Super Lawyer

Tag: Trademark Infringement

  • “I was fascinated by the intersection between intellectual property and everyday life and how trade mark practitioners must strike a balance between protecting a fair monopoly and allowing innovation and creativity to thrive.” – Kim Rampersadh, Trade Mark Attorney and Partner at Adams & Adams, South Africa.

    “I was fascinated by the intersection between intellectual property and everyday life and how trade mark practitioners must strike a balance between protecting a fair monopoly and allowing innovation and creativity to thrive.” – Kim Rampersadh, Trade Mark Attorney and Partner at Adams & Adams, South Africa.

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

    With over a decade of experience, what initially drew you to a career in law, and what inspired your decision to specialize in intellectual property and trademarks?

    I have always appreciated how rules and the law govern society and, from a young age, developed a strong sense of justice and fairness. What the law represents therefore resonated with me strongly and pursuing a career in law was a vocation.  Of course, having parents, who deeply value education, and who have very conventional ideas of employment, made my decision to pursue law an easy one. 

    The decision to specialise as a trade mark practitioner I credit to Adams & Adams. My relationship with Adams & Adams predates my employment with the firm and from that first interaction I was fascinated by the intersection between intellectual property and everyday life and how trade mark practitioners must strike a balance between protecting a fair monopoly and allowing innovation and creativity to thrive. The intellectual diversity of a trade mark practice inspired my choice.  

    Looking back at your early years as an attorney, what key lessons or experiences shaped your current approach to trade mark law and brand protection strategies?

    There are too many learnings to cite, but those with the most profound impact are:

    • being accountable, which translates to taking responsibility for all aspects relating to you, including the advice provided, your professional development and knowledge, and levelling with a client when things go right or wrong; and
    • shifting your mindset, so that within the legal problem you can identify opportunities for you and/or your client and add value that enhances business. 

    As a Partner at Adams & Adams, you handle complex, multi-jurisdictional matters. How do you balance strategic advisory, litigation, and client relationship management while leading within a large IP firm?

    Being knowledgeable and confident in one’s field, keeping up to date with developments, working systematically, and developing sound knowledge of and relationships with clients have all made striking that ever-elusive balance manageable as an individual practitioner. However, I would be remiss in not acknowledging that building trust with and reliance on team mates, colleagues from other jurisdictions and my own partners in business have all positively contributed to the handling of my practice and developing and realising aspirations and achievements. The combination of my personal attributes and professional networks and support make my day-to-day rewarding and sometimes balanced. 

    You’ve developed extensive expertise in enforcing trade mark rights across Africa. What are the most significant legal and practical challenges you encounter, and how do you navigate them?

    The diversity of the African continent is to be celebrated, but that same diversity can make enforcement in Africa challenging. Historically, many African states were subject to colonial rule by different countries that resulted in the different states adopting varied languages, including indigenous languages, and different legal frameworks and considerations. Some states have also not adopted the typical international treaties, and their own local law and practice is unique to their territory. Cultural nuances which are also varied, can play a role in the interpretation of legislation and its enforcement. To date, therefore, diversity in language, culture and legal practice affect how I practise brand enforcement from one territory to the next. 

    The continent still suffers from a lack of resources and infrastructure in parts which makes obtaining information relevant to enforcement difficult. This has, however, compelled me to be more liberal and innovative in strategies for enforcement. 

    With brands expanding rapidly into international markets, how do you approach developing cross-border IP strategies that ensure robust protection while remaining compliant with diverse regulatory frameworks?

    As exciting as expanding into international markets is, it is also challenging. Crafting a cross-border strategy requires foresight and flexibility and my approach includes:

    • assessing the current level of protection and any gaps in protection;
    • prioritising the acquisition of protection in line with business goals and the risk to business from one territory to the next – which means understanding the target business well and collaborating closely with the IP owner;
    • considering the benefits of protection afforded by international treaties and how they are treated practically in each jurisdiction and weighing that against regional and national filing systems in Africa, if applicable; 
    • leveraging technology to afford brand owners watching services specific to Africa with early access to publications; 
    • staying abreast of developments in legislation and practice in each country and considering how those affect existing rights;  
    • leveraging our professional networks to liaise with local attorneys, who frequently knowledge-share and assist us in understanding whether the IP in question can be protected and enforced; and
    • developing and maintaining knowledge of regulatory frameworks outside of IP protection which affect the relevant business, and which dictate how we tailor the approach so that there is compliance with those regulations, too.

    Could you share an example of a particularly challenging matter you handled and how you successfully resolved it?

    The most challenging case that I have encountered is still ongoing. It is a matter with theoretically excellent merits in favour of the brand owner, but the matter has suffered due to archaic legal provisions and practices, unforeseen delays and external factors unique to the specific jurisdiction and outside of the control of the attorneys involved. That said, my view is that the matter will ultimately be resolved in favour of the brand owner, due to:

    • flexibility in our enforcement strategy; 
    • reliance on astute counsel that are knowledgeable in their fields and who have never veered from their solutions-orientated approach; 
    • keeping alive to developments in other cases and areas of law, which aid the progression of the case; 
    • managing the brand owner’s expectations as we work together towards achieving the desired business goal; and
    • offering high levels of client service and attention to detail, so that the brand owner can appreciate the value added even when the outlook seems bleak. 

    Technology is transforming IP practice worldwide. How do you see tools like AI influencing trade mark prosecution, monitoring, and enforcement in the African context?

    AI is re-shaping trade mark practice globally and Africa is no exception. I anticipate that the incorporation of AI tools for purposes of conducting clearance searches, better tracking of renewals and online platform monitoring for infringement and the like will become commonplace. AI tools now available are seemingly modelled on developed, western data bases and the ease of access that they promote. In Africa, there are, of course, difficulties with legal frameworks, infrastructure and the reliability of local Registry records, which may affect the training of AI models and therefore their roll out and relevance to practice in Africa. Within that, however, seems to be an opportunity for the development of localised AI models, perhaps even by African creators and tech companies, that promise more relevance to the legal landscape in Africa.

    Given your experience in advertising and IP regulatory compliance, what key trends or pitfalls should brand owners be mindful of when operating in Africa, especially with the growth of digital marketing?

    Africa has cottoned on to the digital marketing boom with a surge in influencer and video-content marketing. This trend presents exciting opportunities and complex legal terrain with many countries in Africa relying on outdated legislation and enforcement mechanisms, or not having legislation that regulates, for instance, influencer marketing. This means resorting to traditional legal remedies and forums to address advertising concerns, which is not ideal. However, there is an increasing trend of awareness about the IP challenges arising from digital marketing and many countries are making good progress in adapting their legal frameworks to better deal with these challenges. For instance, South Africa’s Code of Advertising Practice now includes a Social Media code and there is a direct link for communicating decisions from the Advertising Regulatory Board to Meta. In addition, Nigeria recently revamped its copyright legislation and founded an Advertising Regulatory Council to deal with advertising complaints. There has also been an uptick in the promulgation of data privacy legislation in many African states and cases before African regulators and courts dealing with privacy and personality rights infringements arising from digital marketing. These developments are testament, in my view, to African awareness of the need for sound regulatory frameworks and treatment of digital advertising and related regulatory concerns.   

    As a partner in one of Africa’s leading IP firms, what leadership principles guide your work? What advice would you give aspiring IP practitioners who want to build a successful career in this specialized field, particularly in Africa?

    The leadership principles enshrined in the core values of Adams & Adams are those which I live by, personally and professionally. Of particular importance to me are the values of Constant Improvement, Integrity and Ethics, People-centriticty, Teamwork and Respect and Innovation. 

    My advice for aspiring trade mark practitioners is to realise that ambition by growing and showing interest and knowledge in new developments in or relevant to IP law and aligning with like-minded individuals already in the legal fraternity, who can mentor you and lead you towards pursuing a career in the field. 

    Looking ahead, where do you see the greatest opportunities and challenges for brand owners in Africa over the next decade, and how do you foresee trademark enforcement evolving with economic integration and technological advancements?

    With the lack of legacy wealth and infrastructure in Africa, it seems that digitally and technologically aware natives will drive business trends and move business further away from traditional models to allow greater access to and awareness of their brands on a more global scale via, for instance, mobile-first ecommerce sites. With the advent of the African Continental Free Trade Area, which creates access to a unified market in Africa with reduced tariffs, it is expected that there will be a boost in cross-border brand expansion on the continent and promotion for African brand loyalty. These two developments present great opportunities for Africans and brand owners generally, but the advent of new technologies and a unified market also imply a surge in trade mark violations and ease of access to goods that may infringe legally protected IP. Enforcement strategies will be dictated to by these developments, and it is foreseeable that brand owners will need to re-prioritise protection for trade marks in countries not otherwise considered a high priority. It is also expected that policy makers will exert further pressure on governments to introduce legislation that conforms to the trends in business and caters for unconventional infringements. In the meantime, and until the law catches up with trends in commerce and technology, attorneys and adjudicators will need to be innovative in their interpretation and the implementation of existing legal frameworks in resolving disputes. 

    Get in touch with Kim Rampersadh –

  • “All lawyers are Super lawyers; thus no single lawyer is a Super lawyer.” – Ankit Rastogi, Partner at Mason & Associates.

    “All lawyers are Super lawyers; thus no single lawyer is a Super lawyer.” – Ankit Rastogi, Partner at Mason & Associates.

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

    What drew you towards the field of Intellectual Property law, and what were some of the early experiences that helped lay the foundation for your practice in this domain?

    First of all, thank you for connecting with me to share my story. I was quite intrigued by the name of the platform ‘Super Lawyer’. This reminded me of the film ‘The Incredibles’ wherein a character Syndrome says that if all humans will have super powers, none will be a Super hero. Similarly, in my view since all lawyers are Super lawyers, thus no single lawyer is a Super lawyer. Now coming to your question: 

    I think my interest in Cinema. I was initially drawn towards Intellectual Property as a practice area since I had a lot of interest in movies. I was highly inclined towards Copyright Law, since I wanted to understand how the film industry functions. 

    As far as early experience that helped me lay the foundation in this domain are concerned, the first litigation matter that I worked upon was a passing off suit. In that suit, over a period of time after filing the suit, Defendant had obtained registration of its trade mark and moved an application for amendment of written statement to plead its registration. At that stage, when I was too young (barely a month into the practice) I thought that the Plaintiff’s case was over since the Defendant had obtained a trade mark registration. At that stage, my then senior told me that registration of Defendant’s mark is of no consequence in a suit for passing off, which is maintainable even against a registered proprietor. He further asked me to read N.R. Dongre and Ors. vs. Whirlpool Corpn. and Anr.; 1996 PTC (16) 583 (SC) wherein apex Court upheld this position arrived at by Single Judge and Division bench of the High Court. 

    You argued a landmark case where the Delhi High Court, for the first time, ruled on the registrability of geographical names as arbitrary trademarks. Could you share your insights from the case that shaped the Court’s reasoning, and what do you believe are the broader implications of this decision?

    To be really honest, I don’t know as to whether it was a landmark decision or not.  However, Siddharth Suri vs Registrar of Trade Marks does give a guiding light for registration of geographical names as trade marks where the geographical name has been applied arbitrarily to the goods. In this case, the goods were ‘Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides, trunks and travelling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery’ for which ‘Andamen’ was not found to be having a goods-place association. Accordingly, the objection under Section 9(1)(b) that the trade mark designates geographical origin was not found to be attracted since Andamen (whether said to be taken from Andaman Sea or from the Andaman & Nicobar Islands) does not have a reputation for goods falling in Class 18. 

    The broader implications of the decision are that when one comes across a geographical name as a trade mark, they should not disregard its protection/registration just because it is a geographical name but analyze whether that geographical area has an association or reputation for goods for which it is sought to be registered/protected.  

    You advise clients across diverse sectors including FMCG, pharmaceuticals, liquor, book publishing, and e-commerce. Given the rapid growth of the pharmaceutical industry, what are some of the major legal and compliance challenges entities face in this space?

    I think as far as the pharmaceutical industry is concerned, the biggest challenge has been counterfeit products. For a consumer, who may consume these counterfeit products; disaster always lurks around the corner to make its presence felt. In other terms, the consumers are extremely vulnerable to life threatening consequences. I have, in the past, worked on multiple matters, both civil and criminal, where the Defendants/Accused produced identical drugs and it is not possible to identify the fake unless you get inputs from the team who worked on the packaging and in some cases research. The pharmaceutical industry is one of the most regulated industries; since it has to cater to safety and efficacy. Keeping this in mind, it obviously has to comply with safety and cleanliness standards, good manufacturing practices, disclosure of information and that too in line with labelling requirements. The major problem in the industry is fake drug racket, which may or may not be related to any Intellectual property and could be a completely new mark, where the ingredients told on the label will not even be present in the drug and the drug would have been sold or supplied clandestinely with no regulatory approval at all. 

    As a Partner, staying ahead of the curve is crucial. In your view, how effective have the current government initiatives been in streamlining the IP registration process? What further improvements in your opinion can be made?

    In recent times, I could think of four initiatives done at the level of the Intellectual Property office which are commendable. First, is the possibility of search of device trade marks, which has been facilitated online by the IP office. The added advantage of this feature is that depending on the device/image the tool also suggests the possible Vienna Code Classifications; which also aids in saving time.  

    Second, is the enablement of a queue system for various functions and displaying it online; a real time check for hearing, review applications and examination status; which enables an entity to know as to where it marks stands in the list of hearings before the trade marks office.  

    Third is the Open house sessions, the IP office does with applicants and stakeholders everyday from 4.30 PM to 5.30 PM virtually to address grievances or take suggestions on any issue related to Intellectual Property Rights. 

    Last is the ‘Notifications/Reminders’ feature on the e-filing page and the ‘Reminders’ feature on the E-Register Page; which enables one to see latest updates on their portfolio of applications, ensuring that no important update is missed. This saves a tremendous amount of time.  

    In my view, to ensure a smooth registration process; the first thing that should be incorporated is consistency and standard operating procedures; so that every applicant or stakeholder has a clear idea of the chance of their application getting accepted or rejected.

    You’ve worked on intermediary liability matters. How do you assess the evolving legal framework around platform accountability, especially in light of recent judicial decisions and amendments to the IT Rules? What are the core challenges in striking a balance between free expression and regulatory obligations?

    I think the intention is always to balance; that’s what in my view, any legislature or government exercising its legislative powers under the IT Act, 2000 looks at while keeping in mind the protection of the people and at the same time working out the economics. So, that’s the word. BALANCE!! – the evolving legal framework in the IT Rules, especially The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 [hereinafter ‘IT Rules, 2021’] indicates a tide towards control but the intent of that control is Balance; The amendments to the same in 2022 required the intermediary to make reasonable efforts so that content which is covered under Rule 3(1)(b) is, inter alia, not displayed on its platform. The intention is some sort of action; but the rule making body steers clear of indicating what sort of action (no pointers whatsoever) and leaves it as a subject of interpretation.  However, what are these ‘reasonable efforts’ or what could be some examples of these ‘reasonable efforts’; for that we get an indication from judicial decisions such as the recent decision in Indiamart Intermesh Ltd. v. Puma SE; 2025: DHC:4819-DB which indicates that one of the reasonable efforts for a platform could be that each of the sellers is aware of the requirement to not display counterfeit products and to ensure that they furnish an express undertaking to the said effect to the intermediary.  Apart from this, on reading of paragraph 92 of the decision, I think another indication of reasonable effort could also be not to re-list the same seller in respect of the same products whose listings have been taken down earlier. 

    As far as 2023 amendments are concerned; they appear to have been done majorly to have the online gaming intermediaries under a stricter control (as compared to intermediaries) , especially those online gaming intermediaries who enable the users to access any permissible online real money. A lot of compliance requirements under ‘IT Rules, 2021’ which were only applicable to a significant social media intermediary originally have been extended to online gaming intermediaries as well by virtue of the amendments done in the year 2023. 

    As far as your last question, I think the standard of morality/scandalous statements keeps shifting with every generation. The biggest challenge I believe is ‘viewpoint bias’ and the evolving nature of the society we live in. Thus, in my opinion there will always be shifting standards and that’s why this area of law will always be dynamic and never ending. In simpler terms, what may be kosher for one; may be outrageous for another and this will be perennial. So, it is extremely difficult to maintain that balance between free expression and regulatory obligations. 

    With such an enriching and diverse career, what initially inspired you to pursue law? What advice would you offer to law students and young professionals aspiring to build a career in Intellectual Property and litigation?

    I am an extremely lazy person when it comes to doing things for myself. I try to take the most convenient and easy route to navigate life choices. So, resultantly, the decision to pursue law was the length of the programme; five years. No worry after school for another five years. I thought in the beginning of the law school that may be after these five years; I will know what I need to do. However, post five years, I just went with the flow. In hindsight, I think I should not have done law. I could have explored a creative vocation where my thoughts could be disseminated freely (Obviously, subject to reasonable restrictions in Article 19).

    One of my advice to every aspiring professional in the field of Intellectual Property would be to be tech-savvy. To understand how content is being created these days. What are the terms of the AI platforms, which are used by us for content creation. Further, I would also recommend not to restrict their understanding of jurisprudence on intellectual property to India but analyze what is going on globally. In this decade already we are dealing with landmark decisions on intellectual property issues intertwined with technology utilised across platforms which have shown us issues which we could not have probably envisaged a few decades ago. Look at the issue that is challenging the use of content by AI platforms, ‘keyword advertising’, use of a mark in drop down menu at the back end to trigger a listing if one searches for those products on a platform, violations by virtue of deepfake technology etc. I mean, mirror websites and duping in the name of fraud schemes of investment or employment across the internet, fake domain names, domain name disputes are something that have become traditional violations of Intellectual Property and orders granting real-time injunctions are not being passed only in isolated cases.  

    So far as litigation is concerned, my advice has always been to be diligent and understand the background and the possible solutions through procedural laws. Litigation is not a predictable game; there are variables across stages in a matter – from inception to trial; from an ex-parte order till consequent appeals. One has to make a strategy giving all possible variables due weight. 

    Managing a demanding legal practice comes with its own pressures. How do you maintain a healthy work-life balance, and is there a personal philosophy or guiding principle that has helped you navigate your professional journey?

    To be really honest, I am unable to maintain a healthy work-life balance. Unfortunately, my matters, the ongoing developments in the fraternity, the need for being constantly updated & networking does not allow me to shut down/switch off. While my office is five (5) days working, the only time I think I am able to be completely at peace is when I sleep or I read. I read a lot, and have also in this process edited a few comic books. These are my only escapes apart from occasional films in theatres or at home. A lot of professionals, who might be really busy may say that they spend time with their families; switch off on weekends etc. Kudos to them!! I am never able to shut down. There is a constant barrage of thoughts in my head unless I am sleeping, reading or watching anything. I am constantly thinking of what needs to be done, are we on top of all our matters, has the team done all the compliances etc. There is a constant urge to ensure everything is under control and all bases are covered. This leads me to not have a work-life balance. 

    The only guiding principle that has helped me to navigate my professional journey is sincerity and time management. One has to prepare as much as they could for a matter while giving other matters also their due importance. One has to give every advice keeping all the ethical considerations in mind. I try my best every day to do and pull off a lot, sometimes much more than I actually can. Sometimes I succeed; sometimes I don’t. On days I succeed, I stay calm and think something constructive has been achieved. On the remaining days, I am just too hard on myself. 

    Get in touch with Ankit Rastogi –

  • “The most crucial skill for law students is strategic legal analysis combined with effective communication.” – M Abhijnan Jha, Partner at Lex Praxis.

    “The most crucial skill for law students is strategic legal analysis combined with effective communication.” – M Abhijnan Jha, Partner at Lex Praxis.

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

    What motivated you to pursue a career in law, and what inspired you to choose the B.P.Sc (Hons.) LLB (Business Law Hons.) program at National Law University, Jodhpur? Looking back at your law school years, what are some key experiences that have had a lasting impact on you?

    Growing up, I admired my father, a police personnel, whose commitment to justice and integrity deeply influenced me. Watching him serve the people with courage and dedication inspired me to pursue a career in law. Additionally, I was fascinated by courtroom dramas and legal stories portrayed in movies, which sparked my curiosity about the legal system and advocacy.

    I chose the B.P.Sc (Hons.) LLB (Business Law Hons.) program at National Law University, Jodhpur, because I was deeply interested in subjects like Political Science, Sociology, and Psychology. Their focus on understanding human behavior, societal dynamics, and governance aligned perfectly with my passion for law and justice. This interdisciplinary approach not only matched my interests but also provided a strong foundation for pursuing a career in law. During my law school years, participating in moot courts, insightful internships, and collaborating on research projects helped me develop strong analytical and advocacy skills. These experiences, combined with my early inspirations, shaped my approach to solving complex legal challenges.

    How did your early experiences at A&A Law Office, particularly in corporate and project finance, contribute to shaping your understanding of joint ventures, regulatory frameworks, and due diligence in commercial transactions?

    My early experiences at A&A Law Office played a crucial role in shaping my understanding of joint ventures, regulatory frameworks, due diligence, and intellectual property in commercial transactions. As it was a small law firm, I was involved in a wide range of legal work, from corporate and project finance to intellectual property matters. This exposure taught me how to assess risks, navigate complex regulatory requirements, and ensure IP protection. These experiences provided a solid foundation for strategic legal advisory and commercial law dynamics.

    How has your expertise in intellectual property law influenced your corporate advisory work, particularly when handling trademarks, copyrights, and design matters? What are your thoughts on the future evolution of intellectual property rights in the coming years?

    My expertise in intellectual property law has significantly influenced my corporate advisory work, especially when handling trademarks, copyrights, and design matters. It enables me to provide strategic guidance on brand protection, licensing, and enforcement, ensuring clients’ intellectual assets are safeguarded while maximizing commercial value. This knowledge also enhances contract drafting, due diligence, and risk assessment in corporate transactions. 

    Additionally, being a member of some of the world’s most prestigious organizations, such as the International Trademark Association (INTA), International Association for the Protection of Intellectual Property (AIPPI), Asian Patent Attorneys Association (APAA), and World Intellectual Property Forum (WIPF), has significantly contributed to my professional growth. These memberships have provided valuable opportunities to engage with global legal experts, stay updated on international IP trends, and expand my professional network. They have also enhanced my strategic insights and knowledge, enabling me to offer well-rounded and globally relevant legal advice.

    Looking ahead, I believe the rapid growth of digital commerce and emerging technologies like AI and blockchain will redefine IP rights. This evolution will demand adaptive legal strategies, international collaboration, and enhanced regulatory frameworks to address complex cross-border IP issues.

    Drawing from your experience in the real estate sector, what were some of the most difficult aspects of drafting and negotiating construction contracts and joint development agreements?

    Drawing from my experience in the real estate sector, some of the most challenging aspects of drafting and negotiating construction contracts and joint development agreements involved navigating complex regulatory compliance, risk allocation, and aligning the interests of multiple stakeholders. Ensuring clear terms on project timelines, payment structures, and liability clauses required meticulous attention to detail. Additionally, balancing legal safeguards with commercial feasibility while managing client expectations demanded strategic negotiation skills and effective communication. These challenges enhanced my problem-solving abilities and contract management expertise.

    Could you describe one of the most challenging cases you’ve handled so far and share your approach to navigating the complexities involved in that case?

    One of the most challenging cases I handled involved complex intellectual property litigation with cross-border implications. It required navigating conflicting jurisdictional laws and strategic enforcement of trademark rights. To manage this, I conducted in-depth legal research, collaborated with international counsel, and crafted adaptive litigation strategies to protect client interests. I focused on proactive risk management and effective communication to resolve disputes efficiently. This experience reinforced the importance of strategic foresight, agility, and resilience in high-stakes legal matters.

    What are some of the major challenges that businesses in the real estate sector are facing today? Additionally, how has the role of arbitration and other alternative dispute resolution (ADR) mechanisms evolved in this sector?

    Businesses in the real estate sector today face challenges like regulatory complexities, fluctuating market dynamics, land acquisition disputes, and financing constraints. Navigating compliance with environmental laws and urban development regulations also adds to the complexity.

    Arbitration and other Alternative Dispute Resolution (ADR) mechanisms have become increasingly popular in this sector due to their cost-effectiveness and faster resolution compared to traditional litigation. ADR provides flexibility, confidentiality, and specialized expertise, making it a preferred choice for resolving real estate disputes efficiently.

    As someone who has played a pivotal role in high-stakes cases as both a Partner and Counsel, what do you think is the most crucial skill that law students should focus on developing to succeed in the legal field? Also, are there any resources you would recommend to help them stay updated on legal trends and developments?

    The most crucial skill for law students is strategic legal analysis combined with effective communication. They should also develop negotiation skills, adaptability to emerging technologies, and resilience in high-pressure situations. Writing articles, case notes, and thought leadership pieces not only sharpens analytical abilities but also enhances visibility in the legal community.

    I have authored over 20 publications in reputed journals, which has significantly contributed to my understanding of complex legal issues and trends. To stay updated on legal trends, I recommend using LinkedIn for networking and industry insights. Resources like CiteCase, Bar and Bench, Live Law, Manupatra, and College Law Review Journals provide comprehensive legal updates, case analyses, and emerging legal issues. Engaging with these platforms helps build a strong foundation and keeps one informed about the latest legal developments.

    Given the demanding nature of your professional commitments, how do you manage to strike a balance between your work responsibilities and personal life?

    Balancing professional commitments with personal life is achievable through strategic time management and leveraging technology. I have automated my legal processes and maintain a paperless office, enabling me to work efficiently from anywhere as a mobile lawyer. This flexibility allows me to manage tasks on the go while staying organized and responsive. By embracing digital tools and maintaining a disciplined schedule, I maximize productivity while also ensuring time for personal well-being and family, achieving a harmonious work-life balance.

    Could you kindly share the insights and experiences you’ve gained throughout your entrepreneurial journey?

    In addition to my legal career, I have always been passionate about entrepreneurship. I founded InCourt News in 2015, which gained recognition as one of the best mobile applications to have, featured in various magazines for its innovative approach to legal news delivery, and was later acquired by a legal marketplace. I also ventured into the skilling sector with “Skill Funds,” founding startups aligned with the Skill India Mission, aimed at empowering youth with industry-relevant skills. These experiences have enriched my leadership abilities, strategic vision, and problem-solving skills, complementing my legal expertise with an entrepreneurial mindset. Currently, I am running my law firm, Lex Praxis, leveraging my diverse experiences to provide strategic legal solutions.

    Get in touch with M Abhijnan Jha –

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    Get in touch with Gaurav Miglani–

  • “IP law is not just limited to conventional ideas of trademarks and copyright”- Anooja Padhee, Senior Associate at K&S Partners, Intellectual Property Attorneys

    “IP law is not just limited to conventional ideas of trademarks and copyright”- Anooja Padhee, Senior Associate at K&S Partners, Intellectual Property Attorneys

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

    Can you share your journey into the field of law, particularly focusing on what drew you to specialize in intellectual property law?

    My interest in intellectual property developed in my third year when we were first taught ‘Trademark and Copyright law’. I found the subject to be interesting and relatable, as it dealt with brands and ideas that I would come across and use in my day to day life. Soon I found myself looking for the TM or ® symbol on top of brands on hoardings or while using products and wondering whether use of a song in a TV series or a similar tune or idea was copyright protected. 

    In law school, besides focussing on IP related projects for my curriculum, I also participated in an IP moot. 

    To explore this interest further and to understand what a career in IP could entail, I went on to do a few IP internships at Singh and Singh and K&S Partners. At both these places I worked on ongoing cases across various subject areas including trademarks, copyright and patents, which further helped me understand various legal concepts and their practical application. 

    With all this, early on, I realized that this was a subject that I enjoyed and found interesting and that I wanted to make a career in it.

    With over a decade of experience, you’ve likely encountered a diverse array of cases in trademarks, copyrights, and geographical indications. Could you tell us about a particularly challenging case you’ve handled and how you navigated it?

    My work primarily revolves around a diverse array of brands and their protection. It is difficult to talk about a single case as each case comes with its own unique set of facts and challenges, which require you to devise customized strategies that may not work in other scenarios. 

    Where it often gets tricky for international brand owners is when rogue Indian parties adopt, apply and use brands that are popular internationally but are not in use in India. India being a common law country, use of a brand precedes its registration with the trademark registration authorities. For example, brands such as Macy’s or Hulu or Skims, are not in commercial use in India but are known to a large portion of the Indian consumer base due to exposure to western movies, TV series and social media. Under Indian law, if an Indian party were to use and apply for such brands in India before the actual brand owners, they could potentially block or raise issues for the launch of the genuine brands in India in future. Such a scenario is problematic as companies invest thousands of dollars to launch a brand in India and stand to potentially get injuncted from using their own brands. 

    To navigate such issues, brand owners have to inter alia submit documentation to show that their brand was well known in India on the date of adoption by the Indian party. This is often difficult as the burden of proof is fairly high. Also not all companies maintain sales or publicity records going back several years. As a trademark lawyer, I have worked with several clients to assess their options in the face of risk of being sued, and helped find efficient, bespoke, and commercially viable solutions in such cases. 

    A niche subject area that I have had the opportunity to work on is that of geographical indications. There are not too many firms in India that have expertise in the field as the subject has various angles and legal intricacies that are still widely unexplored and for which there is no settled legal position. However, my mentors at K&S Partners have been extensively involved in the registration and protection of numerous Indian and foreign GIs, both at a legal and at a policy level. Due to this, I have had the rare opportunity to closely work with several such Indian and foreign GI right holders and stakeholders and advise on unique issues that have far reaching domestic and international consequences.

    As someone deeply involved in managing IP portfolios and brand strategies, what strategies have you found most effective in protecting your clients’ intellectual property rights, especially in such a competitive market?

    When devising an appropriate strategy for a client, few basics are key- such as the business they are in, how aggressively they wish to promote, how litigious they are and most importantly, what their existing rights are. As mentioned before, maintaining, and producing relevant documentation showing commercial use in India is imperative. Such documentation is vital to establish the rights of parties. 

    Secondly, when a new brand is being launched in the market, it may also be relevant to conduct a thorough check of the Trademarks Register and the market to ensure that there are no existing brands that are similar or identical. This simple pre-emptive measure helps clients identify risks in advance and prepare for a potential action. Similarly, we also advise clients on the strength of a brand from a protection and enforcement point of view. For instance, if one were to use ‘apple’ for a food item, it would be considered non-distinctive and/ or descriptive. However, ‘apple’ for electronics, is a distinctive brand. 

    Thirdly, it is important for clients to conduct market surveys and conduct other checks to identify copycats/ infringers and take appropriate action against them. If action is not taken and infringers are allowed to co-exist, it may eventually lead to dilution of the brand making it common to the trade. This is also equally applicable to geographical indications. In India, we come across numerous names that have been accorded GI status. However, post registration, there is little to no enforcement or quality control of the products bearing the GI tag. In due course, this will lead to the GI losing to have any commercial significance and it may end up becoming generic. 

    Your work spans across various industries, from FMCG to pharmaceuticals. How do you adapt your legal strategies to suit the unique needs and challenges of each industry?

    An understanding of the industry in question is important while devising a legal strategy. Depending on the industry and the needs of the client, we look at how long a particular brand will be in use in the market and what is the level of investment that the client is making for it. This gives an idea of the kind of risk the client may be willing to assume. Some clients are very keen on adopting a specific brand and are willing to take the risk that may come with its launch and use. On the contrary, sometimes they give us multiple options and seek an assessment of which would be the most risk free. It depends on how risk averse or aggressive the client is.

    When it comes to industry, FMCG and F&B clients usually launch sub-brands for a short period of time that may be for a promotional event during the festive season. In such cases, separate assessments for use and registration of a brand may be given, also keeping in mind the brand placement and packaging. Automobile or clothing companies, on the other hand, usually have one main brand and their primary intent is to enforce their rights in the brand and protect it. While they may adopt a few ancillary brands sometimes, these instances are comparatively fewer. For pharma brands, clients mostly derive extensions from the name of the main salt in the product, which may be difficult to protect in some cases. This is because no monopoly can be claimed in the name of the salt.

    Given the constantly evolving nature of intellectual property law, how do you stay updated with the latest developments and trends in the field?

    From a registration point of view, I keep myself updated with the practices of the Trademarks Office to understand the objections being raised by them and the timelines being followed by them. The kind of stands being taken in hearings and the orders being passed are kept in mind. One also needs to keep track of the notifications and public notices that are issued by them. 

    From a strategy point of view, I go through the articles published on SpicyIP, like almost every IP lawyer! When I find an article particularly interesting or believe that it may be applicable to our day to day working, I go through the case law to properly understand the reasoning being adopted by the Courts. I have recently started writing about such cases, which requires a further deep dive into the legal proposition. Such research is also done while providing opinions to clients to ensure that the advice being given is up to date and accurate. 

    Lastly, our team members try to meet on a weekly basis to discuss the relevant cases of a particular week and to bounce off ideas and consider their applicability in our matters. 

    Managing projects with tight deadlines and high volumes requires a great deal of efficiency. Can you share some insights into your approach to multitasking and maintaining quality in deliverables under pressure?

    First and foremost, as IP work is deadline centric, maintaining deadlines is crucial. In the office, we have an ERP system which sends a reminder a few days before and on the day a matter is due. In addition to that, I also maintain deadlines and reminders on Outlook, for matters which I or any of my associates are delivering. This not only ensures that no matter is missed out, but also helps me make sure that incoming and outgoing matters are attended to timely.

    It also helps to maintain a priority-based to-do list. The most time sensitive and urgent matters get first preference and so on and so forth. Also being in a managerial and supervisory capacity, I rely on associates and support staff to make sure that matters are smoothly and timely attended to. Efficient allocation of resources, by identifying the strengths of each team member, assessing the complexity and urgency of the matter at hand, is key. It is imperative to have open communication channels with the team so that a collaborative approach may be taken, without micromanagement. Setting realistic deadlines after discussion with the team and being clear with the client regarding their expectations and requirements goes a long way. For complex matters, I usually first discuss the strategy with the team, and then review the final advice/ draft being sent to the client, to ensure that all relevant points have been covered. For other matters, a review may not be needed after a discussion, unless of course a team member wants their draft to be looked at by a second set of eyes. I also discuss legal propositions and opinions with my peers and mentors to get their ideas and to provide a well rounded opinion which considers all possible angles.

    Most importantly, one needs to take ownership and responsibility of their work and strive to put in their best efforts to get the best work product. 

    Finally, what advice would you offer to law graduates aspiring to specialize in intellectual property law, based on your extensive experience in the field?

    First and foremost, read! The more you read, the better your understanding will be. IP law is not just limited to conventional ideas of trademarks and copyright. Given the prevalence of social media and extensive amounts of content being circulated, there are various interesting and unique propositions that come up that have not been explored in the past. The challenges of IP in the metaverse is one such example. Because of the Make in India campaign of the government, we are seeing a huge surge in IP protection, including in related fields such as data protection and media law.

    Another suggestion would be to intern with a few IP law firms or with IP teams of full-service law firms. There is a vast difference between theoretically learning the law in law school and applying it in cases in practice. An internship is the best way for law students to get exposure to the practical aspects of IP law.

    Get in touch with Anooja Padhee-

  • “As an in-house counsel, you are not just a legal advisor but also a strategic partner to the Business.” – From Litigation to Leadership, Niyati Ojha, Legal Counsel at HP Inc.

    “As an in-house counsel, you are not just a legal advisor but also a strategic partner to the Business.” – From Litigation to Leadership, Niyati Ojha, Legal Counsel at HP Inc.

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

    Your journey from being an Intellectual Property Counsel in law firms to your current role as Legal Counsel at HP Indiac. is quite impressive. Could you take us on a brief tour of your career path, highlighting key milestones and what inspired your transition to the diverse legal roles you’ve undertaken?

    To say the least, the journey from an Intellectual Property Lawyer to that of an In-house counsel has been dramatic with various challenges during the transition. Being a lawyer has always been my aspiration and I had decided quite early on that I wanted to be a lawyer. I went through the same grunt of attending coaching sessions for the law entrance exams, getting into one of the prestigious colleges in the country and starting my legal career. Just like any other freshly graduated lawyer, I started my career as a litigating lawyer and realized early on that litigation is not my cup of tea. This was a huge setback as I was sure that I wanted to be a lawyer. With this inability to fit myself in the litigation landscape, came self-doubt and a fear that maybe I took the wrong choice. I was at crossroads, where at one side I believed I was inept, and the other was a constant nigger within me that I am at the right place. It’s important to recognize that setbacks and doubts are natural parts of any career journey, but it is also important to remember that the legal profession isn’t limited to only litigation; rather offers a wide range of roles and specialities and finding the right fit often involves exploration and experimentation. This realization and acceptance are a valuable insight that guides you towards a more fulfilling career direction.

    At that point, I started exploring my other options in the legal profession and came across the practice of Intellectual Property Rights. When I started my role as an IPR lawyer, I had no clue on the depths and potential of this subject. The significance of Intellectual Property Rights was not completely recognized by companies and as IPR lawyers, we often found ourselves at the intersection of law, technology, and business, helping companies protect their intangible assets. The scope was not limited to just providing legal advice but played a crucial role in educating clients about protecting their intellectual property rights and the potential benefits it can offer in terms of innovation, competitiveness, and revenue generation.

    As a next step, there was a need to challenge myself and break out my comfort zone despite being a settled IPR lawyer. Transitioning to an in-house counsel role undoubtedly presented new challenges, especially with the lack of experience in handling compliance of a company, but the trick was to approach this challenge with courage and determination. Moving from a specialized role to a broader role required adaptability, willingness to learn and the ability to grasp new concepts and responsibilities all of this while parallelly handling internal conflicts like self-doubt and imposter syndrome. I tag this transition as one of the toughest phase of my professional journey but embracing new challenges and stepping out of one’s comfort zone is often where the most significant growth occurs, and I believe I have embraced this mindset wholeheartedly.

    In your role at HP Inc., you’re involved in day-to-day operational work and deal support across different Business Units. Could you give us a glimpse into your daily work routine, highlighting key aspects of your responsibilities and the challenges you often face in managing the legal aspects of the company’s operations?

    As an in-house counsel, you are not just a legal advisor but also a strategic partner to the Business, and the role extends beyond providing legal advice to actively contributing to the company’s success and growth. The dynamic nature of the business environment means that your day-to-day responsibilities can vary widely, and you must be prepared to adapt quickly to changing priorities and unforeseen challenges. Unlike a law firm setting where tasks may be more structured and predictable, as an in-house counsel the need is to be more flexible and responsive to the needs of the Business.

    The key aspect is to understand not just the legal implications of decisions but also the broader business context in which those decisions are made. This requires an in-depth understanding of the company’s goals, operations, and industry dynamics as well as the ability to balance legal considerations with practical business realities.

    Balancing the needs of the Business with imperative legal compliance is indeed a common challenge for in-house counsels. It is natural for the Business to prioritize growth, innovation, and profitability but it is the responsibility of the in-house counsels to ensure that these objectives are pursued within the bounds of law and ethical standards. When Businesses express frustration about legal constraints hindering their operations, it is important for in-house counsels to engage in open communication and foster a collaborative approach. One important aspect that can help to ease this balancing act includes collaborating early on, by being proactive instead of reactive, in-house counsels should encourage the Business to engage with legal counsels early in the planning stages of the projects or initiatives. Through this, legal counsels can help identify issues upfront and ask the business to address these challenges promptly. Another important consideration for in-house counsels is to provide practical solutions. Instead of simply saying “no” to business requests, in-house counsels should work with stakeholders to find creative solutions that achieve their objectives while mitigating legal risks. This also involves structuring documentation and transactions in such a way that minimizes legal exposure or implementing compliance procedures that streamline operations without sacrificing legal integrity. This helps in navigating business needs with legal compliance and fostering a collaborative environment where both objectives can be met harmoniously.

    Beyond your corporate role, you’re actively involved in education and mentorship. How do you balance your professional commitments with your passion for teaching law to aspiring students and guiding underprivileged students toward career opportunities?

    I am deeply committed to the cause of education and have a strong belief in its transformative powers. I look at it not only as a means of personal advancement but also as a tool for societal progress and change. The role of mentors and teachers has evolved in the present day. With the proliferation of information and access to diverse perspectives, students are more empowered to question and engage in critical discussions with their mentors. This shift presents an opportunity for mentors to adapt to the modern approach. Emphasizing realistic examples and connecting theoretical concepts with practical scenarios is indeed crucial for students to understand the relevance and applicability of their curriculum.

    Balancing professional commitments with a passion for teaching can be surely challenging, but dedication towards this cause is the driving force. The passion of bringing about change, and not something at a large level but a perspective that even influencing one person’s life can have a ripple effect that creates a bigger positive change. This mindset stems from an understanding of the power of education to transform individuals and communities.

    It is important to acknowledge the sacrifices and challenges that come with juggling multiple commitments, but the moments of fulfilment and gratitude, such as when a student expresses appreciation, makes it all worthwhile. These moments serve as a reminder of the profound impact that educators can have in the lives of their students. Having a strong support system is invaluable in navigating the demands of both professional life and continuing one’s passion. There have been instances where I have worked for all 7 days a week, it is in those moments when you feel if you’re doing the right thing. My family has been my strongest support system. While I have been away, they have managed everything at the backend. I feel extremely privileged and grateful to have such a support system, which I am mindful that many people do not have. It is important to recognize that not everyone has access to the same resources and support networks and acknowledging this privilege imbibes empathy and a commitment to create opportunities for others.

    Having worked in law firms and now in a corporate setting, what are the key differences you’ve observed, and how have these differences shaped your approach to legal counsel at HP Inc?

    While both law firm and in-house counsel roles involve practicing law, the focus, scope, and dynamics of work significantly differ. Their priorities and perspectives can differ significantly due to their position within the organization. In fact, each role offers unique opportunities and challenges, shaped by the context in which they operate and the priorities that they must consider. It all depends on the lens that you are looking at the problem with. In-house counsels generally have a unique opportunity to immerse in the legal and operational aspects of a single organization in a specific industry, contributing directly to its growth, whereas law firm lawyers have a varied experience bucket. This immersion allows them to develop a comprehensive understanding of their company enabling them to provide support that is tailored to the specific needs and objectives of their company, with a focus on driving business success while ensuring legal compliance and mitigating risk. This often involves finding practical, business-friendly approaches to legal challenges that enable the company to achieve its objectives while managing risk effectively.  In addition to providing legal guidance, an in-house counsel is involved in strategic planning, risk management, contract negotiations, regulatory compliance, and of course crisis management. Ultimately both in-house counsels and law firm lawyers play critical roles in the legal profession, each offering substantial contributions and perspectives. Whether working internally for a single organization or externally as part of a law firm, the ultimate goal is to provide effective legal support that helps their clients achieve their objectives while navigating legal complexities.

    Your written contributions have been featured in reputable publications like the Law Asia Journal, Lexology, and Jurisonline.in. Can you share your thoughts on the importance of sharing legal knowledge and insights through such platforms?

    Absolutely. Sharing legal knowledge and insights is not only a responsibility of a legal professional but also an important aspect of the legal profession. Knowledge sharing encourages collaboration and learning. By sharing experiences, insights, best practices, legal professionals can learn from each other, expand their expertise, and improve the quality of legal services. This is imperative for personal development as it allows the professionals to stay updated on emerging trends and strategies, which is essential for maintaining competence and excellence. It also ensures accessibility. By making resources readily available, legal professionals can level the playing field and ensure that knowledge is shared in a clear, concise, easily understandable manner to a diverse audience. Leveraging technology and digital platforms can enhance the accessibility of legal knowledge sharing initiatives. Online platforms, websites, and mobile applications can make legal information readily available at any time and anywhere making it easier for individuals to access information, regardless of their background or circumstances. However, this works like a double-edged sword, as it can lead to misinformation and confusion if not managed carefully. By promoting trusted sources, providing education and guidance, and engaging in public education efforts, legal professionals can contribute to ensuring that individuals have access to accurate legal information and are better equipped to navigate legal issues effectively.

    Winning the Presidents Club Award at HP is a significant achievement. Can you tell us about the project or accomplishment that led to this recognition and how it contributed to your growth as a legal professional?

    Winning the HP Presidents Club Award has been a humbling experience for me. This Award is not limited to a specific project, but the overall support provided to my company. Recognitions like these serve more than just a trophy or accolade but a reminder of the meaningful role that I play in the company’s overall journey. I believe that success in any endeavour is rarely achieved in isolation, and it takes an army to win an accomplishment. My little army has significantly contributed to my success. This Award reinforces the impact of my efforts and fuels motivation to strive for even better. I would say, stay curious, embrace change, and remain open to new possibilities. Continue to challenge yourself, step out of your comfort zone and pursue your aspirations with passion and determination. Success is a journey and each achievement, like this Award is a milestone along the way. It’s good to celebrate your accomplishments, but also stay focussed on the path ahead, seeking new ways to learn, grow and make a positive impact.

    Balancing a demanding legal career and your commitment to education can be quite intense. What’s your favorite way to unwind and recharge outside of work, and how do you prioritize self-care in your busy schedule?

    In the hustle of managing a legal career and passion for education, prioritizing self-care often takes a backseat. However, it is essential to recognize that self-care is crucial for maintaining well-being and effectiveness. Practicing self-compassion by being kind to yourself is non-negotiable. Curling up with a good book is one of my favourite ways to unwind and escape into another world. Reading allows me to relax, learn and expand my horizons. Spending quality time with my family and friends is incredibly important to me. Whether is it catching up for coffee or going for a holiday, connecting with people keeps me energized. I am not a proactive traveller kind, who can make spontaneous plans. I realize this and plan holidays in advance. This also helps me to establish clear boundaries. When I am away on a holiday, I aim to completely detox from work and teaching. This leads to a more fulfilling and rejuvenating break, allowing me to return with renewed energy and focus.

    Considering your background in law firms, corporate organizations, and advocacy, if a law student has the opportunity to choose between interning at a law firm, with an advocate, or in a corporate organization, what factors should they consider, and what would be your recommendation based on their career goals?

    I get this question quite often and from my personal experience and I can say that there are several factors to consider while considering internship opportunities. Being a first-generation lawyer, I did not have guidance on what would be the ideal combination of internships that would kick start my legal career, which now, in retrospect, I believe has been a blessing since it allowed me to explore multiple opportunities and learn along the way. I made mistakes, learnt from them, and grew.

    During interning years, it is very important to concentrate on learning and mentorship. Law students should look for internship opportunities that offer mentorship and hands-on learning. Consider if the internship opportunity is giving a chance to the student to work closely with an experienced lawyer who can provide guidance and support in their professional development. I cannot stress enough on the importance of having a good mentor.

    Law students often enter their studies with a broad interest in the field of law but may not have a clear understanding of which specific practice area or industry they want to professionally pursue. In such cases, seeking internship opportunities that provide exposure to multiple fields of the legal profession can be an excellent way to explore different areas of law and gain valuable insights into various practice areas and industries. This can help students make more informed decisions about their future career paths and focus their efforts on areas of law that align with their interests and strengths. Furthermore, exploring diverse internship opportunities can also help students build a versatile skill set, and develop critical thinking and problem-solving abilities. Overall, I would say that law students should not limit themselves to choosing just one internship opportunity but should strive to gain a full 180-degree exposure by exploring multiple fields of the legal profession during their college years.  By doing so, students can maximize their learning and growth opportunities, expand their professional networks, and lay a solid foundation for a successful and fulfilling career in law.

    With your experience in the legal field, especially in technology law, what advice would you give to the current generation looking to pursue a career in law, particularly in the rapidly evolving tech industry?

    The tech industry is constantly evolving and its intersection with legal profession presents both opportunities and challenges. Many technological advancements have legal implications across various areas such as data privacy, cybersecurity, intellectual property, e-commerce, and digital rights. As technology advances, it gives rise to new legal issues and challenges that may not have been previously anticipated which paves way for new regulatory frameworks to be established to address the emerging challenges. Embrace innovation and adaptability as essential qualities for success in the rapidly evolving tech industry. Be open to new ideas, approaches, and technologies. Gain hands-on experience by working on tech-related legal matters, drafting contracts, conducting legal research, and advising clients on technology-related issues. This practical experience can be gained through internships, clerkships, or summer associate positions at law firms, tech companies, government agencies, or legal tech startups.

    With massive changes in the tech industry, it helps to attend industry conferences, workshops, and networking events to connect with thought leaders and innovators in the field.

    Staying updated and proactive with the current trends is crucial for the generation looking to pursue law and the legal professionals alike. It enables to better serve their clients, adapt to changes in the legal landscape, and stay ahead in an increasingly technology-driven world.  In today’s digital age, candidates with tech-savvy skills and knowledge are prioritized.

    Get in touch with Niyati Ojha-

  • “Believe, and the rest will follow,” anticipating the future intersection of law and technology. Gain insights into how the U.S. experience broadened his perspective and depth of knowledge, setting the stage for a distinguished career in IPR – Amit Panigrahi, Partner Designate at Luthra and Luthra Law offices

    “Believe, and the rest will follow,” anticipating the future intersection of law and technology. Gain insights into how the U.S. experience broadened his perspective and depth of knowledge, setting the stage for a distinguished career in IPR – Amit Panigrahi, Partner Designate at Luthra and Luthra Law offices

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

    Your journey into law seems to have had a unique choice between following in the family’s medical footsteps or venturing into law. What inspired you to break the mold and pursue a career in law, especially as a first-generation lawyer in your family?

    Well, choice was indeed interesting but for me the satisfaction of being a well-rounded professional was the first priority. . It was difficult to choose from either of two, but law attracted me because of the respect for knowledge it gave and since it was less explored at that time (2005). The more I read the law books to know about the subject, the more I was sure that I wanted to now pursue it. Being the First-Gen lawyer in the family, it also took some field work and guidance and so became my early mentor, Mr Fali S. Nariman. That’s when it was all clear! 

    You pursued an LL.M. in Intellectual Property from Benjamin N. Cardozo School of Law in New York. How did studying in the U.S. influence your perspective on intellectual property law, and did it bring any unexpected adventures?

    My pursuance of LL.M and where to do it from was very clear, U.S. and from Cardozo. The U.S. was a forum less explored for a Masters in such a niche branch of Law. I was lucky to have cleared a couple of more universities in the US and also in the UK, but choosing Cardozo was completely based on the faculty that was teaching IPR, at the time. So, to answer if studying in the U.S. influenced my perspective on IPR- yes, it did and it broadened my horizons and provided me the depth of knowledge  I think I would have wanted before entering this domain. I still thank my stars that I chose the right opportunity at the right time because jumping from a 5 year long hardcore litigation background to pursuing my masters in IPR, was a leap of faith that fared me well. Even at the time, I knew that unlike many, I would still want to come back to my roots – India and forge my path in Corporate world. The belief to achieve propelled me  into this unexpected adventure, of diving into the unknown, with the only clarity being that I wanted to carve my path in IPR and become a subject leader in the times to come..

    Given your focus on technology and trademarks (IP), where do you see the intersection of law and technology heading in the next decade, and what challenges or opportunities do you anticipate? 

    Technology and Trademarks have actually been going hand to hand since their inception and as such exhibit interdependency. It is only recently that collectively they grabbed the limelight around 2020, the era of technological revolution. Technology has evidently become a basic necessity of today’s time, from a mere zoom call to the most complex of workplaces function on the basis of it, every second of every day. For example, today we could anticipate and analyse the balling/ batting technique of each player in the World Cup in such great detail as compared to even 2010. At  such a time, IP is the armour to such technology, to protect it from being misused. I say IP because, it will not just be trademarks, but other aspects i.e. Copyright, Patent, Design, Data Protection too. This does open a lot of opportunities for the legal IP industry, since it is a very interesting and creative field wherein IP is needed in almost every type of work/industry. I will also not negate the fact that opportunities come with their challenges, called “misuse” by common-man and “infringement” by us. Look at Artificial Intelligence (AI), other that it gives an opportunity of profit to the industry with its sheer dynamic usage but it is also a massive threat as in many cases it essentially copies  image, work, or other IP to that nature, making it difficult to protect the privacy rights of an individual or a copyright of a literature work. That’s the charm & harm of Technology and IP. 

    Aside from your legal prowess, you’ve been part of projects representing the music and entertainment industry. How does your passion for law intersect with your interest in these creative fields, and have there been instances where your legal expertise met the world of music and entertainment in unexpected ways?

    Oh yes, that’s the beauty of IP. I have had my interest and liking for music from a young age. As we know it well, India’s entertainment industry is one of the biggest, globally. So, having to mitigate my profession with something I liked was a cake walk. It all started at Luthra and Luthra, when I was introduced to one of the biggest production houses in India leading to connecting with the who’s who of the Industry, helping protect their work rights to royalty rights, kept on webbing me into it and hit a different high note. The exciting part of this is to work around the intricacies of every part of the entertainment industry, be it the agreements before starting of film or concert to how we strategize to protect the rights of the Artists from being misused. It does keep you excitingly engaged through and through. 

    You’ve worked on a range of cases, from pharmaceutical disputes to trademark infringement. What’s the most unexpected or fascinating aspect of your work that people might not be aware of? 

    I think that would be, getting to have fun while working, which is a rarity for a lawyer. IP is a diversified as well as creative field but to derive pleasure in being an IP Lawyer is probably a luxury that you gain only if you grip it at the right moment.  Also, I love the travelling part of it, going for on-site inspection  to even meeting a client just to hear how they established their creative work, and the challenge thereafter to figure out the best way to protect the Intellectual Property rights so that credit is gained where it is due. This is one property, which is not physically present but holds a value equivalent or in some cases more than  a physical one. 

    If you could trademark one word or phrase to represent your approach to law, what would it be and why?

    “Believe! and the rest will follow”. This is in relation not just to Law but to every aspect I dealt or deal with, I think having conviction  in what you are doing and doing it thoroughly, the rest/outcome will follow exactly how you intend it to happen. 

    Beyond the courtroom, you have a diverse practice that includes advising on business transactions, licensing, and even franchising. How do you balance the structured legal world with the entrepreneurial spirit required in these areas? Also, on a lighter note, what’s your favorite way to unwind from the demands of a busy legal practice?

    These two are simply two sides of Law and each functions hand in gloves with others. For me it is like reading two subjects – one is the practical side of Law and the other is theoretical. I think this was embedded in me since School, because very few know I was a science student and we all know the “practical, lab tests” and the “theoretical/theory test” phase. I enjoyed doing it then and I enjoy giving time to both now. But yes, sometimes, the entrepreneurial/business transactional part throws you off the track because commercial goals may or may not always be in alignment with the law and that’s where the trick of the trade lies. The fun part is, finding and figuring out strategies and coming up with the best legal solution for your clients. In the end, I think that’s what I look at, the satisfaction to see your client happy and trust they bestow on you.

    Unwinding myself from law is simple for me – I am an auto-enthusiast and a swimmer, so a long drive with friends and/ or family and silent/quaint time coupled with a few laps in the pool does the job. 

    You’ve evolved from a junior associate to your current role. How has your approach to handling legal matters changed over the years, and what advice would you give to young lawyers starting their career in Intellectual Property law?

    This journey of a first-generation lawyer/junior Associate at Luthra and Luthra till today, holding the current Position as Partner has its way of teaching the ups and downs of the subject. I learnt in every step, be it basics like running with a senior holding the files, sorting out documents with the clerk, filing of a matter, to bigger responsibilities like interacting with a client to closure of a deal or securing a favourable order at the Apex court of India or, even the fun times when you get to enjoy a cold coffee in the cafeteria with your colleagues or seniors, every task  has a learning curve and added value to my professional journey. Like many experienced lawyers, even today when I enter a courtroom to argue my matter or to deal with a new client or work on a new proposition, I still find myself in the shoes of a novice professional who had just started out his journey into this black and white dominated corridors of law and it is that feeling that gives me the excitement to work on what I am diving into, and will continue to positively influence me as a professional in my years to come. We can never stop learning, can we?

    My advice to my younger colleagues will be, taste everything in the subject, and what you are really good at will automatically make space – then put in your Best into it and see the Magic. Highs & Lows will come but keeping yourself Grounded in your Highs and Centered In your Lows is what will sail you through.

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