This interview has been published by Anshi Mudgal and The SuperLawyer Team
Your journey reflects remarkable versatility and determination. Looking back, what pivotal decisions do you believe have contributed most to your practice over the years?
My journey into law, and specifically as an IP Attorney, was far from a linear path. Unlike many, I never initially aimed to be a lawyer; in fact, the term “IP Attorney” was completely foreign to me until my second year of law school when IP was first introduced as a subject.
Coming from a humble, rural background in Talegaon Dabhade, Pune, my early academic pursuits were remarkably diverse. I chose arts at Ferguson College, majored in Psychology for my B.A., and even dedicated time to learning and tutoring German language while preparing for Nritya Visharad, harbouring aspirations of becoming a classical dancer, psychologist, or German translator. Law was never on my radar.
However, destiny, as they say, had other plans. Being a first-generation lawyer in the family, unaware of the fascinating journey ahead, I took a significant leap of faith. I applied to only one institution, ILS Law College. Getting selected in the first list felt incredibly lucky, as it was a high-risk gamble with no Plan B – a rejection would have meant a wasted year. Although I later transferred to Shankarrao Chavan Law College in my second year, this initial entry into the legal field was itself a pivotal decision.
This unconventional start , directly led to numerous vital career breaks, opportunities, and challenges. The journey itself broadened my horizons, exposing me to diverse people, institutions, experiences, and ideologies. These early experiences undoubtedly instilled in me resilience, an openness to new directions, and a unique interdisciplinary perspective. I truly believe these qualities laid the foundation for my enriching legal practice and have profoundly shaped who I am today.
What motivated you to pursue a Master’s degree in Science and Technology Law? Why did you choose this particular specialization, and how has it influenced your practice?
My decision to pursue a Master’s degree in Science and Technology Law was a pivotal moment in my journey. The dynamic and evolving nature of science and technology, encompassing fascinating areas like Intellectual Property, Biotechnology Law, Cyber Law, and Health Law, deeply intrigued me. This particular specialization, offered by the Department of Law at Savitribai Phule Pune University, provided a holistic overview of the actual laws in place, regulations, and pending bills in these fields.
The one-year LL.M. program was instrumental in cultivating strong research, presentation, and public speaking skills. While Intellectual Property (IP) was my primary focus, this course provided a robust theoretical foundation in IP, which was crucial for my understanding, research, and practice in IP law. I am particularly grateful to my professors, Dr. Jyoti Bhakare Ma’am and the late T.S.N. Shastry Sir, for fostering my interest in research. The affinity for research I developed during my LL.M. studies remains a cornerstone of my practice today. Beyond academics, the program also allowed me to forge valuable connections and a supportive network that continues to be a source of shared knowledge and care.
In the early phase of your career, what experiences or cases helped solidify your interest and expertise in intellectual property law, ultimately leading you to build a career in this domain?
So, from administrative and accounting roles during my LL.B. to becoming a Trademark Associate, visiting faculty, researcher, and ultimately leading my own law firm, every step has been instrumental in building my network, professionalism, knowledge, and interpersonal skills. The one constant thread woven through all these experiences has been Intellectual Property.
A particularly pivotal moment occurred during my third year of LL.B., when I was working in an administrative capacity. However, my main work was to recover pending invoices from clients. For the first time I was tasked with coordinating copyright filings for a corporate client. As I wasn’t yet a qualified lawyer, the initial plan was to outsource this work. However, being new to the field with no prior legal experience or strong professional connections, I struggled to find a trustworthy attorney online, causing a delay in the assignment. Instead of waiting, I took the initiative. Under the guidance of my senior, I decided to undertake the assignment myself. Successfully completing it single-handedly, by the time the registrations were finalized, I had not only gained valuable IP experience, but this experience provided the initial boost of confidence I needed to delve deeper into IP.
At that time, I even found myself daydreaming about having my own law office and all the “corporate fancy things,” largely inspired by series like “SUITS.” From that point forward, the more I immersed myself in this field, the more opportunities I seized. Another impactful experience that solidified my global perspective was assisting foreign attorneys with trademark infringement matters in SAARC countries. Additionally, I had the opportunity to introduce new perspectives to the firm’s trademark practice, which led to a drastic increase in their filings. This invaluable exposure allowed me to read, understand, and apply IP laws in various foreign jurisdictions, especially within Asian countries, further cementing my dedication to this domain.
After working with prominent law firms, what inspired you to branch out and establish your own practice? What were some of the major challenges you faced during this transition, and how did you navigate them?
Establishing my own practice and ultimately my own office was always a core aspiration. While working with Ex- law firms, I actively immersed myself in client counselling, meetings, networking, and client acquisition, eventually realizing I excelled in these areas. By the time I decided to make the leap, I felt confident in my ability to navigate the challenges that lay ahead.
The opportune moment arrived post-COVID-19, amidst a global surge in entrepreneurial spirit. I decided to take the plunge, giving myself a pragmatic six-month window to explore the market. This time, I had a well-thought-out Plan B, given my increased responsibilities. I am incredibly satisfied, happy, and grateful for the overwhelming positive response and trust I received not only from my professional network but also from my husband. What began as an individual practice has since grown into an LLP, offering a diverse range of services beyond IP, including Data Protection, Privacy Laws, Cyber Laws, Entertainment Laws, Legal Metrology, POSH, Litigation, and General Corporate matters. My portfolio expanded organically, driven by my clients’ evolving needs.
A unique challenge emerged during this transition, one that I found both amusing and concerning. I received calls, on multiple occasions, demanding justification for starting my individual practice. These calls explicitly instructed me not to approach former firms’ clients or even to redirect any clients who might approach me in my individual capacity. Such demands from senior industry figures were not only illogical but also fundamentally unacceptable. Indeed, it felt like an attempt to threaten, suppress, and dominate me. But, this act inadvertently bolstered my confidence, affirming that I was on the right track and destined for something significant.
My belief has always been, “There are plenty of fish in the sea; go and catch yours.” I am immensely proud to state that my first 50 clients were acquired purely through my own efforts and network, not by “stealing” or personally soliciting from any previous firm. This is a point I’ve rarely discussed publicly, known only to my closest friends. Naturally, I chose to ignore those unwarranted demands, focusing instead on testing and implementing my own ideas. I am proud to say that I have never had to proactively solicit work from clients. Instead, my clients, friends, family, my husband, and my business partner have organically become my most effective brand ambassadors.
You’ve worked on over 3000 trademark applications across jurisdictions. Could you share a particularly complex or memorable case that left a lasting impact on you professionally?
Yes, indeed. Each and every case and application has its own unique journey with its challenges and surprises. One particularly memorable case that left a lasting impact on me professionally involved a situation where the infringers were, surprisingly, a group of my client’s own students. They had copied my client’s domain name with deceptively similar words and spellings, leading to clear trademark infringement and cyber-squatting.
The complexity arose from the existing relationship between my client and these individuals. A direct legal enforcement action, while legally justifiable, would have severely damaged those relations. Therefore, my approach had to be non-conventional. Instead of issuing a formal legal notice, we had to very politely communicate with them, explaining the legal implications and amicably requesting them to take down the domain name and refrain from future use.
This case was a significant learning experience for me. It taught me that legal solutions aren’t always black and white, and understanding the human element can lead to a far more satisfactory and sustainable outcome for all parties involved.
As a Trademark Facilitator and mentor under the Start-up India initiative, how would you assess the current level of IP awareness among Indian startups? What more can be done to foster a stronger culture of IP protection in the startup ecosystem?
As a Trademark Facilitator and mentor under the Start-up India initiative, I’ve seen India’s startup ecosystem flourish since 2015. While many startups are aware of IP’s existence, there’s a significant lack of strategic understanding in approaching IP registrations. Even after a decade of Start-up India Scheme, very few startups genuinely prioritize and secure their IPs seriously. Those who do are consistently at the forefront of the market, proving the competitive edge IP offers.
To foster a stronger IP culture, we must empower founders with foundational IP knowledge, which shall help them to identify their IP assets. Also, this would prevent them from being misled and enable them to proactively integrate IP protection into their business strategy, which is crucial for long-term success.
You’ve presented research and spoken at international conferences in Singapore and China. How have these global engagements shaped your professional outlook and influenced your long-term vision?
My global engagements, especially the ARCIALA research conference in Singapore and fellowship in China, profoundly shaped my professional outlook. Initially seeking research opportunities in IP, these experiences offered me an invaluable global perspective from diverse international researchers. They provided strong connections and significantly deepened my understanding of the subject. This exposure solidified my long-term vision to practice IP with a broader, more interconnected view, constantly seeking to understand and adapt to the evolving international IP landscape.
Your extensive work across SAARC, GCC countries, and through the Madrid Protocol gives you a unique global perspective. What are some key considerations Indian IP practitioners should keep in mind while managing international trademark portfolios?
Having the opportunity to work on various international trademark assignments, definitely it becomes very important for us as Trademark Attorneys to go beyond eye on details, deadlines and trademark filing requirements of a particular country. It’s crucial to grasp the technical nuances of each country’s trademark law, such as “first-to-use” versus “first-to-file” systems, and ensure the mark is morally and culturally acceptable in that specific region. Thorough due diligence, understanding local language requirements, knowing the protection period, establishing strong connections with foreign attorneys, and being prepared for diverse enforcement procedures are all vital. This comprehensive approach is essential for effective global trademark management.
In addition to your legal practice, you’ve been a visiting lecturer for nearly seven years, work with an NGO, and have co-authored a book. How do you balance your professional responsibilities with these meaningful pursuits, and what drives you to stay engaged on so many fronts?
Balancing my legal practice with lecturing, NGO work as a POSH committee member, and co-authoring a book comes down to strategic time management and prioritizing urgency. I initially took lecturing roles outside office hours, and now, with a diverse practice, I focus on shorter courses and sessions. Co-authoring was part of a job role, yet it significantly advanced my research direction, while NGO work is primarily “as required on site” role.
So, the support and belief of the good people around me drives me across these varied engagements, which keeps me motivated and energized!
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