IP practice is making strides in DEI – but experts express concern over gaps in gender representation
The need for greater diversity, equity and inclusion (DEI) has been gaining traction across the trademark landscape in recent years. Practitioners are increasingly recognising the value of diverse work forces and are working hard to cultivate inclusive strategies that do right by their employees and clients.
Many of this year’s annual WTR Global Leaders revealed success stories when asked about DEI at their firms, emphasising the numbers that reflect their progression and outlining how their tailored initiatives are furthering equitable practices. However, some trademark experts noted stark shortcomings on gender equality in IP practice, calling for better training to improve hiring processes.
Some are missing the mark on gender DEI
After admitting last year that Indian firms had not been taking DEI processes seriously enough, Shwetasree Majumder at Fidus Law Chambers said that 12 months on, she does not believe “the dial has moved”.
“The absence of policies has been covered up by pinkwashing,” she says, drawing attention to a prominent IP firm that advertised itself as “women-led” for International Women’s Day as an example. “Its managing partner is male, as are four out of five people in its senior leadership!” Majumder stresses. She further notes that a top Indian IP law firm was reported to have recently fired a female attorney during her maternity leave, which Majumder deems an “unthinkable” action. “In India, law firms get away with it because there is no accountability,” she laments.
Elsewhere, Haiyan Ren at Wanhuida Intellectual Property says that while “the majority of IP practitioners are women, they remain a distinct minority among partners and managers”.
Moving the dial on DEI in private practice
Despite Majumder’s and Ren’s concerns for gender equality in intellectual property, others spoke of progression in this space. Tae Yon Cho at Cho & Partners says that there has been “significant improvements”. He boasts “an equal number or more women graduating from law schools” and says “the number is consistently growing. Even in our office, there is a 50:50 ratio of male-to-female attorneys at both the partnership and associate levels”.
Ren also speaks of her own efforts “to create a women-friendly environment” at Wanhuida. She aims to ensure that women’s “voices are heard and that they have equal opportunities”. As a result, the gender gap at partner level has been narrowed. “Half of our partners are women, and two of them are on our eight-member management committee,” Ren says. The firms’ mentoring scheme also “pays special attention to women attorneys”, offering guidance on career development and a good work-life balance.
Similarly, Peter Schramm at MLL Legal says that his firm has “several alternative career paths that make it possible to combine work and family”. He also draws attention to the firm’s membership of Women in Intellectual Property, “a non-profit organisation dedicated to promoting the development and commitment of women who are active in the IP field, an industry which is still predominantly male”. Schramm’s legal team consists of nine women and nine men, a reflection of MLL’s inclusiveness.
“Most of the lawyers at our firm are women,” adds Susan Villanueva at Cruz Marcelo & Tenefrancia. She attributes this to “a conscious DEI policy” that should be “adopted and implemented by hiring committee[s]”.
Hiring strategies
Across the board, this year’s Global Leaders champion a thorough and inclusive hiring strategy facilitated by awareness training.
Villanueva references her firm’s “commitment to meritocracy”, which is reflected in its hiring practices. “One of the policies that we have adopted at our firm is an anti-nepotism rule that prohibits the hiring of any child of a partner,” she explains.
Wanhuida’s Hui Huang emphasises the importance of “firm culture and work atmosphere (ie, openness and equality)” over salary and benefits. This enables the firm to attract and retain first-rate talent, he says.
Saul Santoyo Orozco speaks highly of Uhthoff Gomez Vega & Uhthoff’s “permanent policy of reaching out to universities and law schools in order to attract new practitioners”, as well as other initiatives, such as “financing their graduate studies and specialisation”.
Similarly, Rahul Chaudry at Rahul Chaudry & Partners says that he “actively seek[s] candidates from diverse backgrounds from various colleges and law firms” across India to advance DEI in his firm’s hiring practices. In addition, a “diverse” interview panel and interviewer training sessions are helping the firm to mitigate bias in candidate evaluation. Not only does this foster a “sense of belonging among applicants”, it also “cultivate[s] a workforce that mirrors the diversity of the communities it serves, thereby enriching our practice as a whole”, Chaudry insists.
Elsewhere, representatives at Brooks Kushman say that there is no doubt that their firm’s “DEI efforts are also client-driven, and Brooks supports and responds to this call”.
Room for improvement
Similarly, Majumder encourages clients to “insist on transparent disclosure of DEI policies and initiatives and have them independently audited when a firm pitches for work to push firms to do better”.
There is still work to be done, though. According to Ren, DEI in China “is still in its early stages”, and “more training and education are necessary to enhance awareness at the HR and management levels”.
Vida Panganiban-Alindogan’s firm SyCip Salazar Hernandez is constantly reviewing and evaluating its hiring processes to identify areas for improvement, but “the IP industry could provide more training and educational programmes to raise awareness about DEI issues and promote a culture of inclusivity”, she notes.
Ultimately, our 2024 Global Leaders are proving successful in mitigating biases within their IP firms, but they are calling on practices to provide further training for hiring committees and to strive for equal representation at every level in order to cultivate an inclusive and diverse work force.
Global Leaders is WTR’s annual opportunity to showcase some of the world’s top private practice trademark experts, allowing them space to share valuable insight into the most pressing issues dominating the IP landscape and their thoughts for the future. The full 2024 edition is available now.