This Interview has been published by Pragya Chandni and The SuperLawyer Team
Could you share with us what initially sparked your interest in intellectual property law, and how did you decide to pursue it as a career?
I was lucky enough to get an internship, in my 4th year of law school, with K&S Partners (a leading IP firm in India). I had dabbled in some IP work in my previous internships, and my interest around brands and how they are protected and commercialized was piqued. However, it was at K&S Partners where this interest really became a passion. Based on my internships at K&S Partners, and the type of IP matters and issues I was exposed to, I was clear that I wanted to build my career within IP. I was fortunate enough to get an opportunity to join K&S Partners upon graduation. In my career so far, I have made it a point to get different perspectives on IP, right from working with boutique IP works to working in house, in an IP role, to now working with a full service firm. This all-round approach and experience, particularly working as an in-house counsel, helps me tremendously in my role at IndusLaw.
With your extensive experience across various law firms and organizations, could you highlight a particularly memorable case or project that significantly shaped your understanding of intellectual property law?
There have been several memorable matters I was lucky enough to be a part of and it will be difficult to pinpoint one specific project. That said, working on geographical indication (GI) matters, for the Government of India and for foreign GI owners, was incredibly important and special. GIs, unlike other IPs, are collective communal rights and require a slightly different mindset. I would also say that my stint as an in-house counsel afforded me some incredible opportunities and moments to learn different facets of IP law, including from a commercial lens. The learnings, as an in-house counsel, and seeing IP from the other side of the fence, was an immense learning experience; something which I cherish a lot. I would also say that working, in the past, and, even now, on matters that intersect with technology and IP has been extremely rewarding with a lot of learning opportunities.
Given your role as a visiting faculty at a leading law university and your participation in national and international conferences, how do you approach staying updated with the latest developments and trends in intellectual property?
The simple answer is that time must be made to read and be in touch with new developments and precedents. It is easy to say that calendars are full and there is no time to read. However, if one really wants to keep up-to-date on new case laws and developments, time needs to be carved out. Especially in IP, where issues can be grey, and oftentimes case laws can be seemingly conflicting with each other; that effort to read and stay updated is a must. I do ensure that, at least during work days, I try and get about 45 mins to read news and key case law updates. On weekends and holidays, I do take out more time. Additionally, within our team, we have a system of daily news updates, that are relevant to our practice, which are shared every evening, which I ensure I read before logging for the day. Another important aspect is also to speak regularly with your peers, clients and, even foreign counsels, to understand trends and developments. It, therefore, does take a combination of sources, coupled with a dedication and discipline to keep learning and staying updated. I also find that, in interacting with universities and students, one can also learn and stay updated as students are also equally updated with new trends and cases and it, therefore, does become a fantastic two way street.
Transitioning from working with leading law firms to being the IP and Innovation Counsel for a global FMCG organization must have been quite a shift. What insights did you gain during this transition, and how did it influence your perspective on intellectual property issues?
The shift from private practice to an in house counsel was certainly very interesting with a lot of learnings and mindset shifts. A couple of the biggest shifts included learning how to become a commercial enabler and adjusting risk profiles. Being an in-house counsel required me to be a business partner, who was incidentally a lawyer. You get into a position where you can’t present options to other teams and say “choose which works for you”. You have to take a call, and that means collaborating and understanding commercial needs. This stint as an in-house counsel is immensely helpful to me now when I work with clients- the idea being an extended arm of their team or an extended arm to their in-house legal team. More and more, especially in IP, clients require external counsels to help them make a decision, rather than just presenting options. This has been one of the biggest shifts in approach for me- how can I, as an external counsel, help my clients meet their business goals.
As someone deeply involved in protecting and enforcing IP assets, what are some common challenges you encounter in this field, and how do you typically address them?
There are quite a few challenges. IP, especially prosecution of applications, has become highly commoditized and almost become a packaged service, with costs being a race to the bottom. A lot of the advice that we see is very vanilla advice without real time being spent to determine what is best for the client’s business needs and goals. We also see clients viewing IP as an expense, rather than as an asset which will mature over time. It isn’t uncommon to see IP being compromised or undervalued at the altar of costs. If India really wants to take advantage of the tremendous innovation and talent currently being seen, IP needs to be viewed maturely and beyond just as an expense outlay. This also calls for clients to be smart about who they engage with for their IP advice and strategy. IP forms the backbone of almost all businesses and it isn’t just about filing an application. A strategic mature approach needs to be brought by external counsels when counselling clients on their IP strategies.
With your passion for brand building and extensive experience in advising on brand-related matters, could you share some strategies you find particularly effective in nurturing and safeguarding brands in today’s competitive landscape?
As mentioned before, taking the time to understand clients, their business and their objectives should form the basis of any IP strategy. There are so many intricacies and nuances, even to something as simple as filing a trade mark application. Fitting the legal strategy into the four walls of business objectives is really important. Another bit is not assuming that external counsels know more than clients or in-house legal teams. It pays to listen more. Part of our job is also to get clients to do some homework as well and get them to look at IP as an asset. For me personally, the focus is on building trust and reliance with the client and getting clients comfortable in our interactions and dealings. Today’s landscape does require a great amount of flexibility and transparency in our approaches.
Lastly, drawing from your wealth of experience, what advice would you offer to fresh graduates aspiring to build a career in intellectual property law and commercial law?
I have a few pieces of advice:
- Be ready to put in the graft in the first few years and avoid having an entitlement approach. The first few years in the profession are particularly taxing and there is no substitute other than hard work and graft.
- Invest time in an organisation and avoid making quick shifts from workplace to workplace. The longer one stays at an organisation, especially the right place and with the right approach and attitude, can offer tremendous growth opportunities down the line.
- Take the time to learn about the practice, the landscape of firms and how IP is viewed by law firms and in-house counsels, and then make an informed choice on how to build a career in IP law. In today’s world, the more you are informed (and the more the prep work), the easier it is to figure out the best path to take.
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