Ms. Rachna Bakhru is a partner with RNA, Technology and IP Attorneys, an IP specialist law firm. She has an experience spanning over twenty years in matters ranging from brand clearances and risk assessment to litigation and ADR. She has worked on portfolios of large international companies and her industry expertise includes pharmaceuticals and IT. She advises clients on issues related to data protection,software piracy, domain disputes and online infringement. Here is her interview with Desi Kaanoon-
Q. After qualifying as a science graduate from Delhi University, you pursued a Diploma in Business Administration and a Bachelor’s Degree in Law from Delhi University. How did you ascertain your career goals while switching from one avenue to a different avenue?
A. After pursuing BSC in electronics from Hindu College, Delhi University, I was keen to do an MBA to learn management and leadership styles and add a qualification to my CV to find suitable employment opportunities. I chose to specialize in HR. Subsequently, I realized that you need to have a law degree for a successful HR person. However, after doing LLB, I developed a keen interest in the legal field. Starting from litigation at the district courts and high courts, I got the opportunity to work for an international law firm well known for its IP practice globally. There was no looking back after that. I can currently utilize my knowledge and learnings from all my education, i.e., BSC for patents, HR for managing a law firm as a partner, and LLB. My message to Gen Z and millennials is that your education never goes waste, so invest in your learning as much as you can.
Q. As the Head of the Dispute Resolution team of your partner firm, what is your job like?
A. I work with a team of lawyers and paralegals to advise clients on contentious intellectual property matters. This includes any conflict matters related to all intellectual property rights, including oppositions, cancellation, litigation and, resolving disputes through alternate dispute resolution mechanisms. I also advise clients on strategies to protect, enforce, and commercialize their intellectual property in India, including trade secrets in a cost-effective manner. I have a deep interest in data privacy and protection of personal data and advise clients on the Indian laws governing the protection of data, best practices and compliances by the companies, drafting and reviewing Privacy policies and Terms & Conditions of business. I have also been appointed as an Arbitrator to adjudicate .in and .co.in domain name disputes by NIXI (National Internet Exchange of India). Also, I have been appointed as a patent facilitator by India’s government to help startups protect their intellectual property in India and overseas.
I am very passionate about helping social enterprises working in India on various issues and work on a pro bono basis with them advising them on legal issues. My role as a team leader is to inculcate best practices amongst the lawyers and paralegals to make sure that the client’s interests always come first. Together we aim to deliver quality work and high standards of client service.
I am a member of the International Trademark Association (INTA) and Chair for Unreal Campaign sub-committee (south Asia, Middle East and, Africa). In this role, I enjoy conducting educational sessions for school and college students, making them aware of the types of IP and the harmful effects of purchasing counterfeit products.
Q. What went behind being acknowledged as the world’s leading Pharmaceutical and Life Sciences Patent Litigator in 2010 by the bimonthly magazine Intellectual Property Asset Management (IAM)? And several other recognitions by leading IP magazines globally.
A. During 2010, I worked on a landmark case related to pharmaceutical patents in India that was discussed globally. My articles and interviews on the subject of compulsory licensing were covered by leading IP magazines. I was fortunate to have received recognition from various leading IP publications worldwide during that year and subsequently. I wasn’t expecting this recognition in an international magazine, it came as a pleasant surprise, and I asked myself the same question, What did I do to get this?:) I am humbled and grateful to all the publications for giving me credible ratings such as IP stars (Patents) in India (2017, 2018, 2019) and Top 250 Women in IP around the world (2017, 2018, 2019, 2020), WIPR’s Influential Women in IP 2019, Women Star in IP‘ by Legal Era, 2019. I think the credit for the awards and accolades received by me goes to the clients that I have worked in the last 20 years who may have given positive feedback and to my team for their strong support.
Q. With several publications on IP related issues to your credit, what do you believe are the trending issues in the IP world as of now?
A. As more and more businesses go online, new types of IP issues emerge related to technology. The IP world’s trending issues relate to those in the online space such as E-commerce, cyber crimes, protection of confidential information and trade secrets, IP in the data stored on the cloud, IP ownership in Artificial intelligence, etc.
Also, the protection of personal data in the online space is an area of concern to most. In the coming years, we will see more focus on these areas.
Q. Kindly tell us more about INTA’s Unreal Campaign and how it helps law students and professionals.
A. INTA’s Unreal Campaign is close to my heart, and I am very passionate about the subject. INTA started Unreal Campaign in 2012 to create awareness amongst teenagers worldwide on the harmful effects of purchasing counterfeit products so that when these students grow up to become adults, they are responsible citizens and equipped to make smart purchase decisions. The Campaign is very successful as we sensitize students worldwide and educate them on the basics of IP, counterfeiting, and how it impacts the community, companies, and the consumer. The student engagement programs are exciting. It is nice to see the students interacting in the sessions confidently and expressing interest in the subject.
I was fortunate to have been appointed as a Chair of the Unreal Campaign for the Middle East, South Asia, and Africa sub-committee earlier this year. We are currently offering presentations and talks online through various platforms, and it has been an exciting experience.