Rahul Chaudhry

How is generative AI (eg, ChatGPT) affecting your day-to-day practice?

We, like other professional service industries, have historically relied on human expertise, experience and conservative methods of legal practice to effectively serve our clients. While generative AI has shown significant potential to streamline legal research processes, our law firm does not solely rely on it. Instead, our firm continues to value and prioritise human judgement, interpretation and discretion in handling complex legal matters. We believe that generative-AI tools can supplement but not serve as a replacement to conservative legal practices – they enhance efficiency, streamline workflows and improve productivity rather than fundamentally alter the nature of legal services.

Moreover, the legal profession places a high premium on trust, confidentiality and ethical standards, which necessitate careful consideration and oversight when integrating AI technologies into legal processes. While generative AI is becoming increasingly prevalent in the legal industry, we continue to operate within a framework that balances technological innovation with the enduring importance of human expertise and client-focused services.

As managing partner, what does inspiring leadership look like to you?

I believe that inspiring leadership embodies a multi-faceted approach that combines vision, integrity, empathy, courage, empowerment, communication, resilience and authenticity. It begins with a clear and compelling vision that guides the team towards shared goals and objectives. Integral to this vision should be the leader's unwavering commitment to honesty, transparency and ethical conduct, fostering trust and respect among their team. Empathy plays a crucial role for leaders to understand and acknowledge the perspectives and needs of their team, which in turn fosters a supportive and inclusive environment. Courage enables leaders to make bold decisions, take risks and navigate challenges with resilience and determination, inspiring others to do the same.

Most importantly, empowerment lies at the core of inspiring leadership, as leaders can provide opportunities for growth and development, delegate responsibilities and encourage autonomy. Further, effective communication ensures alignment and motivation, while authenticity builds trust and credibility. Through these qualities, inspiring leaders not only motivate their teams to achieve excellence, but also provide a positive impact on the organisation and society as a whole.

How have you seen client expectations evolve over the last 12 months, and how is your practice evolving to meet these?

Clients demand greater accessibility and flexibility in the delivery of legal services. They expect law firms to offer seamless access to legal advice and resources, necessitating the implementation of remote-friendly technologies and communication platforms. We embrace the use of digital platforms, virtual communication and newer tools to increase efficiency and improve interactions with clients to understand their needs and better cater to them. We also extensively discuss strategies and streamline processes to stay competitive in a rapidly evolving legal environment.

If you could change one thing about the Indian trademark regime, what would it be and do you think it is likely to happen?

If I could change one thing about the Indian trademark regime, it would be to streamline and expedite the registration process. Currently, this process in India can be extremely time consuming, often taking several months or even years for registration to be granted. This causes delays and uncertainty for businesses seeking to protect their trademarks, especially in industries with rapidly evolving markets and technologies.

I would also advocate for the implementation of measures that simplify and accelerate the registration process, such as improving the Registry’s online services (which are very erratic and slow), increasing the efficiency of trademark examinations and reducing the backlog of pending applications. This would not only benefit clients by providing them with faster and more reliable trademark protection, but would also contribute to fostering innovation, investment and economic growth in India.

While such reforms may face challenges and resistance – particularly in terms of resource allocation and administrative capacity – I believe that they are feasible and have the potential to significantly improve the effectiveness and competitiveness of the Indian trademark system. Moreover, given the importance of trademarks in promoting consumer confidence and trust, encouraging competition and safeguarding IP rights, I am optimistic that there would be strong support for reforms that enhance the efficiency and accessibility of trademark registration in India.

What steps is your firm taking to improve hiring processes to increase DEI in the workplace?

India is incredibly diverse, encompassing a vast array of cultures, languages, religions and ethnicities. To advance DEI in our firm’s hiring practices, we have set a precedent for inclusive hiring procedures. We actively seek candidates from diverse backgrounds from various colleges and law firms across the country. We have set up structured interview processes, bolstered by diverse interview panels, which help us to mitigate bias in candidate evaluation. We also conduct training sessions for our interviewers on recognising and addressing unconscious bias like gender, religion and caste. We believe that cultivating an inclusive candidate experience throughout the recruitment journey is crucial for fostering a sense of belonging among applicants. We cultivate a workforce that mirrors the diversity of the communities it serves, thereby enriching our practice as a whole.

What judgment or legislative development from the past year is having the biggest impact on trademark strategies in India today?

The case between The Hershey Company and Dilip Kumar Bacha, trading as Shree Ganesh Namkeen, was a significant legal dispute that revolved around the cancellation of a registered trademark. The Hershey Company, a well-known multinational company based in Pennsylvania, United States, filed a cancellation petition under Section 57 of the Trademarks Act. The petition sought the cancellation of the registered trademark HARSHY. This mark was registered in the name of Dilip Kumar Bacha, the proprietor of Shree Ganesh Namkeen. Shree Ganesh Namkeen is a business based in Indore, Madhya Pradesh.

The matter was taken up before the Delhi High Court. A significant point of contention in this case was the jurisdiction of the court to deal with the rectification/cancellation petition filed under the Trademarks Act.

The case has been transferred to a five-judge bench. This judgment will be significant as the case raises important questions about the jurisdiction of the high courts in dealing with cases under the Trademarks Act. The outcome of this case could potentially influence future trademark disputes and the jurisdiction of high courts in India.

The Indian pharmaceutical industry is booming and looks set to expand further in the coming years. What steps should brand owners take to protect their rights in this growing space?

As the Indian pharmaceutical industry experiences significant growth, we believe that the brand owners must be vigilant in protecting their IP rights to maintain their competitive edge. Securing trademark registration for brand names and logos is crucial to prevent unauthorised use and infringement by competitors. Additionally, obtaining patents for innovative pharmaceutical formulations and manufacturing processes can safeguard against replication by others.

Further, implementing monitoring systems to detect counterfeit products and taking prompt legal action against infringers helps protect brand integrity and market share. Licensing agreements with clear terms and conditions can allow controlled third-party use. Education initiatives within the organisation and collaboration with authorities and industry associations can also strengthen IP protection. Exploring solutions like market surveys and ways to fight against counterfeiting adds an extra layer of security. Finally, developing global protection strategies is crucial for safeguarding rights in the Indian market. By undertaking these steps, brand owners can effectively safeguard their IP rights amid the booming growth of the Indian pharmaceutical industry.

What has been your biggest professional challenge to date, and how did you overcome it?

My biggest professional challenge to date has been driving sustainable growth for our law firm amid economic volatility during the covid-19 pandemic. Economic uncertainty led to reduced demand for legal services as businesses and individuals prioritised cost-cutting measures. Moreover, clients delayed and suspended legal projects – especially in intellectual property – due to financial constraints and shifting priorities. Remote work arrangements and disruptions to court proceedings also affected the firm's ability to deliver services efficiently and generate billable hours.

Uncertainty surrounding the duration and severity of the pandemic further complicated strategic planning and resource allocation for long-term growth. Further, the pandemic accelerated digital transformation, requiring us to invest in technology and adapt to remote service delivery models to remain competitive. Balancing these challenges while maintaining service quality, retaining talent and preserving financial stability presented a significant hurdle.

To overcome these challenges, the firm adopted a multi-faceted approach. We realised that adaptability and agility are paramount, necessitating a keen awareness of shifting market dynamics and a willingness to adjust our service offerings and delivery models accordingly. We also undertook operational efficiency, driven by technology adoption and optimised costs without compromising our service quality. We also retained top talent by robust financial planning and risk management strategies, which ensured our business continuity amid uncertainty. We also undertook leadership initiatives and engagement efforts, which enhanced the law firm’s visibility and attracted new clients. By embracing these strategies, we successfully navigated economic volatility and emerged stronger for sustainable growth in the post-pandemic landscape.

Counterfeiting continues to rise around the world. What are your top tips for taking counterfeiters to court – and why is it an effective strategy?

The persistence of counterfeiting as a global issue underscores the need for ongoing efforts to combat this illicit activity. Counterfeit goods not only infringe upon IP rights but also pose serious risks to consumers, economies and public safety.

Taking counterfeiters to court requires a strategic approach. Thorough evidence collection is paramount – gather documents, witness statements and purchase records to establish the counterfeit nature of the goods and the infringement of IP rights.

This is an effective strategy because it provides:

• Deterrence – legal action sends a strong message that counterfeiting will not be tolerated, deterring counterfeiters and others from engaging in similar illegal activities.
• Protection of rights – court proceedings allow rights holders to assert and defend their IP rights, safeguarding their brands, products and innovations.
• Financial compensation – successful litigation can result in financial compensation for damages incurred, which helps to recover lost profits and cover legal expenses.
• Injunctions and remedies – courts have the authority to issue injunctions, seize counterfeit goods and impose penalties on counterfeiters, effectively disrupting their operations and preventing further harm.

You previously told us that the challenges faced by your India-based clients when it comes to obtaining protection abroad are multi-faceted. Twelve months on, how have these evolved, and how do you predict that they might further change over the coming year?

The challenges faced by our India-based clients in obtaining trademark protection abroad have reduced significantly in the last 12 months. As recommended by us, they have started filing trademark applications as soon as they launch their brands in other countries and including an ownership clause in the licensing agreement that warns distributors and licensees against applying for registration of the same mark in their name. They have started to conduct prior searches and opt for worldwide watch services so that they are aware well in advance of any party misappropriating their valuable trademarks.

Over the coming years, we believe that the use of blockchain for securing and managing IP rights will surely become more prevalent. Blockchain would be extremely beneficial as it provides a transparent and immutable record of ownership and transactions that can be employed to establish and verify the authenticity of IP assets, such as trademarks. Recording ownership information on a blockchain can establish a tamper-resistant and time-stamped record, which can provide reliable proof of ownership.