and satisfaction matters to us more than the Awards itself. 

    As a guest lecturer and author of numerous research papers, what core messages do you hope to convey to students and young professionals in the legal field that aspire to become IP professionals in the future?

    My advice to the students and young professionals would be that “there is no short cut to hard work”. Success can only be achieved with patience, hard-work and perseverance fuelled by honesty and integrity.

    Get in touch with Shilpi Mehta Nanda-

  • “Commitment to continuous learning and professional development drives success in the legal field. Aim big, do bigger tasks, explore territories where you were never before.” – Devendra Joshi, General Counsel(Vice President-Legal) at Crystal Crop Protection Limited.

    “Commitment to continuous learning and professional development drives success in the legal field. Aim big, do bigger tasks, explore territories where you were never before.” – Devendra Joshi, General Counsel(Vice President-Legal) at Crystal Crop Protection Limited.

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

    With over two decades of experience across various areas of law, what initially motivated you to pursue a legal career, especially coming from a science background?

    After passing my Law Exam from GPG College Gopeshwar Uttarakhand, I began my journey as a lawyer in 1998. My path into law was driven by a deep-rooted curiosity and a desire to make a tangible impact on society. As a very social and emotional person, I have always been keen to see the world as a happier place. Coming from a science background, I was trained to think critically and solve complex problems. However, I soon realized that many societal issues required not just scientific understanding but also a framework for justice and advocacy. This realization led me to enroll in a law course.

    During my B.Sc. days, I actively participated in debates, wrote poetry, was student editor of college Magazine, I was also involved in the Separate Uttarakhand Movement at that time. Some untoward incidents during this movement were a turning point for me, highlighting how legal systems could drive change and protect rights. Witnessing these events firsthand solidified my belief in the power of law to effect positive change.

    As technology and computers advanced, I became increasingly inspired by cases where law intersected with technology and environmental issues. These areas allowed me to leverage my science knowledge to address complex legal challenges. This blend of science and law offered a unique opportunity to contribute to meaningful advancements and uphold justice.

    My journey into law has been shaped by a combination of personal experiences and professional aspirations. The intersection of my scientific background with legal practice has enabled me to approach problems with a unique perspective, ensuring that I can make a significant impact in both fields. This multidisciplinary approach continues to drive my passion for law and my commitment to creating a just and equitable society.

    You began your career as an associate lawyer before transitioning to the corporate sector. What inspired this shift, and how does working in-house at a corporation differ from private practice?

    After Coming to Delhi, I started my Journey from Patiala House Courts at New Delhi. I have done my Private Practice for almost 9 Years. Although my transition from private practice to the corporate sector firstly was solely driven by a desire to earn livelihood but later it was converted for a more integrated role within a business environment. As an associate lawyer, I enjoyed the intellectual challenge and the variety of cases I handled. With the passage of time in Delhi, I was keen to see the broader impact of legal decisions on a company’s strategy and operations and was very much willing to be part of entrepreneurial Journey.

    I am very fortunate that I have started my journey very closely with Late Sh. DC Jain Ji, who was promoter of AKUMS DRUGS & PHARMACEUTICALS LTD which is the largest Contact manufacturing Company of Medicines in India. He honed my skills as a person, changed my perspective to see life, and gave me liberty to work as I am the owner of my organization. As you know, working in-house offers a unique perspective. Unlike private practice, where the focus is often on specific legal issues, in-house counsel are involved in the day-to-day business decisions and long-term strategic planning. This role allows for a deeper understanding of the business, fostering a proactive approach to legal risk management and compliance. Additionally, being part of a corporate team provides the opportunity to collaborate closely with various departments, contributing to the overall success of the organization.

    I am fortunate that my promoters always gave me liberty to think out of the box and always believed me, as a result in every organization where I worked I have tried to do maximum work inhouse so that legal cost can be curtailed and ownership can be elongated.

    Now a days Both Private Practice and Inhouse roles are becoming the same, and as far as I am concerned In-house roles are of more onus than Private Practice, however in Private practice you can have more flexibility of time, money and autonomy. 

    Your career includes a range of leadership roles. How have these experiences shaped your approach to legal practice, and what key lessons or insights continue to guide you today?

    When I joined the AKUMS Group, the Legal Department was initially managed by individuals without a legal education background. However, as the industry grew, the visionary approach of Mr. Jain and his sons, Sanjeev and Sandeep, led to the establishment of a dedicated Legal Department within the group. At that time, it was uncommon for Indian companies to have a formal Legal Department, with Company Secretaries often leading legal functions. Mr. Jain’s proactive approach provided me with the opportunity to establish and lead the Legal Department.

    In my current organization, Crystal Group, I found myself in a similar role. Under the mentorship of our Chairman, Mr. N.K. Aggarwal, and the leadership of our Managing Director, Mr. Ankur Aggarwal, I received full support in my endeavors.

    My leadership roles have profoundly influenced my approach to legal practice, instilling a blend of strategic thinking, empathy, and adaptability. Leading teams has taught me the importance of clear communication, collaboration, and fostering a supportive environment where every team member feels valued and empowered.

    One key lesson I’ve learned is the significance of proactive problem-solving and leading by example. In leadership, anticipating challenges and addressing them before they escalate is crucial. This mindset has translated into my role as GC, where I prioritize risk management and strategic planning to mitigate potential issues.

    Another insight is the value of continuous learning and adaptability. The legal landscape is ever evolving, and staying abreast of changes is essential. My leadership experiences have reinforced the need to be flexible and open to new ideas, ensuring that my legal strategies are innovative and effective.

    Lastly, empathy and ethical integrity are cornerstones of my approach. Understanding the human element behind legal issues and maintaining a strong ethical compass guide my decisions and interactions, ensuring that my practice not only serves the business but also upholds justice and fairness.

    My experiences have taught me to trust my team, give them challenges, approach tasks with an entrepreneurial mindset, and always lead by example when they seek guidance.

    Given your extensive experience in civil, criminal, and commercial litigation, which type of case do you find most challenging? Could you share a particularly complex case you’ve handled and how you navigated its challenges?

    Among civil, criminal, and commercial litigation, I find criminal cases to be the most challenging. The stakes are incredibly high, often involving someone’s freedom or significant societal implications. As a legal professional, whether it concerns the top management of the company or an employee, each case holds equal importance to me. In pharmaceutical or agrochemical companies, sample matters are particularly significant. The complexity of criminal law, combined with the need for meticulous attention to detail and the emotional weight of these cases, makes them especially demanding. Nowadays, matters related to the CBI, PMLA, FEMA, or other authorities are equally important.

    While I would not like to disclose details of any specific case due to the privileged nature of lawyer-client communication, I can elaborate on my approach to handling such situations. In promoter-driven organizations, the most complex scenarios often arise when top management is accused of a serious offense. These cases are further complicated by extensive media coverage, which adds public pressure and potential bias. Navigating this requires a multi-faceted approach by the legal team, who do internal investigation in the matter, communicate with relevant stakeholders, gather documents, mitigate risk by strategic communication with outside stakeholders, taking expert legal advise, giving hope to Client, which is in our case our management; to give them hope that ultimately all is well.

    Ultimately, our comprehensive approach often leads to favorable outcomes, highlighting the importance of diligence, strategic planning, and empathy in handling complex criminal cases.

    Besides criminal cases, I have a strong interest in intellectual property rights (IPR) matters, including trademarks, patents, and copyrights. As for commercial litigation and contracts, these are routine matters in my practice.

    With the ever-evolving legal landscape, particularly in areas like commercial law, IPR, and mergers & acquisitions, how do you stay updated with changes in the law? What strategies do you use to ensure continuous professional development?

    To stay ahead in the ever-evolving legal landscape, particularly in commercial law, IPR, and mergers & acquisitions, I employ a multifaceted approach to continuous professional development. I leverage advanced legal research software and databases to access the latest case laws and statutes. Reading two newspapers daily keeps me informed about current events and legal trends, ensuring I stay updated.

    I believe that true knowledge enhancement often happens outside office hours, so I dedicate time after work to study new legal developments, attend webinars, and participate in online courses. Collaboration is key; I actively seek insights from colleagues and engage in discussions to gain diverse perspectives. Delegation is another strategy I embrace, as it allows me to focus on strategic tasks while empowering my team.

    Professional development programs, workshops, seminars, and conferences are integral to my growth, providing opportunities to learn from experts and network with peers. Mentorship from seasoned professionals offers invaluable guidance, helping me navigate complex legal issues. Staying adaptable and open to new ideas ensures my strategies remain innovative and effective. Networking is crucial for success in any field.

    By combining these strategies, I ensure continuous learning and professional excellence, enabling me to provide top-notch legal services to my organization. I would like to take this opportunity to thank my boss, Ankur Aggarwal, Managing Director of Crystal Crop Protection Ltd, who gave me the freedom and opportunity to be part of the Deal Team. I am happy to share that in my journey of over four years with Crystal Group, I have been part of five deal transactions. Commitment to continuous learning and professional development drives my success and effectiveness in the legal field.

    With your wealth of experience in drafting commercial contracts and agreements, how do you see legal technology impacting case management, contract drafting, and legal research? What tools or innovations have you found most helpful in your practice?

    There is no doubt that Legal technology is revolutionizing case management, contract drafting, and legal research, significantly enhancing efficiency and accuracy. Advanced software like Manupatra, Mykase, Mikelegal, and Complinity are some tools I use for case management, organizing and tracking details, deadlines, and documents. I do not use Automated contract drafting tools as every organization requires Customisation and we do it without help of software. Legal research platforms like Manupatra and Casemine provide access to vast databases with powerful search, delivering relevant results swiftly. For IPR we are using Mikelegal, software is beneficial, allowing us to focus on strategic thinking. The new generation is very tech-savy and embracing these innovations is essential for staying competitive and delivering high-quality legal services. However, I strongly advise against total dependency on software. While technology offers incredible tools, it is our unique human qualities of critical thinking and imagination that truly drive innovation and effective problem-solving. These abilities should be nurtured and strengthened, not allowed to weaken or become extinct. Balancing the use of technology with our innate human insight ensures we leverage the best of both worlds, maintaining our creative and analytical edge in the legal field.

    Can you outline your responsibilities in your current role? Given the demanding nature of your career, how do you manage to maintain a balance between your professional obligations and personal well-being?

    In my capacity as the General Counsel (Vice-President) and Head of Legal at Crystal Crop Protection Ltd, I am entrusted with a broad spectrum of legal and strategic duties. My primary responsibilities include overseeing litigation, intellectual property rights (IPR), and contract management. Additionally, I am an integral part of the Deal Team. I manage litigation cases, represent the company in legal disputes, and safeguard the company’s interests in court. Ensuring regulatory adherence is crucial, so I ensure compliance with all pertinent laws and regulations, including those related to the CBI, PMLA, FEMA, and other regulatory bodies. I provide strategic legal counsel to the board and senior management on various business initiatives and transactions, and identifying potential legal risks and formulating strategies to mitigate them is a key part of my role.

    In contract management, my team and I draft, scrutinize, and negotiate various agreements such as Contract Manufacturing Agreements, Principal to Principal Agreements, Loan-License Agreements, and Confidentiality Agreements. Most of the IPR matters, especially trademarks, are handled in-house. Additionally, I lead and mentor the legal team, fostering a collaborative and efficient work environment.

    Balancing a demanding career with personal well-being requires a strategic approach and effective time management. Earlier in my career, I used to seek validation from others, but now I focus on myself. If you are honest, you don’t need validation from others. In my organization, we believe in the FITECS values (Family, Integrity, Trust, Entrepreneurship, Customer-centricity, and Sustainability), and adopting these values in daily life helps achieve work-life balance.

    Remember, we are all ‘musafirs’ (travelers) in this journey called life. Be a traveler, not a tourist; enjoy every moment of #thejourneyoflife. Prioritizing my personal well-being by setting boundaries and ensuring I have time for family and personal interests is essential for maintaining long-term productivity and job satisfaction.

    What advice would you offer to young aspiring lawyers who are eager to excel in the field of law? What key qualities or practices should they focus on to build a successful career?

    For young aspiring lawyers eager to excel in the field of law, all I can say is, work hard, do not procrastinate, try to learn new things, do not be afraid of life, what will happen tomorrow? Aim big, do bigger tasks, explore territories where you were never before. This is the best profession in the world, you are king here, explore your kingdom. For inhouse lawyers my advice is treat your job as if you are running your own company. Approach every task with dedication and responsibility. Face each challenge with the precision of a trial, avoiding procrastination and leaving your ego aside. Continuous learning is essential; stay updated with the latest legal developments through research tools, journals, and newspapers. Dedicate time outside office hours to study, attend webinars, and take online courses. Collaboration and networking are vital for success now a days. 

    One thing I strongly wish to communicate is that you decide early whether you wish to pursue an in-house role and as Practicing Lawyer? Because confusion will take you nowhere and you will suffer. Prioritize personal well-being by setting boundaries and ensuring time for family and interests. Surround yourself with friends who are more intelligent than you, more visionaries and having big dreams. Always Remember that you are an average of 5 persons around you. Lastly whatever you achieve in life remember that best is yet to come, “Abhi Udaan Baki hai”

    Lastly, Commitment to continuous learning and professional development drives success in the legal field.

    Get in touch with Devendra Joshi-

  • “Mediation is about finding common ground—something I strive for not just in disputes, but in all my professional relationships.” – Sunil Jose, Founder & Managing Attorney at SUNS LEGAL

    “Mediation is about finding common ground—something I strive for not just in disputes, but in all my professional relationships.” – Sunil Jose, Founder & Managing Attorney at SUNS LEGAL

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

    Could you walk us through the pivotal moments and decisions that shaped your career path, from your early days in college to landing your first job, and ultimately, to where you are today? What inspired you to pursue a career in law, particularly specializing in Intellectual Property?

    I have always loved reading and listening to the news and have been deeply interested in politics and social issues. Naturally, becoming a lawyer seemed like the right path for me. After finishing college, I developed an interest in company law and moved to Chennai to start my legal career. The turning point in my career came in 1995 when I happened to watch a court case involving a trademark dispute by chance. I attended all the hearings of that case and had the opportunity to listen to arguments in a few other cases as well. I had a fair understanding of Intellectual Property, but witnessing a court argument over IP for the first time was a pivotal moment for me. This was when India became a member of the WTO, and the controversy surrounding India’s WTO membership and TRIPS agreement conditions was a hot topic. Observing these cases sparked my curiosity and deepened my interest in the subject. This inspiration led me to pursue a master’s degree in IP in 1999.

    After completing my master’s, I had the opportunity to work for a new law firm in the Middle East that sought lawyers with expertise in then trending subject, Intellectual Property. This firm had several foreign clients dealing with IP issues, marking my initial exposure to Intellectual Property disputes. Later, I joined Abu Ghazaleh Intellectual Property (AGIP), which opened doors to working with Forbes 500 clients. My experience at AGIP significantly shaped my career as an IP lawyer.

    Your professional journey includes solo practice as well as working with leading IP firms. What motivated you to establish Suns Legal, and what unique value proposition do you bring to your clients as a solo practitioner?  

     Being a solo practitioner has its perks. For one, I can give each client my full attention, which means I can create legal strategies that are just right for their specific problems. I can quickly adapt to any changes and offer flexible solutions. Running my practice also lets me keep my prices competitive while maintaining high quality. With my expertise in Intellectual Property law and the experience I have gained from working with top firms, I can provide clients with expert advice and solutions. Building long-term relationships based on trust is very important to me. All these factors help me deliver high-quality service and show my commitment to meeting my client’s legal needs with professionalism and care. 

    Beyond your professional accomplishments, you’ve also been recognized as a LinkedIn Top Voice for your contributions to thought leadership in Intellectual Property. What motivates you to share your expertise and insights with a wider audience?

    I am not a social media expert, but I love creating content. LinkedIn is the only platform I am active on. My strong belief in the power of knowledge sharing and the incredible reach LinkedIn offers drives me to share my expertise and insights.

    Intellectual Property (IP) is such a complex and evolving field, and I feel a real responsibility to make it easier for others to understand. My passion for teaching plays a big role in my eagerness to write on LinkedIn. By sharing my experiences and insights, I aim to help individuals and businesses get a better grasp of IP issues.

    Engaging with a broader audience helps me stay updated with the latest trends and developments in the field. It also creates a community of like-minded professionals and enthusiasts who can learn from each other. Through LinkedIn, I have connected with many such individuals who regularly interact with me.

    I often get direct messages from people who appreciate my efforts to explain these complex topics in simple terms. It makes me especially proud when teachers tell me they use my insights to help them teach the subject more effectively. That kind of recognition means a lot to me.

    I often find my associates and interns through this platform. While generating leads was not my primary goal, many of my clients have come through LinkedIn. Plus, the platform has allowed me to connect with the vibrant Kerala Creators community, which has been fantastic.

    Being recognized as a LinkedIn Top Voice was such a pleasant surprise! I humbly accept it as a testament to my efforts, and it inspires me to keep contributing to the IP community.

    Your extensive experience spans across various countries and cultures. How do you navigate the nuances of Intellectual Property laws in different jurisdictions, and what challenges do you commonly encounter?

    Dealing with Intellectual Property (IP) laws across different countries and cultures can be quite challenging. However, many advantages made the experience rewarding. The basics of intellectual property are the same worldwide, which provides a solid foundation. The support from bilingual lawyers was invaluable. Working with Forbes 500 companies and their lawyers was a rare and valuable experience.

    That said, the challenges were more significant than the advantages. Most Middle Eastern countries follow civil law, while many of my clients are from common law countries. This difference needed careful adjustment. Additionally, Arabic is the main language in most Arab countries, which introduces additional complexities. The judicial systems in these regions were still developing, with few established precedents. IP was a new subject, and there were only a few judges or officers with knowledge of it. Many countries were monarchies, making it difficult to resolve disputes, especially when the other side had the support of the ruling families. The bureaucracy was often not transparent or easily accessible, and there were significant differences in culture and values that needed to be addressed.

    Despite the challenges, I survived and thrived, gaining incredible learning and exposure. It was a journey filled with learning and growth, and I continue to overcome the challenges.

    In addition to your legal expertise, you’re also a Certified Mediator and a Distinguished Toastmaster. How do you think these skills complement your role as a legal professional, and how have they influenced your approach to advocacy and negotiation?

    I have been a Toastmaster for around 15 years, and it has helped me improve my public speaking and leadership skills. In law, effective communication is crucial, whether it is presenting a case in court, negotiating with opposing counsel, or talking with clients. Toastmasters has made me more confident and articulate. It has also significantly boosted both my verbal and non-verbal communication skills, and my ability to handle unexpected questions or situations gracefully. It also taught me how to manage my time effectively and handle spontaneous questions during seminars, classes, and training programs.

    I love mediation. It has always come naturally to me, but I decided to get certified later in my career to validate my skills. Mediation is all about finding common ground and facilitating communication between parties. It has taught me to listen actively, understand different perspectives, and work towards solutions that benefit everyone involved. This approach not only helps resolve disputes but also prevents them from escalating. It plays a special role in settling Intellectual Property disputes, which often demand time-bound solutions.

    These skills have changed how I handle advocacy and negotiation. They have made me more understanding, patient, and thoughtful. I can better understand what everyone needs and worries about, which helps me make stronger arguments and find effective solutions. Overall, these skills have made me a better and more effective legal professional.

    You’ve been involved in numerous high-profile cases, such as advising multinational corporations and assisting in preventing unauthorized use of copyrighted material. Can you share a particularly challenging case and how you navigated through it?

    One of the toughest cases I handled was quite unusual. A Ministry in a Middle Eastern country, which was responsible for handling copyright matters, ended up using a copyrighted design from an internationally known magazine. The irony was that we had to contest a copyright violation against the very government department that oversees copyright issues! This made the situation delicate and complex. 

    After a lot of negotiation and presenting a strong case, we managed to convince the Ministry of the violation they had committed. They eventually agreed to rectify the mistake by removing the copyrighted design. This case was particularly challenging due to the involvement of a government entity, but it was incredibly satisfying to reach a successful resolution. 

    Given your experience in portfolio management strategies, what advice would you offer to businesses looking to safeguard their intellectual property assets in an increasingly digital and globalized world?

    It is very important for businesses to regularly review their IP portfolio to keep track of all assets and identify any areas that might need attention. Registering IP, such as trademarks, patents, and copyrights, in all the places where they do business provides legal protection and makes it easier to defend their rights. 

    Monitoring the market for any unauthorized use of IP is essential. When working with third parties, using clear contracts that outline IP ownership and usage rights helps prevent disputes and ensures proper use. Leveraging technology is another great strategy. 

    Staying informed about changes in IP laws and regulations, both locally and internationally, helps you adapt your strategies to stay compliant and protect your assets effectively. Finally, seeking professional advice from IP lawyers and consultants can provide you with expert advice tailored to your specific needs and challenges.

    On a personal note, what do you enjoy doing in your leisure time? Any hobbies or interests that help you unwind and recharge outside of your demanding legal practice?

    In my free time, I love spending quality moments with my family. Watching movies together is always refreshing, especially when we find one everyone enjoys. I also value the time I spend with close friends; their company is always a joy. Listening to spiritual talks helps me find peace and balance, and I find it very calming. I also enjoy reading psychology books, which offer interesting insights into human behaviour. Attending Toastmasters meetings is something I look forward to as well. It’s a fantastic way to connect with like-minded individuals. 

    You’ve mentored many young law graduates and interns throughout your career. What advice would you give to the current generation aspiring to build a successful career in Intellectual Property or law in general?

    Staying curious and always learning is crucial, as the legal field is constantly changing. Keep your eyes open and stay updated on the latest developments. Networking is crucial, so build strong relationships with peers, mentors, and professionals in the industry. These connections can provide valuable insights and opportunities. Gaining practical experience through internships helps you understand the field better and apply what you have learned. Patience and persistence are essential, as building a successful career takes time and effort. Being a self-starter and giving one hundred percent dedication to your work will make you unique. Loving what you do and always striving to improve will set you apart. 

    Suns Legal has recently completed six years, marking a significant milestone. Could you share some of the key achievements and challenges you’ve experienced during this journey, and how they have shaped the firm’s growth and vision for the future?

    Celebrating six years at Suns Legal is indeed a significant milestone for us. We have had our share of achievements and challenges that have shaped our journey and vision for the future.

    One of the biggest challenges has been keeping up with fast-changing technology, which requires huge investments. During our early growth stage, we were hit by the pandemic, which forced us to adapt quickly to remote working. We also faced extremely high competition, with undercutting and fly-by-night firms making the market tough.

    Despite these challenges, we have had some remarkable achievements. We have built a diverse client base and formed extensive friendships along the way. Stepping out of our comfort zone has allowed us to grow, and we have focused on training young talent and absorbing them into our team. Building trust with our clients has been crucial, and we are now known as experts in our field. This journey has also allowed us to do things we could not do before.

    Looking forward, we aim to develop the firm by focusing on quality and expertise. We plan to expand our team, embrace updated technology, and broaden our service areas. Our goal is to continue growing while maintaining our commitment to excellence.

    Get in touch with Sunil Jose-

  • “One who knows the law well knows how to use it to suit his client… One should always keep the head and the heart in Sync-mode and you become an asset to the society.” – Sonam Datta Mehta, Proprietor at Sonam Datta Mehta & Attorneys

    “One who knows the law well knows how to use it to suit his client… One should always keep the head and the heart in Sync-mode and you become an asset to the society.” – Sonam Datta Mehta, Proprietor at Sonam Datta Mehta & Attorneys

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

    Can you walk us through your journey into the field of law? What inspired you to pursue a career in law, and could you share some insights into your college experience and how it shaped your professional path?

    Since my 8th standard I always wanted to be a Lawyer. My father is in the uniform job, hence serving the nation and the community in the best possible way runs in my upbringing and in my blood. I am an Alumni  of Guru Gobind Singh Indraprastha University. Law college no doubt is the first step into our legal journey and it is not a common Graduation that we pursue, it is a professional degree hence the approach should also be professional. I was fortunate enough to get the best faculty in the city and that too through my 5 year programme. Till date my professors are torch bearers in the legal field as well.

    As someone who has pursued diverse disciplines in law, what sparked your interest in becoming a mediator and arbitrator alongside your practice as an attorney?

    ADR I would say is not the Alternative Dispute Resolution Mechanism, rather is the Appropriate Dispute Resolution Mechanism System. Serving my clients with their legal battles for years and seeing them suffer emotionally, financially, physically sometimes (irrespective of the outcomes or reliefs they get from the Courts), ADR is the swiftest way to resolve disputes. Cases that take decades in courts can be resolved in a few months through Mediation or Arbitration. Being a Mediator or an Arbitrator satisfies not only the pocket but the soul as well! (On a lighter note!)

    You’ve delved into various areas of law, from matrimonial disputes to trademark matters. Is there a specific field that you find most fulfilling, and if so, why?

    I feel a perfect lawyer is the one who is a Master of all the fields. He should be able to serve his client with all principles intact. I find Matters pertaining to women to be most fulfilling. Since then, the legislative has made several laws purely for the protection of women. Hence, striking the balance of their rights and duties towards their families and spouses etc. and proceeding with them in the right direction is really challenging and  fulfilling at times.

    As a former prosecutor and now an advocate, what advice would you give to aspiring legal professionals who aim to make a positive impact in society?

    One who knows the law well knows how to use it to suit his client. Sometimes it may go against the lawyer’s ethics. In such circumstances one must listen to their heart and proceed. As a young prosecutor, there were many challenges before me, such as dealing with the police machinery etc, but when you know the law and your cases well, no one can mess it up against you. One should always keep the head and the heart in Sync-mode and you become an asset to the society.

    With your expertise in alternative dispute resolution, what role do you see technology playing in shaping the future of legal proceedings?

    With the coming up of the Online Dispute Resolution ( ODR-ADR) mechanisms, disputes can be resolved at any place and at any time. AI apps like Peacegate etc. help in resolving disputes in a smarter way and the disposal rate is absolute. Post COVID technology has served several purposes, even hearings are being done virtually which saves a lot of time and money.

    As someone who has judged various moot court competitions, what qualities do you look for in aspiring lawyers and mediators?

    One must be sound in various fields of law and must be willing to serve the society. Sitting across the table with an open head and heart and helping the parties to navigate the disputes to resolutions is the only skill a Mediator should ace!

    Outside of your legal career, what are some of your favorite hobbies or activities that help you unwind and recharge? How do you find balance between your professional and personal interests?

    Being a mom of two young daughters is my hobby! And beyond that I love to meditate. This helps me rejuvenate energies and help me find balance in life. I love to travel, I have travelled to several countries, different cultures, and people attract me a lot. It helps me recharge and find a purpose in life.

    Reflecting on your educational journey, how pivotal were your internships in shaping your understanding of the legal profession? Could you share a particularly impactful experience from your time as an intern? Also how important is internship in shaping anyone’s career path?

    Internships are indeed an integral part of the legal curriculum. It is through these internships that I could locate my interest in the legal field. The best of my internships was in my second year, where I worked with the Delhi Legal Service Authority at the Tihar Jail. I got the opportunity to 

    interact with the inmates and help them with their cases. This helped me to dream about becoming a Prosecutor and represent the State.

    Balancing multiple roles as a legal practitioner, mediator, arbitrator, and trademark attorney must require excellent time management skills. Could you share some strategies or routines you employ to effectively manage your time and responsibilities?

    It is indeed difficult and you get exhausted at the end of the day but effective time management is the key and above that a team of equally efficient and trained lawyers to work beside you is an asset. I am fortunate enough to have such people associated with me and hence working alongside becomes easier. Also fixing days for specific forums or courts can prove to be helpful too.

    Get in touch with Sonam Datta Mehta–