This interview has been published by Anshi Mudgal and The SuperLawyer Team
From the Indian Air Force to a Senior Advocate, your career transition is fascinating. Can you share the pivotal moment that inspired you to pursue law while serving in the Air Force?
As part of my job in the Indian Air Force (1985 to 2003), I was posted as instructor to NCC cadets at Hyderabad (Posted to the unit – No.2 Air NCC t at Hyderabad). I have availed the opportunity to study LLB and LLM in evening college under Osmania University. It was my goal to excel myself in life instead of working under someone.
Truly speaking Studying law is not planned. Once I joined the law course, I decided to prove to myself as one of the distinguished advocates across the legal fraternity and public at large.
You have a Ph.D. in Trademark Law and are actively involved in international intellectual property forums. What new dimensions have you observed in global IPR law, and how can India contribute to these evolving trends?
I did my Ph. D in Trademark Law. I have been studying all through my life. I have also done a PG diploma in ADR, PG diploma in Cyber Laws and Intellectual Property Rights, PG diploma in Human Resources Development etc., While doing Ph. D, I have done extensive research on the topic “Law relating to Trademarks in India – A study with special reference to passing off and Infringement of Trademarks”. Some of the suggestions were given to be implemented.
Attending the various conferences in IPR across the globe viz., INTA (International Trademark Association), AIPPI (International Association for the Protection of Intellectual Property), WIPF (World Intellectual Property Rights Forum), GIPC (Global Intellectual Property Convention), APAA (Asian Patent Attorneys Association), MARQUES etc., is of immense help. It enhances the awareness on the subject in different countries. Latest developments happening across the globe and evolution of jurisprudence is being shared. Since the subject of Intellectual Property Rights is global, understanding the developments in the courts across the world is essential.
The kind of orders, Mareva injunction, Anton pillar order, John doe order and quia timet action etc., are the evolution of new jurisprudence, which are only being heard in IP related matters.
Contribution of India.:
On a personal note, abolition of IPAB (Intellectual Property Appellate Board) by Tribunal Reforms Act, is discouraging. Globally, the countries across the world are showing great importance to IPR and contra, the steps taken by the Government of India are not impressive. Lack of qualified personnel in prosecution of the IPR applications, lack of infrastructure, delay in prosecuting the applications and delay in court proceedings is not encouraging.
Unfortunately none of the cities in India has got infrastructure to host the seminars/conferences like INTA etc.,
The Government of India shall.:
- Organise seminars/conferences/workshops among the entrepreneurs, judiciary, advocates, technocrats to bring awareness of IPR.
- Shall be part of the international conferences.
- IPR professionals, Judges and employees working in IPR divisions to be compulsorily trained and made to attend the international and national conferences wherein a lot of knowledge sharing happens.
As the founder of RVR Associates, you built a successful law firm specializing in IPR and other areas of law. What motivated you to step away from the firm and take up the role of a Senior Advocate at the High Court of Telangana in December 2022? How has this new role enriched your legal journey compared to your experience as a law firm founder?
On RVR Associates.:
Incidentally I have not joined any Senior Advocate or law firm after my enrolment in September 2003 except having undergone the internship for a period of 3 months under Late Srinivasa Murthy, the Trademark agent to understand Trademark Prosecution. As I am interested in litigation, I got associated with my LLM classmate and started the firm by name M/s. RVR Associates, IPR attorneys and advocates. My classmate is no more the partner of the firm.
The discipline of the Air Force, dedication, hard work and zeal to excel in the field of law were instrumental for my success. Being a late entry into the profession, a lot of challenges were faced by me. Having not worked with any senior advocate and as no one to support in my legal practice, it made me work harder.
As a Senior Advocate.:
I believe in strong ethics and morals. Because of the IPR practice chosen by me, I had an occasion to argue against the leading law firms for the Indian Companies (the Defendants) in various courts viz., High Courts at Delhi, Chennai, Bombay, Ahmedabad, Aurangabad, Bangalore, Dharwad, Allahabad, Hyderabad, Amaravathi etc., By my performance and recognition across the legal fraternity, I started appearing for multinational companies (Mostly Plaintiffs). Then I realised the importance of the experience and the role of Senior Advocate. It was my dream to be Senior Advocate. On application made by me in pursuance of the guidelines framed in Indira Jaisingh judgement, I am bestowed with the designation as Senior Advocate by the High court for the state of Telangana in December 2022.
New role as Senior Advocate.:
It is tougher to be a Senior Advocate to a person like me. Now I started reading more to upkeep justice. It comes with a lot of responsibility. Occasions, where I have given up some of the briefs, where I am not satisfied with the proposition of law, on which I have to argue. Earning money is not the sole criteria.
In principle, I cannot be part of my law firm and accordingly, I got disassociated with the firm sooner I become Senior Advocate in December 2022. The principles laid down, work culture and system created by me is being continued with my colleagues/advocates. I always remain a mentor for them. Now I am getting more time to prepare thoroughly for my briefs. Unfortunately, no one can be a master in every branch of the law. This is only the profession; you need to study till you die. More you become senior, the more work and pressure. Keeping good health is a serious concern for every advocate.
You have appeared for many prestigious clients across India. Could you share one of your most challenging cases and the key learnings that shaped your approach to advocacy?
The intellectual calibre of the advocate alone will not bring the results. various court crafts would also be taken into consideration in getting the results to the clients. Understanding the law and mindset of the court is very important, which cannot be ignored.
For the sake of confidentiality and non-disclosure, I am not disclosing the names of clients and cases and few of the interesting cases are as follows.:
- In one of the cases, the court has appreciated the arguments and the legal points raised, the suit is dismissed at the interlocutory stage itself, without any application being filed for such relief.
- In one another case, the writ was to be dismissed, as the court was not convinced on the point and arguments rendered. As it is posted for counter and in the meantime, it got posted before another bench, that court has taken a different view being convinced with the arguments and I won the case.
- Most of the cases are badly drafted and it would result in losing of the cases despite merits in the case. Several cases are won by me without getting into the merits of the case, due to the bad drafting and the mistakes committed by the other side.
- One should have a determined client to support you arguing on a particular proposition of law otherwise, the reputation of the advocate will be at stake.
You’ve been involved in teaching for over 30 years, lecturing at prestigious universities. How have you seen students and the field of legal education evolve over the years? Additionally, what has teaching law taught you about your own practice, and how has it influenced your legal approach?
Teaching is my passion. The students at universities are not taught the practical aspects of law. Practicing in the courts is a different ball game. While I discuss the practical aspects with illustrations and examples, students are benefited. This profession is no more by chance, it is by chance and hence it will be more competitive and encouraging in coming days. Many times, I learnt from the students while they argue effectively in moot court competitions for which we are designated as judges.
What role do you believe non-governmental organizations like ALERT play in improving access to legal education, and how does your work as its president contribute to the success of aspiring legal professionals?
As part of my profession, I do a lot of pro bono cases also. Ignorance of law is not an excuse, if so, all citizens would be taught the basics of law. As an NGO, I feel it is to spread the basics of law among the citizens and downtrodden people. Government colleges are not as equipped in all aspects while compared to the national law schools. The role of NGO plays a vital role.
You’ve been supporting students in government schools for over 30 years. How has this philanthropic work impacted your perspective on education and community building? Please share some insights.
My father was a teacher, and all his students still remember him for his contribution towards his profession and in up bringing of the students in all aspects of life. In his remembrance, I do encourage the students for the last 30 years by motivating and supporting them in their endeavours. Students do not know what they have to do for their career while they complete their 12th standard. Lot of motivation and guidance is required. Sometimes I do engage the professional speakers and motivators to teach them regarding the aspects of life and career.
With such a vast and varied career, what advice would you give to young lawyers looking to create a successful and meaningful career in law, particularly in intellectual property and other specialized fields?
My advice to the aspiring lawyers in Intellectual property cases and specialized fields.:
- No substitute for hard work
- Stick on to senior/law firm for considerable period of time
- Practice at lower courts for relevant period before switching to the constitutional courts (high Court and supreme court)
- Get yourself decided whether you fit to be in house counsel or arguing counsel. Your interest and skills to be taken into consideration.
- Keep attending the seminars and conferences in relevant field of law to know the developments
- While learning at initial stages of practice, do not give importance to the earnings until you become an asset to the institution/advocate you are working for.
- No case is small or bigger. Every case will teach you something new and we are playing with the lives and career of citizens. So similar attention be given to all cases irrespective of social and financial status of the clients.
- Upgrade with the latest technology.
With such a diverse and demanding career spanning the Indian Air Force and legal practice, how do you find time to unwind and relax? What activities help you maintain a balanced life outside of work?
Very interesting question. I do relax, while I travel abroad for seminars and conferences. Credit to be given to family members, for their understanding and co-operation. I believe in the logic/ paraphrases
“more you sweat in peace less you bleed in war” – Avoid last minute preparation
“to get something, you need to lose something” – nothing comes free in this world. In this profession you have to do the smart work in addition to the hard work
I am a sports person, so I keep attending the gym workouts and swimming.
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