This interview has been published by Anshi Mudgal and The SuperLawyer Team
Since you belong to a science background, what made you switch your career from Science to Law after attaining degrees such as B.Sc. in Zoology, Animal Biology and M.Sc. in Anthropology?
Since I have a Science Background I have developed an analytical understanding of things during the course of my study. Also, the knowledge which I acquired was theoretical and which has a limited use. It is only applicable in a limited sphere, only in the realm of my study after that the knowledge is futile. I always wanted to work for the purposes of the poor and downtrodden people.
Which can be done through addressing the plights of the undertrials and accused persons who do not get any legal help and are being languished in the jails. The legal profession is dynamic and it gets changed day by day and which requires the technological know-how in a lawyer which is essential for addressing the plights of the litigants and lawyers and the judges who are not tech-savvy. These days the laws or statutes require the basic knowledge of science or scientific temperament in a lawyer to address some technological statutes, such as the IT act 2020, The Data protection Act, The food and adulteration act, The Patents Act-1970, The Mental Health Act, The Medical Termination of Pregnancy Act, Air and Water Pollution Control Act. Further the law provides the application of the knowledge obtained during the scientific studies and can be applied in the legal arena. As Scientific knowledge or scientific temperament is required by the legislators who frame the laws or statutes then comes the lawyers or paralegals who practice or draft the petitions or applications which require the scientific knowledge. Then comes the interpreters, they are the puisne judges, thus a scientific taskforce is needed in the legal framework to cater the techno legal subjects. There is a large demand of Engineers whether they are Civil, Mechanical, Electronics engineers in Patents drafting, and removing the defects mentioned in the Examination Reports of the patents examiner. There is a huge demand of the techno-legal professionals Many engineers, Science Graduates and Post Graduates are qualified lawyers, thus bridging the gap of the application of the technology on law and the law on technology. I specifically being a Science Graduate and Postgraduate driven by the need of the techno-legal professionals considered to go.
You have worked with various firms before setting up your own firm Legumlatum LLP. What according to you were the learning experiences that shaped your role as the Founder and Managing Partner of the firm?
I had worked in different law firms, prior to launching of my own law firm and during the term there, I have learned the time management, the team work, done work diligently with the efforts to perform the work assigned. Also, during the course of the day we had discussions and we used to put all efforts or inputs among the teammates regarding the work assigned. We used to take views from all the team members regarding the work and put the best efforts in it. Thus, I inculcated the habits and the skills which I learnt during my tenures at different organisations. Also, being a first-generation lawyer, I worked hard to learn the nitty gritty of the legal profession and was never before earning the money. As I put my earnest efforts in the learning, during my tenures I did not hesitate in learning things by doing the work assigned, whether it is arranging the legal documents, and in drafting the suits, agreements etc. I never denied to do the work assigned to me as this is not of my domain.
I paid utmost attention and put the efforts in the completion of the job assigned, for which I had done the research in various databases, like SCC online, Manupatra, DLT. All these efforts which are taken during the working hours made me a workaholic I used to learn from the mistakes of mine and others to cope with the situation in ordinary course.
You have appeared before multiple legal forums including NCLT, High Courts, and the Supreme Court. How does preparing for and arguing cases at different levels of the judiciary differ, and what has been your approach?
Preparation of the cases at different forums are altogether different. In the district courts there the wholesome preparation for the trial is needed, whether it is at the pleadings stage where complaint is to be filed and then the pleadings are to be completed, then the evidence stage where evidence has to be tendered in the civil cases the evidence by way of affidavit, then framing of the issues are to be done and arguments are to be tendered. Similarly, during the preparation of the cases at the National Company Law Tribunal, i.e. NCLT the soft copy of the petition is to be uploaded and the hard copy of the petition is to be filed. In the High Court the filing and listing is altogether different, then the listing of the matter after the filing is done by the registry of the High Court. The proceedings at High Court are different than the District Courts. Thus, the legal proceedings at the Supreme Court are different governed by the Supreme Court rules. Thus, it is to be said that the filing, proceedings are different in various legal forums. Thus, the preparation of the different cases at different forums are altogether distinct and the efforts to be put in these cases are different, and accordingly the strategy is being made to dealt with these cases at different forums.
Being an independent practitioner with such vast experience, you must have come across interesting cases. Can you share with us the most interesting cases you’ve dealt with and your preparation for such cases?
I can share a civil case where the plaintiff is a senior citizen about 80 years age. The defendant is the daughter in law of the plaintiff. The plaintiff was allotted a property from the Government being the member of the Schedule Caste category. The plaintiff had allowed his sons and their families to stay in some portion of the allotted property and the Plaintiff was staying in one of the portions. The defendants had sold the property where the plaintiff used to stay to a third party by the registered sale deed by producing the false chain of documents. As per the notification of the government the piece of land which was allotted to the plaintiff can only be transferred to a member of the Scheduled Caste. Thus, there was a conflict to the ownership of the property where there are two parties declaring themselves to be the owner of the property. In the meanwhile, or during the course of the litigation, the plaintiff died and before the death of the plaintiff he had bequeathed the property in the name of his daughter by executing registered will, Power of Attorney, and gift deed.
I put my submissions before the hon’ble court that the plaintiff is the owner of the said property and consequently his daughter became the absolute owner after the death of the plaintiff by virtue of the registered will, Power of Attorney, and Gift deed in her favour. The hon’ble court accepted my submissions and accordingly made his daughter the absolute owner of the property, thus now the plaintiff’s daughter has stepped into the shoes of her father and she will initiate the legal proceedings against the third party who is claiming to be the owner of the suit property.
IPR Law is a vast and dynamic field with new changes coming up every single day. Since you have immense experience in Patent Prosecution how do you think the dynamics have changed over the years including the recent amendment in the Indian Patent Rules,2024?
Yes, I agree with you that the Patents Act-1970 is dynamic with new changes occurring every day. The Patents Act-1970 had transitioned in the British Era to the present day and is changing day by day. The Patents Act-1970 has taken shape in the form of the act VI of 1856 which was based on the British Patent law of 1852, in which certain exclusive privileges were granted to inventors of new manufacturers for a period of 14 years. In the year 1859 the act was modified as act XV as patent monopolies called exclusive privileges making, selling, and using inventions in India and authorising others to do so for 14 years from the date of filing specifications.
In the year 1872 the Patents and Designs protection Act came into force. Then in 1883, the protection of inventions came into force and in the year 1888 the consolidated to Inventions and Designs Act. In the year 1911 the Indian Patents and Designs Act came into existence. Further in the year 1970 the Patents act came into existence. Since 1970 there are six amending acts had shaped the Patents Act-1970. The recent was the Tribunals Reforms Act- 2021 which came into effect from 04.04.2021 after that there were amendments to the Indian Patents Act-1970 by the enactment of the Jan Vishwas (Amendment of Provisions Act, 2023) which decriminalised and rationalised offences to further enhance the trust-based governance for ease of living and doing business. The Indian Patents (Amendment Rules, 2024 were notified on March 15, 2024 which aimed to expedite the patent application process, provide flexibility on certain deadlines, simplify requirements for foreign filings, particulars and working statements and reduce frivolous pre-grant oppositions.
You have over 15 Years of Experience, what advice would you give to the young generation who are starting out in their careers and wish to pursue the field of IPR?
My advice to young generation who wish to pursue the field of IPR is that to be clear in the vision regarding the domain which they would require to pursue in IPR whether it is the Patents, Copyrights, or Trademarks or the Commercial law. The youngsters must exercise their choice to practice in the specific field of either IPR or Commercial Law.
You mentioned being an ardent learner, gaining insights from both your own and others’ mistakes. Could you share an instance where a challenging case taught you a valuable lesson that has influenced your practice?
As I had mentioned that I am an ardent learner, gaining insights from my and others mistakes, such a mistake from which I had learned is that I was not attentive to the specific timelines which are to be followed in various cases whether it is to be revision, or appeal or other instances. In IPR the filing of the documents is time bound and if the action is not taken in the stipulated time period, then in such cases the application gets abandoned.
As someone who manages a legal firm and personally handles cases, how do you strike a balance between running the business side of Legumlatum LLP and being actively involved in legal proceedings?
As I told you that I do manage the business of the Legumlatum LLP and also take care of the cases, I do such cases in the supervisory role in both the instances. I supervise the work done by our associates. I supervise the work done by our associates who are being delegated the work. Further the work which was being done at Legumlatum LLP is the team work.
What do you think is the most necessary facet a lawyer should have if they wish to have a successful career in the field of law, especially IPR and Commercial Law?
The most important facet an individual should have in case he has to have a great career in the field of law is that he should be a keen observer, good learner, and hardworking and have perseverance in attaining the desired results even if it takes time.
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