Introduction
Over the past two decades, intellectual property rights (“IPR“) have gained a significant role in the growth of the global economy.
Brands, inventions, designs, and other kinds of creations are among the examples of intellectual property (“IP“) that are owned by individuals and businesses. Businesses often own some kind of intellectual property, which can be an asset to the company.
There are four major statutes governing the Intellectual Property Rights framework in India, including the Copyright Act (The Copyright Act 1957), the Trademark Act (The Trade Marks Act, 1999), the Patent Act [Patents (Amendment) Act, 1999 and The Patents (Second Amendment) Act 2002], and the Designs Act (Designs Act, 2000). The majority of these are based on English law. In order for the Indian Government to meet its international commitments under the TRIPS/WTO Agreement, the law must undergo fundamental reforms.
Status of IPR In India
On 12th May 2016, the Union Cabinet approved the National IPR Policy (see here), laying the foundations for India’s future with IPRs. In the Plan, it was acknowledged that there are innovative and creative energies flowing in India and that they must be channelled towards a better future.
As a “vision document”, the IPR Policy encompasses and combines all IPRs on one platform. Taking into consideration the interconnected nature of IPRs, it seeks to construct and exploit synergies between all forms of IP, relevant statutes and agencies. To implement, monitor, and review the process, this policy sets out an institutional mechanism. By incorporating and adapting global best practices, it will give Indian companies an edge.
According to a report by the Business Standard (see here), India has been ranked 40th among 53 economies, scoring 38.4 out of 100 on a set of 50 IP-related indicators, in the most recent annual edition of the IP Index which was released on March 24, 2021.
This index is published annually by the US Chamber of Commerce Global Innovation Policy Center (GIPC), which measures Intellectual property rights in 53 global economies across a range of topics, including patents, copyrights, and ratifications of international treaties.
Role of an IPR Lawyer
IP lawyers play an important role from the very first step of creating the intellectual property entity until its successful launch. Attorneys in IP law cater to a wide variety of roles which, in some cases, prove crucial to safeguarding IP.
An IP lawyer provides services, including but not limited to, patentability analysis, drafting, prosecuting and opposing, due diligence, developing effective patent strategies, trademark registration and protection, anti-trust and plant variety protection (PVP), etc.
IPR professionals will need to address the following questions:
- Which sub-domains have the most inventors?
- Do you have any patent gaps in your portfolio?
- What are the licensing opportunities for in- and out-licenses?
- Which markets are most important?
- How likely is it that the technology area will be disrupted shortly?
- What are the best collaboration, funding, and acquisition opportunities for the client, Etc.
The following are some of the tasks performed by an IP lawyer:
- Preparation and filing of the necessary documents for patents and trademarks.
- Representation of individuals and organizations facing allegations of unfair use of intellectual property.
- By researching the case, IP lawyers can infer laws and rules that can be followed for the clients’ benefit. This information can then be used to prepare many different documents related to the case. Additionally, their communication procedures include verbal and non-verbal interactions with clients and legal professionals involved in that practice area.
- Prosecutions and oppositions can be handled by IP lawyers. In cases where an objection is raised, the attorney can either defend the registration claim or raise objections to it. Registries and examiners review the work. The Intellectual Property Appellate Board (IPAB) can also hear appeals from dissatisfied parties.
- An IP attorney can act as a trade secret agent where he/she can work to preserve secret formulas, designs, and production techniques for the respective firm(s).
- An IP lawyer should be familiar with the process of registration of trademarks in India, which will involve examination of the application, preparation of a user affidavit, filing a counter-statement, etc.
- An IP lawyer should have excellent drafting skills to draft complex agreements such as Synchronisation License Agreements, Music Production Agreements, Music Distribution Agreements, Option Purchase Agreements, Product Placement Agreements, etc.
- Apart from registration work, prosecution work, licensing and litigation, the attorney should have a certain amount of knowledge of media and entertainment law.
What Are The Top Skills An IPR Lawyer Possesses?
IPR professionals must acquire the following skills to obtain expertise:
- Knowing how IP law works and how it can impact an individual’s or firm’s life is essential.
- Having expertise in the field of legal and technical writing.
- Ability to perform complex research on IPR-related cases.
- Assisting the senior legal professionals/executives with the legal questions and helping them form accurate business strategies.
- Giving legal opinions to clients on implementing brand development strategies in respect of trademark development, brand promotions, domain transfer deals, etc.
- Deals involving licensing and assignment are profitable. Lawyers with exceptional abilities in this area are well on their way to the top. Developing these skills and working in a role that requires such work is something you should pursue.
- Conducting due diligence. This may involve conducting extensive research on the IP portfolio of the target company in an M&A transaction or conducting internal due diligence to reduce the expenses of the firm.
- Drafting international deals, patent applications, claims, and amendments, etc.
- Preparing and filing patent and design applications.
- Effectively communicating with clients, other legal professionals of the field, etc.
- Familiarity with worldwide IPR laws of major developed countries.
How To Become A IPR Lawyer in India?
Those seeking a career in the field of IP Law can pursue both undergraduate (“UG”) programs and postgraduate (“PG”) programs. In UG level courses, candidates must complete an integrated law course after finishing a basic graduation degree. Usually in such cases, an elective paper on Intellectual Property in provided. On the other hand, in PG level courses, students can specialize exclusively in IP Law. There are several PG level courses in IP law; however, some popular ones are the following:
- LLM in Intellectual and Industrial Property Law,
- LLM in Intellectual Property Rights, LLM in Intellectual Property
- LLM in Business Law, etc.
Aspirants can also pursue diploma and certificate programmes in IP Law, in addition to degree programmes. The following are some of the popular courses:
- Diploma in IP Laws,
- Post Graduate Diploma in IP Laws,
- Certificate in IPRs- Law and Procedure-Advanced Level,
- Post Graduate Diploma in IPR and Labour Laws,
- Certificate in IPR and Patents Law,
- Certificate in IP Law,
- Post Graduate Certificate in IP Law and Practice etc.
Conclusion
Innovation is driving businesses more and more, the government is pushing for the development and protection of IP for ease of business. Similarly, start-ups are getting grants and subsidies so that they can build IP assets, thereby leading to a steady rise in demand for IP lawyers.
An IP attorney can have a rewarding career in a technologically savvy world. Due to the exponential evolution of technology, IP attorneys need to adapt to stay at the top of the learning curve. Several IPR professionals have significant revenue potential in this dynamic world as they continue to build expertise and remain relevant.
YLCC would like to thank Nikunj Arora for his valuable inputs in this article.
