This interview has been published by Anshi Mudgal and The SuperLawyer Team
Can you share how you started your legal career, and what motivated you to pursue this legal field? Please allow us to walk through your journey.
My legal career was motivated by the influence of my father, who was a practicing lawyer before the Hon’ble High Court. His work and dedication inspired me to follow a similar path. I started my legal career at Crawford Bayley & Co. as a litigating lawyer, practicing before the Hon’ble Bombay High Court and the Mumbai City Civil Court. During my time in litigation, I was particularly drawn to the aspect of legal research, which sparked a new interest in me. This led me to decide to pursue a deeper focus in research, prompting me to embark on my doctorate degree. In the first year of my doctoral studies, I took a complete break from practice to focus on clearing my pre-PhD examination and finalizing my thesis topic and synopsis. During this phase, as I delved deeper into research, I became increasingly fascinated by Intellectual Property Rights (IPR), which eventually became the central focus of my Ph.D. thesis topic. This newfound interest in IPR motivated me to explore this field professionally. In 2017, I joined Krishna & Saurastri Associates LLP in their Pune office as a Junior Associate in the trademark team. I had the privilege of working under the mentorship of Adv. Anand Mahurkar, who was not only the head of the Pune office but also a partner at the firm. His guidance shaped much of my professional growth. After almost two years with Krishna & Saurastri, I moved on to AM Legal Associates as an Associate Advocate, seeking further opportunities for professional development. After three rewarding years with AM Legal, I was honored to be elevated to Partner in November 2022. This progression reflects the invaluable experiences and mentorship I have received throughout my journey, and I am grateful for the opportunities that have shaped my career in the legal field.
You began your career in litigation and contract drafting before moving to IPR in 2017. How did this transition influence your perspective on legal practice, and what unique insights have you gained from your earlier roles?
The transition from litigation and contract drafting to Intellectual Property Rights (IPR) in 2017 was both a natural evolution and a transformative shift in my legal career. My earlier experiences in litigation and contract drafting provided me with a solid foundation in the practical aspects of law. In litigation, I developed a keen understanding of legal strategy, client management, and the importance of thorough legal research. These skills were invaluable when it came to analysing cases and building arguments. Contract drafting, on the other hand, taught me the critical importance of precision in language and attention to detail, which are crucial in the drafting and enforcement of contracts. When I moved into the IPR field in 2017, under the mentorship of Adv. Anand Mahurkar at Krishna & Saurastri Associates LLP, my perspective on legal practice expanded significantly. IPR, including but not limited to trademarks, copyrights, patents and designs, is a highly specialized area that blends legal knowledge with an understanding of business strategy, innovation, and market dynamics. This field is inherently dynamic, constantly evolving due to technological advancements and changes in international law, which made my work in IPR feel more forward-thinking. The transition gave me unique insights into the intersection of legal practice with commercial interests. I learned how intellectual property is not only about protecting the rights but also about safeguarding brand value and market positioning. Moreover, working in IPR helped me appreciate the importance of proactive legal measures, such as registrations and enforcement actions, versus the reactive nature of litigation. My earlier roles, particularly in litigation, have equipped me with a deeper understanding of how legal protections can be tested and challenged in courts. This experience has been particularly useful in my IPR practice, as I approach IP disputes with a practical mindset, always considering how theories will hold up in a legal battle. In short, my transition to IPR has broadened my legal horizons, allowing me to appreciate the diverse applications of law while the skills gained from my earlier experiences continue to inform my approach to legal practice in this evolving field.
With your vast experience in handling contentious and non-contentious matters, can you share a few memorable cases that taught you significant lessons about IP law?
Throughout my career, I’ve had the privilege of working on a variety of contentious and non-contentious IP matters that have significantly shaped my understanding of IP law. A few memorable cases stand out, each providing me with valuable lessons that continue to influence my practice today.
- Trademark Infringement and Passing Off Case: One particularly memorable case involved a trademark infringement and passing off dispute, where we represented a well-known brand in the real estate industry. The defendant had adopted a confusingly similar mark, which led to a real risk of consumer deception wherein consumers had rendered the services of the Defendant thinking those belong to my cline. What made this case particularly significant was the challenge of proving the likelihood of confusion in a crowded market. The key lesson here was the importance of facts and research with regards to the judicial precedents which in turn helped me securing a favourable injunction order in favour of my client restraining the Defendants from using my clients registered trademark till the final the disposal of suit;
- Non-Contentious Trademark Registration: On the non-contentious side, I worked on a trademark registration for a major brand. While this may seem like a routine matter, it taught me an invaluable lesson about proactive legal protection. The brand was already in market, but they had not secured registration which was worrisome for the management. This is where my firm was briefed, and the matter was listed for Show Cause hearing for the 3rd time. I appeared for the Show Cause Hearing and argued that the subject mark is a part of an already registered trademark and thus the Subject Mark shall be accepted as the same is associated with my client and the said mark was Accepted which as on date stands registered. This process reinforced the importance of pre-emptive action in IP law—registering trademarks early on, conducting thorough clearance searches, and understanding potential risks before market entry. It highlighted that securing intellectual property rights upfront can save significant resources and avoid future litigation; and
- Copyright and Digital Content Protection: A more recent case involved protecting digital content for an individual. The case required swift action to take down infringing content from various international platforms. The lesson from this case was about the importance of timely enforcement in the digital age. The fast pace of the digital world means that IP owners must be vigilant and ready to act at a moment’s notice to protect their rights. Additionally, the case reinforced how quickly IP infringement can spread across the internet, and how critical it is to stay up-to-date with evolving digital rights management tools and online platforms.
All of these cases aught me important lessons about the dynamic nature of IP law, making me more adaptable and better equipped to handle the complexities of both contentious and non-contentious IP matters.
You’ve worked across different organizations and mentored juniors along the way. How do you approach mentoring young lawyers in your firm, and what do you emphasize most in their professional development?
Mentoring my juniors and fellow juniors who are not directly involved with my firm as always been a rewarding aspect of my career, and I approach it with a focus on both professional development and personal growth as taught by my mentor. My first focus when mentoring junior lawyers is ensuring they have a good grasp of legal fundamentals. I encourage them to understand the core principles of law and how to apply them in real-world scenarios. While knowledge of statutes and case law is important, it’s the practical application of that knowledge that truly matters. I emphasize the importance of attention to detail, especially when drafting documents or filing trademark applications or drafting responses or analysing legal issues, as even small errors can have significant consequences in legal practice. I also place emphasis on understanding the client’s perspective and I always encourage my mentees to think beyond the letter of the law and consider how our advice impacts a client’s business or personal interests. I believe that developing a client-centric mindset is crucial in fostering strong relationships and providing high-quality service. Lastly, I believe that the most effective mentorship happens through leading by example. I strive to demonstrate professionalism, integrity, and diligence in all my work, and I believe that young lawyers learn a lot by observing how we handle both successes and challenges. I encourage them to approach each task with the same level of commitment and care, regardless of its size.
Ultimately, my goal as a mentor is to empower young lawyers, providing them with the tools and confidence they need to grow into skilled, independent professionals who can contribute meaningfully to the firm and the legal community at large.
Your Ph.D. focused on digital copyright. How do you think digital platforms and the rise of user-generated content have reshaped copyright enforcement, and what challenges do you foresee in this area?
Firstly, the rise of digital platforms and user-generated content has dramatically reshaped the landscape of copyright enforcement. As digital content becomes more accessible and easily shared across platforms like social media, streaming services, and content-sharing websites, the challenges related to copyright protection and enforcement have multiplied. One of the most significant changes has been the increased volume of content that is uploaded and shared daily. With millions of videos, images, and text being posted by users globally, it becomes increasingly difficult for copyright holders to track and enforce their rights, and this has made it essential for copyright owners to rely on more automated tools (such as content recognition systems) and platform-specific reporting mechanisms to identify and take down infringing material. Secondly, the growth of user-generated content (UGC) has led to new challenges, particularly when users remix or modify existing copyrighted works. Market leader platforms are filled with content that may incorporate copyrighted music, videos, or images. While these platforms have made strides in facilitating copyright enforcement, this has often resulted in debates around fair use and fair dealing exceptions and therefore I feel that this has created a legal grey area that copyright holders must navigate, balancing the protection of their rights while not stifling creativity and freedom of expression. Thirdly, the most important factor is the growing scrutiny on the role of platforms themselves in copyright infringement. These platforms increasingly monetize user-generated content, there is a growing call for platforms to take a more active role in monitoring and preventing infringement. The challenge here lies in balancing the responsibility of platforms to curb infringement with the free speech rights of users.
To conclude, the intersection of digital platforms, user-generated content, and copyright enforcement presents a complex and dynamic challenge. As a result, ongoing innovation in both legal strategy and technology will be crucial in shaping the future of digital copyright protection in India.
Success in legal practice is not always about winning cases. Can you share an example where success for a client was achieved through strategic negotiation or an innovative legal solution rather than a courtroom victory?
I completely second you on this. In a classic case where my client had adopted a brand name which contained a well-known trademark wherein, I had advised my client to not include the well-known mark as part of the proposed brand. However, my client was ready to accept the risk and went ahead with the filing of the application. The application was examined and subsequently Accepted and Advertised in the Journal. The proprietor of the well-known trademark filed opposition against my client’s application, and we communicated the same to our client. Our client asked for our opinion was to how do we tackle this as our client wasn’t well equipped monetarily to stand against the proprietor of the well-known trademark that is where I advised my client that we shall initiate dialogue with the registered trademark owner stating that we shall delete the device which was in question and our clients agreed to the same. Pursuant to our clients’ instructions, we initiated the dialogue stating that we shall delete the device and proposed to amicable settle the matter. The other side agreed to our proposal, and we filed a request for amendment to delete the device from our client’s trademark. This case taught me that strategic negotiation and creative solutions can often be more effective than litigation, especially in matters where brand value, business relationships, and long-term goals and finance are at stake. It reinforced the importance of thinking outside the box, being attuned to the client’s needs, and finding the best path forward by way of negations, even if it doesn’t involve a courtroom victory.
Startups often face challenges in protecting their intellectual property with limited resources. What advice do you have for new businesses looking to secure their IP while balancing growth and innovation?
While advising startups on protecting their intellectual property (IP) while balancing growth and innovation, I always emphasize the importance of being proactive, strategic, and resource efficient. Startups often operate with limited resources, so it’s crucial to focus on the most valuable aspects of their IP and protect them in a way that aligns with their business goals. Here’s the advice I typically offer viz., identify and prioritize core IP assets, file for registration of the identified IP, enter into appropriate agreements with partners, investors, contractors, or even potential employees, push and enforce your rights and keep good records. While protecting IP might seem daunting for startups with limited resources, taking proactive, strategic steps can go a long way in safeguarding their innovations and setting them up for future growth. It’s about focusing on the most valuable IP assets, taking advantage of protection methods, and using strategic legal solutions that align with the business’s goals. By taking these steps early on, startups can ensure that they have the foundation for both innovation and long-term success, all while minimizing risks associated with IP infringement
In your opinion, how can Intellectual Property laws be better leveraged to protect cultural heritage and traditional knowledge, especially in a diverse country like India?
Intellectual Property laws can be better leveraged to protect cultural heritage and traditional knowledge (TK) in India by adopting a multifaceted approach viz., recognizing collective ownership, creating a Dedicated Legal Framework, Strengthening Documentation and Databases, Geographical Indications (GI), Customary Laws Integration, Benefit-Sharing Mechanisms, by spreading and creating awareness, International Collaboration, Preventing Misappropriation and Cultural Sensitivity in IP Laws. All implementing these factors, India can better safeguard its rich cultural diversity and traditional wisdom while promoting their sustainable use.
With such a demanding and dynamic career in Intellectual Property Rights, how do you unwind and recharge? Are there any hobbies or activities you enjoy outside of the legal field that help you maintain balance?
Maintaining balance in a demanding career like Intellectual Property Rights requires intentional effort. The main factors that help me unwind and recharge are listening to music, playing Xbox, travel with family, get together and hang out with friends, reading blogs on IP and last a most favourite going on long rides with my wife. Such hobbies not only provide relaxation but often inspire fresh perspectives, essential in a dynamic career like IPR.
What advice would you give to young lawyers entering the field of Intellectual Property Rights? Are there any specific skills or knowledge areas they should focus on?
According to me I would recommend the following to young lawyers entering the field of IPR viz., develop a strong foundation by strengthening the basics during your law school by understating basic concepts of IP law, build good analytical and research skills by reading blogs on IP, keep up a track the on current and more recent judicial precedents with regards to IP, stay updated about the global IP trends, explore drafting and take lessons on negotiations by engaging into internships, try to gain practical knowledge during your internships, learn to navigate national and global IP databases, stay updated with recent technology and industry trends, network with professionals through LinkedIn, focus on soft skills, and last but not the least continue to learn. By honing these skills and remaining adaptable, young lawyers can excel in this dynamic and rewarding field.
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