NLSIU grad pens book on remedies in Intellectual Property Its time Courts articulated more structured ways of adjudicating trade mark disputesquot

Ananth Padmanabhan, a graduate of the National Law School of India University, Bangalore (Class of ‘07) has recently penned a book on intellectual property titled “Intellectual Property Rights: Infringement and Remedies”. Targeted at law students and practicing lawyers alike, the book is attracting a fair bit of attention. In an e-mail interview, Ananth tells Bar & Bench about the origins of the book, the changing IP regime in India today and how academic research and writing can be encouraged in India.

Ananth Padmanabhan, a graduate of the National Law School of India University, Bangalore (Class of ‘07) has recently penned a book on intellectual property titled “Intellectual Property Rights: Infringement and Remedies”. Targeted at law students and practicing lawyers alike, the book is attracting a fair bit of attention. In an e-mail interview, Ananth tells Bar & Bench about the origins of the book, the changing IP regime in India today and how academic research and writing can be encouraged in India.

Bar & Bench: First off, congratulations on the book. Four years of hard work seems to have paid off. How does it feel to see the book on the stands?

Ananth Padmanabhan: It feels great. And there has been quite a bit of positive feedback, which makes it all the more satisfying.

B&B: So going back a bit, you graduated from NLSIU in 2007, worked in Bangalore for a brief while and then joined the chambers of Arvind Datar. When and how did you get the idea of writing this book?

AP: I am eternally grateful to Mr. Datar for having mooted this idea, though the book as it stands today goes beyond what was suggested by him. This book essentially started off as a handbook to address remedies, specifically of the injunctive kind, in IPR cases. However, in the course of writing, it has metamorphosed into something a lot bigger and better.

B&B: Why did you choose the field of IP? Were you interested in this as a law student?

AP: I was interested in law generally but had no special interest in IP back then. My relation with IP was always more through linkages such as private property debates and freedom of trade and expression rather than a direct one. Once I joined Mr. Datar’s chambers, I got the opportunity to see IP litigation at very close quarters and that really cast the dice in favour of this very fascinating and conceptual area of law. 

B&B: The book seems to be targeted at both practicing lawyers and law students as well. Was that a conscious decision on your part?

AP: Again, not when I started writing this book. There would naturally be few takers among law students for a book mooted as a handbook on IPR injunctions. However, when the scope of this book widened, my desire to make it more accessible to law students took concrete shape and many portions of the book finally underwent rewriting to meet this objective.

B&B: You have devoted a significant section to the recent amendments in copyright law. Could you share a brief opinion of the same?

AP: I think at a policy level, the amendment wishes to bring in a more equitable structure of royalty sharing. It also seeks to address various problems with the running of copyright societies, a laudable object by itself. However, when viewing its provisions from the forensic eye of a legal analyst, I do see several gaping holes and interpretative concerns. My discussion of the amendment has addressed these. On the positive side, the newly introduced fair use provisions are progressive in outlook and were very much the need of the hour.

B&B: What do you think of the IP regime and enforcement of IP remedies in India? Any thoughts on the recent spate of John Doe orders?

AP: I think its time our Courts articulated more structured ways of adjudicating trade mark disputes and granting injunctions. As far as John Does are concerned, I am all in support of such orders as long as they are not being enforced like gagging orders or through the imposition of severe consequences on ISPs and legitimate file sharing sites,

B&B: What is your opinion of the culture of academic writing in India, more specifically in Indian law schools? How can law students, in your opinion, be incentivised to devote more time to research and publication?

AP: I am not an insider to really comment upon the same, but I do feel that with blogs like SpicyIP and the Indian Corporate Law Blog, there is heightened possibility of critiquing judgments as soon as they come out. Some of the younger academics are making full use of these and other avenues to make their views clear. That’s a wonderful thing. Overall, individuals like Yogesh Pai, Shamnad Basheer, Madhav Khosla, Prashant Reddy, V. Umakanth and many other young academics / researchers are writing high quality articles and books, and things are certainly looking up.

I think the best way to get law students to start writing is by getting them involved with work that is carried on at research centres. Every law school should look towards setting up high quality research centres where students interested in different areas of law can get themselves involved with the work and slowly convert their research into publications.

B&B: Any advice for someone interested in undertaking a similar exercise?

AP: I feel that I took way too long to write this book simply because I ignored something Mr. Datar had advised me. Write some bit every day! I kind of wrote in spurts and only when I had large chunks of time such as court vacations, for instance. That kills continuity and makes you work double at a later stage to get things like writing style and structure right all over again.

B&B: Lastly, what are your future plans?

AP: I am seriously looking to do my Masters, hopefully next year, and then transition to academia. That’s where I think I truly belong.

The book can be purchased from the Lexis Nexis site here.