You are celebrated for your “court craft and innovative strategies”. What is the secret to a winning approach before the courts?

The secret to a favourable decision for your client is working on a strong mix of knowledge, time and effort, having a firm grasp of the facts and an effective strategy. I have put in more than 20 years of effort to be where I am today. This investment is no secret, but what I have gathered is that once inside the courtroom, you should be ready to take every opportunity. Strategy is one thing, but there are days when strategies do not come in handy. Then, the ability to think on your feet comes to the rescue.

However, it isn’t always about the lawyer. A lot depends on the judge’s academic background and personality. For example, it is easier to present an SEP matter to a judge with technical expertise. The strategy for a non-technical judge is different. One must keep innovating and reinventing strategies, and understand how far to go before a certain bench and when to press pause. 

Learn from the good days but never discount bad days – they teach you to take adversity in your stride. 

What could the industry be doing to improve hiring processes to increase DEI in the workplace?

We must focus on an individual’s skills rather than their background, educational or otherwise. At Anand and Anand, we hire individuals from varied backgrounds. 

We focus on the skills they bring to our talent pool. We may not have an immediate opening for them but if they have the skills, they become a part of our team. This is why Anand and Anand has chemists, scientists, technocrats, chartered accountants, business administrators, former media professionals and graphic designers in its family of more than 400 professionals. All of this is in keeping with our policy of equal opportunity for all without discrimination based on caste, creed, sex, region or religion.

If you could change anything about the patent enforcement process at the Indian courts, what would it be, and do you think it is likely to happen?

We have come a long way in patent enforcement with the establishment of the IP division. It started with Delhi High Court. The Madras and the Calcutta High Courts followed suit. Others like the Gujarat and Bombay High Courts are also moving towards establishing IP divisions. This is commendable.

However, what we need now more than ever is a bench with sound technical and scientific knowledge. In Germany, judges who are also chemists decide on important patent matters. This not only saves parties the hassle of having to oversimplify scientific arguments but also checks erroneous understanding. In India, intellectual property is emerging as a key issue in the manifestos of political parties. The country is also a booming market for pharma giants in the face of increasing lifestyle diseases. We cannot have generic companies enjoy freedom to copy lifesaving drugs. Hence, the appointment of judges with technical and science backgrounds is on the horizon, which might also check docket explosion and far-stretched litigation.

In your view, what is the best strategy for demonstrating the value of patent portfolios to the C-suite?

The C-suite must understand intellectual property, science and technology. A patent attorney should be able to convey what needs to be patented, its relevance and commercial significance. A patent portfolio should align with the client’s business strategy while identifying gaps in their IP assets. It should demonstrate the cost of patent maintenance against revenue generation or benefits to the client. Starting with comprehensive audit of existing patents, an effective portfolio should help clients establish a great market position, decide future investments and strategically roadmap for growth and maintenance. 

What aspects of your work do you enjoy most, and why?

I enjoy brainstorming and devising strategies to get the best results for my clients. Obviously, I love being in the courtroom. There is a different vibe, a sanctity and an adventure associated with litigation. You give your best but encounter challenges – some foreseen, some totally unexpected. You win or you lose, only to pick up from where you left. I like this level of commitment; it keeps us going for great work.

Connecting with my clients brings me immense pleasure. I have had the good fortune of working closely with them and we share respectful relationships. It takes years to build this level of trust and faith, making it priceless.