This interview has been published by Anshi Mudgal and The SuperLawyer Team
How did you come to choose the legal profession, and who has been your biggest inspiration along the way? Could you please walk us through your journey from the beginning to where you stand today?
It’s often said that sometimes the best plan is not having a plan at all. My journey reflects that sentiment perfectly. Initially, I followed my passion for food technology, but as life progressed, my career path took unexpected turns. I found myself exploring an array of choices being accounting, languages while learning Spanish, preparing for the entrance exam to pursue a career in hospitality management, and even considering a master’s in business finance or becoming a chartered accountant. Becoming a lawyer was never part of the plan.
Then, one day, I stumbled upon a short course in corporate law. I was pleasantly surprised when my perspectives in class were appreciated, which sparked the idea of pursuing law. As I explored further, I came across an intriguing course on intellectual property rights, and that was the moment I decided this was the direction I wanted to follow.
Looking back, every deviation taught me something valuable. In fact, I find myself applying the knowledge from those diverse experiences to the best interests of my clients today. Whether it is handling patents in food technology, understanding the intricacies of accounting in business, drawing insights from the hospitality industry while drafting legal documents for clients in such businesses, or even reading contracts in Spanish. Each skill I picked up along the way has become part of my legal toolkit.
This diverse background allows me to approach legal issues from a unique perspective, enabling me to offer well-rounded, thoughtful solutions that benefit my clients across industries. In hindsight, my unplanned journey shaped me into the professional I am today, equipping me with insights that a more linear path may not have provided. It reinforced the cliched yet unfinished saying, A jack of all trades is a master of none, but oftentimes better than a master of one!
Having worked with renowned firms like Amarchand Mangaldas, Crawford Bayley & Co. and Tata Chemicals, how did those experiences help you develop a new dimension of understanding in Intellectual Property Rights and how all these experiences helped you start your own firm? Please share your challenges you came across while opening your firm.
Although I was initially hired to handle corporate legal matters, my interests always gravitated towards intellectual property rights. This alignment, even if unexpected, enriched my skills in ways I had not anticipated. Handling corporate legalities gave me a solid foundation in drafting intricate clauses, formalizing agreements, and negotiating through deadlocks. I found that bringing a fresh perspective to the table helped resolve even the most complex issues. The meticulous process of proofreading multiple times sharpened my attention to detail, and I quickly learned that no amount of research is ever truly enough.
While I was learning on the job, I wished to pursue a master’s in law. However, juggling the demands of a law-firm eventually, led to the decision to quit my job. But sitting idle was never an option for me. With the support and encouragement of those around me, I embarked on the journey to establish Intellexsys, with just enough savings to cover my expenses for a few months.
As a doe-eyed girl new to entrepreneurship, I faced a constant challenge of convincing potential clients to believe in my legal skills. More often than not, I was met with sceptical glances that questioned my abilities. But slowly, as I delivered results, perceptions began to change. The doubt faded, and there was no looking back from there.
As a participant in the WIPO Summer School, what new dimensions did you uncover about Intellectual Property on a global scale, and how do you apply those insights in your practice today?
I gained invaluable insights into the global applicability of intellectual property. One of the key takeaways was understanding the intricacies and the differing legalities involved across jurisdictions. This gave me a broader perspective on how to strategically position clients’ intellectual properties in a way that ensures longevity and relevance in multiple markets.
I also learned nuanced contract negotiation tactics that emphasized a global perspective and helped me shift focus on learning how to solve problems creatively, and look at the bigger picture, i.e. how my work can impact innovation, society, and global markets. I realized that in international negotiations, the objective is often about building long-term relationships rather than short-term wins. Today, I am more focused on constructing agreements that prioritize sustainable collaboration.
Moreover, this experience helped me understand that intellectual property law is about fostering innovation on a global scale. I now approach each client’s IP strategy with a long-term vision, ensuring that their creations are protected and can thrive in an interconnected world.
You have worked on high-profile trademarks, including securing name trademarks for A-list celebrities. What was the most challenging case in your career, and what did you learn from it?
One of the most challenging cases I worked on involved conducting a comprehensive trademark search across more than 26 countries. The complexities were multifaceted, as we had to navigate different legal frameworks, languages, and classifications unique to each jurisdiction. For instance, translating a brand name into Chinese revealed potential issues with cultural sensitivity. Moreover, the limitations of classification systems in various regions often created obstacles, requiring us to reframe strategies to ensure our clients’ trademarks were protected globally.
Similarly, when securing a name trademark for a high-profile celebrity, the stakes were incredibly high. In that case, we had to gather years of data to demonstrate goodwill through continuous use, which was critical to proving trademarkability. Likewise, we have faced similar issues with securing trademarks for brands for family-run generational businesses.
In another instance, negotiating innovative service offerings with government bodies and large corporations presented its own set of challenges. The process of overcoming layers of approvals and navigating the limitations imposed by the prevailing party tested our resilience and creativity. Despite the hurdles, each experience taught me that no challenge is insurmountable if you remain committed, think creatively, and leave no stone unturned in your pursuit of a solution.
Your firm has worked with over 2000 global clients. What strategies do you employ to stay updated with global legal developments, and how does this help you provide innovative solutions to your clients?
Staying updated with global legal developments is critical to providing cutting-edge solutions to our diverse client base. The cornerstone of this strategy is simple: learn, unlearn, and relearn. Reading legal journals, industry reports, and global legislative updates allows us to stay ahead of the curve. However, given the fast-paced nature of the legal landscape, we have also integrated artificial intelligence tools to streamline this process. AI helps us track recent developments, new regulations, and shifts in jurisprudence in real time, enabling us to stay informed reasonably.
Our approach goes beyond merely working for clients, we work with them. We invest time in understanding their industries, goals, and pain points, which enables us to offer tailored solutions. Whether it is navigating international filings, understanding cross-border data privacy regulations, or providing strategic counsel on matters, our focus is always on creating value through collaboration.
Moreover, word-of-mouth referrals are what continue to drive our business. The trust we build by staying updated and offering relevant, forward-thinking solutions has led to a steady influx of clients referred by those who have experienced the effectiveness of our approach firsthand.
You have a strong focus on mediation and a litigation-free approach. Could you explain the importance of mediation in today’s legal world, and how it can transform the traditional practice of law? What advice would you give to aspiring lawyers who want to specialize in Intellectual Property Law, especially in emerging areas like AI and data privacy?
Mediation is crucial because it offers a faster, more amicable solution than traditional litigation. It saves time, money, and relationships, which is especially important in industries like entertainment or technology, where long-term partnerships are essential. By focusing on resolving disputes collaboratively, we can prevent the fallout that often comes with litigation.
Mediation also allows for more creative solutions. In a courtroom, decisions are binary, you win or you lose. In mediation, however, both parties can work towards a mutually beneficial outcome, which often leads to more satisfactory results.
For aspiring IP lawyers, particularly in emerging fields like AI and data privacy, I would say that one requires a constant willingness to deepen your knowledge in ever-changing sectors like technology. Learning never stops, one has likely only scraped the surface, there are always new developments and unexplored areas. Whether it is AI innovations, blockchain, or data privacy regulations, with the issues we are facing now, one needs to secure a client from anticipated legal challenges that may not even exist yet. The law will continue to evolve as technology grows, and your ability to pivot and adapt will be crucial in staying relevant.
Moreover, as AI advances, legal issues surrounding liability are also emerging. For example, the question of who is responsible when an AI-powered autonomous vehicle is involved in an accident depends on the software license agreements, vendor agreements, manufacturer’s liability, user terms, amongst other conditions such as malfunctioning equipment, glitches, violation of traffic rules, loss of internet and applicable regulations. I recently watched a film titled “Leave the World Behind,” where AI-powered cars crashed due to a global internet shutdown. Such scenarios could raise complex liability questions, as they may fall under force majeure events. Therefore, understanding and adapting to these legal complexities is critical for aspiring lawyers.
As a visiting faculty and mentor, you interact with the next generation of legal professionals. What trends do you see shaping the future of Intellectual Property Law, and what key skills should aspiring lawyers focus on developing?
As I interact with the next generation of legal professionals, it is clear that technology is reshaping intellectual property law at an unprecedented rate. Fields like AI, blockchain, data privacy, and digital content protection are becoming central. The trend toward globalization of IP is another, where businesses must protect their innovations across multiple jurisdictions, all with differing regulations.
Aspiring lawyers need to focus on developing technical proficiency, not just in legal terms but in understanding how emerging technologies work. Also, foresight is crucial having the ability to anticipate potential legal challenges with tech that does not fully exist yet. You will also need collaboration skills, as IP law increasingly requires working with cross-border teams, clients, and governments. And most importantly, a learning mindset, the law will evolve, and you must continuously adapt.
For instance, in response to the growing misuse of artists’ personality rights through AI technologies like deepfakes, we have incorporated specialized clauses in our contracts to protect against unauthorized replication or manipulation of their likeness, patterns, voice, or image. These provisions ensure the safeguarding of a client’s rights against new methods of exploitation, addressing unknown risks with varying potential.
With your vast experience and accolades, including recognition from Idex, Asian Legal Business and Forbes, what is one piece of advice or learning from your career that you believe has been instrumental in your success and can help others?
Neversettle for the first answer or solution. I have learned that no amount of research is ever truly enough. There is always more you can do, another perspective to consider, or a more innovative approach to take. This relentless pursuit of improvement has been instrumental in my career, and it is something I encourage others to embrace. Whether you are drafting agreements or solving complex legal issues, push beyond what has been done and think creatively. It is this continuous learning and commitment to growth that can set you apart.
What is the most pressing change required in the legal fraternity and judiciary today, and what suggestions would you offer to young law graduates entering the field?
One of the most pressing changes required in the legal fraternity and judiciary is to embrace technology and streamlining of processes. The pace of technological advancement is far outpacing the legal systems that govern it. We need more efficient case management systems, a deeper understanding of emerging technology by the judiciary, and faster adaptation of regulations that address modern IP challenges like AI, data privacy, and digital rights.
I would recommend the next generation of lawyers to be adaptable and proactive. The legal world is evolving, and you must be ready to innovate with it. Equip yourself with technical knowledge beyond just the law, understand the industries and technologies you will be working with. Be ready to embrace change, whether in how cases are handled or how laws are interpreted. The future of law will be as much about innovation as it is about tradition. Stay curious, diligent, and forward-thinking, and you will thrive.
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