This article is written by Ramanuj Mukherjee, CEO, LawSikho.

Since you are interested in IP law or maybe media and entertainment law, you must be wanting to know who are the best law firms in this space. Should you go for the biggest law firms, known as the top tier? Or are the niche firms doing the very best work in this space?

Where is your career likely to grow faster as a media and entertainment lawyer? Or even as an IP lawyer specialising in the media and entertainment industry?

You probably want to work with, hire as an in-house counsel or collaborate with the top firms at some point if you are going work either as an IP lawyer or a media and entertainment lawyer.

I have a list for you. So do you think you will like to work with them? Or perhaps you will be hiring them one day as an in-house lawyer working for a major production house?

Let’s jump in.

• Naik Naik & Co.

Established in 2004, the firm boasts of a large clientele with big names from the industry such as Mr. Amitabh Bachchan, Ms. Deepika Padukone, Ms. Sonam Kapoor amongst many others. It also represents productions houses such as T-Series, Viacom 18, Endemol and Tips Industries.

With major wins such as securing the stay on the ban notified by four states of India on the screening of Padmavat earlier in the year to the recent win in the Supreme Court for Madhur Bhandarkar and Bharat Shah on the release of their movie Indu Sarkar. Not only does the firm have major wins to their name, but also a number of crucial judgments in the media space are to their credit. Be it the judgment passed by the Supreme Court in the Aarakshan Case in 2011 which is now considered a landmark, to securing John Doe orders from the high courts in India to fight the menace of piracy, the firm has a lot of golden hats in its kitty!

They don’t just understand the law, but also understand the business, which helps them deliver better results than their contemporaries in the market.

Ms. Madhu Goradia and Mr. Ravi Suryavanshi are the partners who deal with the Telecom Media and Technology (TMT) practice of this firm. Ms. Goradia alone has represented clients in over 500 cases!

With three office in Bombay and numerous accolades, I believe it is safe to say that Naik dominates the legal business in the media industry. In case you’d like to know more about the firm and their practice, you can visit their website here.

• DSK Legal

The firm has a multi-disciplinary team with over a 100 lawyers spread across their offices in Mumbai, Pune and Delhi. It is one of the fastest growing law firms and we will not be surprised if it comes to be regarded as one of the top tier firms soon, a distinction last won by Trilegal at least a decade back.

If we are to look specifically at the team members that work in the IP Law and TMT sector, three names would have to be mentioned: Mr. Anand Desai (Managing Partner), Ms. Chandrima Mitra (Partner) and Mr. Tushar Ajinkya (Partner).

DSK Legal has been handling both disputes as well as transactions for its media clientele. This is the law firm that represented Salman Khan in the 2002 hit and run case and responsible for the speedy bail they received in the matter within 5 hours of the sentence being pronounced.

On the transaction side, Aamir Khan is an old client of Mr. Desai. The firm was responsible for structuring a finance-cum-distribution deal with PVR for Aamir Khan. Mr. Desai was also responsible for structuring the co-production between Sanjay Leela Bhansali and Sony Pictures for the movie Saawariya. Back then, it was one of the very first times that a major foreign company was co-producing a movie in India and it was absolutely important that the rights to exploitation of the film were negotiated well.

Being a full-service law firm, DSK also advices some of its media clients on tax issues. A number of producers in India look at the option of vesting their rights in the film in Mauritius to save up on tax, especially with the increasing revenue being generated from abroad.

DSK also has the advantage of having a full fledged corporate transactions and investment advisory practice that is also used by media and entertainment majors from time to time.

• Saikrishna and Associates

A pioneer in intellectual property laws, Saikrishna and Associates is a full-service law firm with over a 100 lawyers and 19 Partners and Associate Partners. The key names to note here are Mr. Saikrishna Rajagopal (Managing Partner), Mr. Ameet Datta (Partner, IP and TMT), and Ms. Monica Datta (Partner). It is not only about the business, Saikrishna is considered one of the best places to work for and is known for its humane culture which is very rare in law firms.

Established in 2001, the firm not only has a huge clientele that includes industry giants such as Star India and Amazon, but also has landmark judgments to its credit. The Doordarshan sports broadcast decision of the Delhi High Court wherein the High Court ruled that Prasar Bharti could only air the footage that other sports broadcasters share with it as mandated by law on terrestrial TV and not on Cable TV is one of the many.

More recently, Saikrishna was also responsible for securing an order from the Competition Commission of India (CCI) approving the release of Avengers: The Age of Ultron after the commission found no anti-competitive behaviour by the Hollywood producers. The firm was acting on behalf of their client Walt Disney.

• Nishith Desai & Associates (NDA)

NDA has been in the news for providing all-around services in the media and entertainment sector to a number of big names in the industry such as the Times Group, Wipro, Reliance Entertainment, Warner Brothers Entertainment Inc., Sahara, MTV, etc. Gowree Gokhale is the Partner concerned for Intellectual Property and TMT.

NDA is the other contender for a spot as a Tier 1 law firm in years to come. They are not only huge, but has a sterling reputation. Only if there was any independent way to determine size and reputation of law firms, NDA may have beaten some of the big law firms objectively.

The firm specialises in advising the entertainment industry on 14 different aspects: Strategy, Structuring, Regulatory, Documentation and Advisory, IP Advisory, Due Diligence, Production Counsel, Talent Arrangements, Sports, Online Gaming and Casino Laws, Print Media, Joint Ventures and M&A, Capital Markets and Funds & Investments, and Litigation.

To mention a few of their important achievements, they have assisted clients in their proposed bids for the Indian Premiere League for the broadcasting rights and their proposed bids for acquiring Indian Premiere Leagues’ franchise teams. In addition, NDA acted as production counsel to the critically acclaimed Indian film “Black”. As production counsels for “Black”, they advised the client on a host of intellectual property issues arising out of the production of the film.

• Krishnamurthy and Co. (KLaw)

Nikhil Krishnamurthy is the key person responsible for setting up the Entertainment and Media law practice at KLaw. A former partner at Anand and Anand, Nikhil moved to KLaw as Senior Partner in 2006.

Mr. Krishnamurthy works out of the Bangalore office and has experience of over 18 years. The firm specialises in cases on intellectual property law (IP Litigation), entertainment law, music law, content acquisition, licensing and information technology.

In an interview with indianlawyer250.com, he spoke about his role in India’s first case concerning compulsory licensing of music for radio broadcasting. He represented the FM Radio broadcaster (Music Broadcast) and filed the first application before the Copyright Board under the provisions for compulsory licensing for the purpose of radio broadcast in 2001. The provision had never been exercised in the 43 years that the Copyright Act 1957 had been in force. This very case spun a series of litigations that eventually led to amendment of the Copyright Act in 2012.

Are these the only law firms that specialise in Media and Entertainment Laws?

No. This is not an exhaustive list. There are a number of other law firms that have a legal team dedicated to the TMT sector such as Khaitan & Co. and Anand & Anand & Khimani. In addition, TMT Law, a boutique law firm dealing with specifically the TMT sector headed by NLS alumnus Abhishek Malhotra, recently merged with Bharucha & Partners and has a flourishing media litigation practice!

The question for many law students and aspiring media lawyers still remain the same: how do we make it to these law firms? What will it take to land a job here?

The first step is to know the basics of media and entertainment laws and as we can clearly see, with the sort of work these law firms do, a clear understanding of the media industry and the legal/business issues it faces is critical.

You are soon going to get a mail from us with a list of 35 skills that IP lawyers should learn to make a place for themselves at top IP or Media and Entertainment law firms. You will also get a mail about the top IP law firms that you may want to work with, created based on a survey of IP lawyers below 30.

I know, I know, you don’t have to thank me. We keep doing this kind of research for the benefit of our students, all the time, and you can expect a lot more valuable mails from us (some occasional advertisements of our courses too).

Unfortunately, most law schools in India do not teach media and entertainment laws as a course subject at all, and some of them now teach Intellectual Property Rights, although not at all adequately.

There are two ways to go about this, either you land a job (somehow) and learn on the job; or you make a conscious decision of learning the law through the available resources at hand.

You could keep a tab on the media and entertainment law columns on Legally India, Bar and Bench and Live Law.

You could regularly keep reading blog posts and articles on the industry and watch the news!

In addition, you can take up a media law course online that offers you industry insights and networking opportunities with lawyers working exclusively in this industry. And if you’re looking for easy information on the kind of work media lawyers do, there is always SuperLawyer for practical insights!

In my limited experience, the industry is tight-knitted and making it here is difficult to be absolutely honest. The sector is niche, the number of people rooting for a job at these law firms are in hundreds if not thousands, and the positions available are limited. You’ve got to be mentally prepared for a fight, however, with the right set of skills and domain-knowledge, you may be able to set yourself apart!

This is a Guest Post by Eshan Bhardwaj which discusses on Triumphs and Failures of Corporate Social Responsibility in India.

Introduction

“What corporations do to society is far more important than what corporations can do for society”   -Peter Druker

Corporate Social Responsibility(CSR) is how companies manage their affairs to produce an overall positive impact on the society. It covers sustainability, social impact and ethics about core business – how companies make their money – not just add-on extras such as philanthropy.

The Concept of Corporate Social Responsibility for firms and businesses has undergone a radical change since its early days and has evolved from a mere slogan to the present day situation where it is considered no longer a fashion but as the part and parcel of a company’s functioning to be socially responsible.[1]

Companies need to answer two aspects of their operations.

1. The quality of their management – both in terms of people and processes (the inner circle).
2. The nature of and quantity of their impact on society in the various areas.[2]

The reason that the firms should put their heart and soul while carrying out CSR activities is that humanity finds itself in the second decade of the 21st century and taking into considerations of all the political, economic, social, and environmental problems that the humans are facing, corporations have a serious responsibility of playing their role in contributing to the well-being of mankind and society.

CSR has become an integral part of a company’s functioning and today it has become indispensable that a firm demonstrates such responsibility. Although, earlier it was not a legal compulsion that had to be walked through by any firm, but following it was considered as a good practice for taking into account social and environmental issues.

In recent times, Corporate Social Responsibility has been considered vital for the success of any firm. The 2015 Cone Communications/Ebiquity Global CSR study found that a staggering 91% of global consumers expect businesses to operate responsibly to address social and environmental issues. Furthermore, 84% say they seek out responsible products wherever possible. Above stats show that the consumer is getting more aware of the CSR with each passing day and they tend to buy products only from those businesses that follow ethical rules. Since, CSR depicts that a corporate follows ethics and thus cares about the society, rather than just minting profits. This helps in attracting customers who share the same values and interests[3].

Following a sustainable and ethical approach provides a corporate with scores of benefits[4] and among them, the most prominent one is increased customer engagement. Customers are considered as the part and parcel of a business, so when a business involve itself in the well-being of a society and environment, it creates a buzz among the customers and they get attracted towards the policies of that particular business. Further, a huge and a faithful consumer base helps the businesses in getting a competitive advantage over their peers and makes them stand out as the favourite[5]. A socially responsible behaviour from the businesses brings professionalism and dedication to the table for employees. Working for the benefit of society brings a feeling of pride and contentment in the minds of the employees. This results in employees being more effective and efficient towards their duties[6]. Also, when a corporate works for the betterment of the society, they tend to avoid situations that cause a detrimental effect on the goals of the company. A positive and altruistic approach towards the society helps the firms in building an indelible imprint on the mind of their customers and this approach provides the firm with an upper hand over their competitors[7].

Companies Act 2013

Seeing the importance of CSR, the new companies law, enacted on 29th Aug. 2013 has introduced various new provisions. Among those, one is CSR i.e. Corporate Social Responsibility. Sec. 135[8] of the Act provides obligation for every company having the net worth of rupees five hundred crores or more, or turnover of rupees one thousand crores or more, or net profit of rupees five crores or more during any financial year shall constitute a Corporate Social Responsibility committee. As per the provision, the companies covered under it shall spend at least two per cent of its average net profits made during the three immediately preceding financial years, in pursuance of its Corporate Social Responsibility Policy.

There are various activities that have been provided in the Act, that the companies can undertake in lieu of Corporate Social Responsibility.

Activities for CSR Expenditure

Schedule VII mandates expenditure for the following activity-

1. Eradicating hunger, poverty and malnutrition, promoting preventive health care and sanitation and making available safe drinking water,
2. Promoting education, including special education and employment enhancing vocational skills especially among children, women, elderly, and the differently abled and livelihood enhancement projects.
3. Promoting gender equality, empowering women, setting up homes and hostels for women and orphans; setting up old age homes, daycare centres and such other facilities for senior citizens and measures for reducing inequalities faced by socially and economically backward.
4. Ensuring environmental sustainability, ecological balance, protection of flora and fauna, animal welfare, agroforestry, conservation of natural resources and maintaining the quality of soil, air and water.
5. Protection of national heritage, art and culture including restoration of buildings and sites of historical importance and works of art; setting up public libraries; promotion and development of traditional art and handicrafts.
6. Measures for the benefit of armed forces veterans, war widows and their dependents.
7. Training to promote rural sports, nationally recognised sports, Para-Olympic sports and Olympic sports.
8. Contribution to the Prime Minister’s National Relief Fund or any other fund set up by the Central Government for socio-economic development and relief and welfare of the Scheduled Castes, the Scheduled Tribes, other backward classes, minorities and women.
9. Contributions or funds provided to technology incubators located within academic institutions which are approved by the Central Government.
10. Rural development projects.
11. Slum Area Development[9]

Composition of CSR Committee

Historical Developments

Corporate Social Responsibility is not the norm or boon of the present day society. It was ubiquitous during early ages also.

The Four Phases of CSR Development in India[10]

The evolution of the CSR activities can be credited to the myriad problems that the firms face in their day to day functioning, accompanied by a realisation of the effects of their activities on the environment and further realizing that profits should not be the sole aim of a company’s existence.

The history of CSR in India can be divided into four phases which run parallel to India’s historical development and has resulted in different approaches towards CSR. However, the phases are not inert and the features of each phase may overlay other phases. In the first phase, charity and philanthropy were the main drivers of CSR. In this phase, the wealthy merchants used to share their wealth with the wider society and also used to help them in getting over with dark phases of famine and epidemics by providing them with the necessary grains from their warehouses. During the independence movement (Second Phase) Indian industrialists were under a great stress to depict their dedication towards the society. It was during this time only when Mahatma Gandhi introduced the concept of trusteeship. According to Gandhi, Indian companies were supposed to be the “temples of modern India” and thus motivated the industry leaders to manage their wealth in such a manner so as to benefit the society.

The third phase of CSR (1960–80) was related to the element of “mixed economy”, the emergence of Public Sector Undertakings (PSUs) and laws relating to labour and environmental standards. This period was described as an era of command and control as the private sector was surrounded by many stringent rules and regulations due to which the private sector was forced to take a back seat and public sector was considered as a driver of development[11]. In the fourth phase (1980 – 2013) Indian companies started abandoning their traditional engagement with CSR and started integrating it into a sustainable business strategy. In the 1990s, the first step was made towards globalization and liberalization. In order to give a boost to the economy, several controls and licencing rules were relaxed which resulted in an increase in the growth momentum and helped Indian companies to grow rapidly[12].

CSR: Present Scenario [13]

CSR is not a concept of the present day society but has been present in India since the antediluvian times as corporates like the Tata Group, the Aditya Birla Group and Indian Oil Corporation, to name a few, have been involved in serving the community from the inception.

Nowadays the main objective of companies is to maximize their impact on the society and stakeholders and in order to achieve their objective, many corporates indulge in various social events such as donations and charity events. CSR activities have become so embedded in a corporate’s life that they no longer consider it as an indirect expense and treat it as a route for improving their goodwill, reputation, defending attacks and increasing business competitiveness.

So, in order to give shape to their strategies, many corporates have specialized CSR teams that formulate policies, strategies, and goals for their CSR programs and set aside budgets to fund them. The policies developed by the assigned teams are always made keeping in mind the main goal of business.

For example, a more comprehensive method of development is adopted by some corporations such as Bharat Petroleum Corporation Limited, Maruti Suzuki India Limited, and Hindustan Unilever Limited. Provision of improved medical and sanitation facilities, building schools and houses, and empowering the villagers and in the process making them more self-reliant by providing vocational training and a knowledge of business operations are the facilities that these corporations focus on.

Companies with Good CSR [14]

Corporate Conscience is all about returning the favour to the society that keeps the business on the move, maybe even when the same is beyond the reach of the company. Having such a culture in the company helps the employees to know, that there is something bigger than themselves for which they are burning the midnight oil; their business is not one dimensional and most importantly it cares about the people. Companies, nowadays are encouraging their employees to break a sweat for the society also and thus try to amplify the intentions of the employees and the mission of the company.

Examples of Companies fulfilling the CSR [15]

The Tata Group conglomerate in India carries out various CSR projects, which are mostly aimed at the upliftment of the poor strata of the society. It also engages itself in the women empowerment activities, income generation, rural community development, and other social welfare programs. Apart from this, the company also engages itself in the field of education i.e. by providing scholarships to various students and institutions and healthcare services such as facilitation of child education, immunization and creation of awareness of AIDS.

Ultratech Cement, India’s biggest cement company also plays its part in social activities by carrying out philanthropic activities across 407 villages in the country. Their main focus is on health care and family welfare programs, education, infrastructure, environment, social welfare, and sustainable livelihood.

Indian automobile manufacturer Mahindra & Mahindra (M&M) strives for the promotion of education. The company focuses on assisting various economically backward sections of the society in the field of education and further provides investment in scholarships and grants livelihood training, healthcare for remote areas, water conservation, and disaster relief programs.

ITC Group, a conglomerate with business interests across hotels, FMCG, agriculture, IT, and packaging sectors has been focusing on creating sustainable livelihood and environmental protection programs. With its charitable approach, they have been able to provide sustainable livelihood opportunities for six million people. Their e-Choupal program has been a great initiative as it aims at providing internet connection to rural farmers.

BMW[16] takes pride in considering itself as one of the most socially responsible in its industry. They set a new high when they decided on helping 1 million people by 2020. Alignment has always been their key to success. They put a great example of themselves by showing that they have maintained a great balance between a good business model and helping social causes.

Thus, above mentioned are some of the companies that are abiding by the provisions relating to CSR under Companies Act, 2013 but it is also seen that CSR has not achieved its objectives in toto and have also proved to be a failure

CSR: A Failure

Mandating CSR for businesses will not do any good unless there are proper mechanisms for its enforcement. One of the main hindrances that stand in the way of effective CSR enforcement is finding credible projects that the corporates can support. According to Guardian, bigger charities are being flooded with money, while the smaller charities have to seek their way for finding of funds due to which they lack the resources and capacity to cope up with the company’s bureaucratic and operational demands[17].

According to KPMG Report, geographic bias with respect to the company’s funding of CSR activities is also prevalent, as firms tend to fund those projects that are closer to where they are based. This results in industrialized areas getting preference over the poorer and underdeveloped areas that are truly in need of some development and aid.

Fear that the companies would find their way to avoid shelling out money for CSR activities has appeared to be well founded. A survey by accountancy firm KPMG found that 52 of the country’s largest 100 companies failed to spend the required 2% last year. A smaller proportion has gone further, according to an Economic Times investigation, allegedly cheating the system by giving donations to charitable foundations that then return the monies minus a commission. The main problem with the CSR is the reported expenditure on the projects. Most firms don’t mention the exact amount of expenditure spent by them on the CSR activities. Due to this, it becomes very problematic for the government to comprehend the exact amount of funds spent by the firms in this relationship because there is evidence showing that the firms were initially spending less than 2% increased their CSR activity, but those that were initially spending more than 2% reduced their CSR expenditure. [18]

But, even if we were to take the CSR expenditure at its face value and assume the validity of all the numbers reported, there are still major issues that are to be dealt with. An expenditure that does not lead to higher profits for firms is treated as a tax by them. According to the KPMG, the corporate tax rate in India i.e. 34.61% is one of the highest in the world, compared to a global average of 24.09%. So, the CSR is viewed by the firms as a 2% tax, albeit it is not paid to the government but many companies consider the 2% CSR expenditure as another way of burning their pockets.

Even though there has been a substantial increase in the social activities incurred by the firms, but the spending has mostly gone to the set priorities of the company rather than the democratically determined priorities. Of the nine different schedules prescribed by The Companies Act, 2013 two schedules: combating various diseases and promotion of education accounted for 44% of the total CSR expenditure while reducing child mortality received no funding and eradicating extreme hunger and poverty received only 6% of the total CSR expenditure.

The fact that about 50% children in India are malnourished due to acute poverty, relief and care only appears as a distant dream to them. It is the government’s duty to determine and fulfil the needs of the society by channelizing the funds of the public. With the CSR law, the government has failed in one of its primary functions.

The issue of geographic inequity also needs to be taken into consideration as there is a wide amount of gap in spending on CSR activities between the states of India. For example, Maharashtra, Gujarat, Andhra Pradesh, Rajasthan and Tamil Nadu account for well over one-quarter of all CSR spending. Towards the bottom of the list are Nagaland, Mizoram, Tripura, Sikkim and Meghalaya—all from the North-East.

This inequity reflects the interests and priorities of the business sector. Therefore, it is the duty of the government to ensure that the society moves towards a more egalitarian society.

Issues Hindering the Corporate Social Responsibility

The earlier government used to rely on legislation and regulations for regulating the objectives of the business sectors. But, the reduction of government involvement in CSR has resulted in the exploration of non-voluntary actions.[19]

To ensure that CSR becomes a success, it is necessary that there should be a consensus among the local agencies. But, a lack of consensus, results in duplication of activities by the corporates which further results in generating a competitive spirit between the local agencies rather than a collaborative approach.

The success fruit of CSR can only be plucked when there exists knowledge about the CSR activities within the local communities. Since not much efforts have been put in creating awareness about the CSR activities, thereby it has resulted in a lack of interest on part of local communities in participating towards CSR activities.

Also, there is non-availability of well-organized governmental or non-governmental organizations in remote and rural areas. Due to the absence of any proper authority, the needs of the rural people often gets unnoticed and there remains no proper authority along which a company can assess and identify the needs of the society.

Further, the key to any successful CSR initiative is transparency, but there are certain perceptions that partner NGOs or local agencies do not disclose the information about their programs, address concerns, assess Impacts and utilize funds. This lack of transparency creates an indelible impact on the relationship and trust between the companies and local communities which is the key to the success rate of any CSR initiative.[20]

In order to ensure that the CSR activities are carried out in an efficient and effective manner, it is necessary to ensure that each organization and institution is well equipped with proper resources. But due to a dearth of trained and effective organizations, fulfilment of CSR initiatives, appears to be a distant dream. This results in the compromise and limitation of various CSR initiatives.

Various analysis shows that the law in its current form is failing to promote healthy CSR initiatives due to its poor enforcement and lack of clear obligations. The legal provisions related to CSR contains vague language which results in a high degree of self-interpretation.[21] Another flaw from which the CSR has to struggle is that the Act doesn’t penalize a defaulter and just allows them to walk away with an explanation regarding their failure on CSR activities. This results in high corruption, low levels of public confidence, low development and weak institutions.

Recently Maneka Gandhi also criticised the corporate houses for not taking the CSR initiatives seriously. Her criticism was in lieu of the poor response given by the corporate houses to Prime Minister Narendra Modi’s call of using the CSR route for Swacch Bharat Abhiyan.

Many corporate houses state that continuous changes and amendments in the law cause a great amount of confusion. As in the last one year, scores of changes have been made to the rules regarding the CSR law. For example, just a day before the law came into force, the government brought in changes in the list of activities eligible for CSR funding by including activities promoting healthcare and preventive healthcare. In January this year, the government clarified the types of organisations through which the CSR money can be spent.[22]

Conclusion

Corporate Social Responsibility has become an innate part of the working of Corporates in recent times. Though the concept of CSR was prevalent in India since antediluvian times, it is only, recently that the concept has picked favouritism in the companies. A new urgency in the backdrop of heightened awareness has single-mindedly changed the focus of the firms on Corporate Social Responsibility. It is CSR only that helps the environment and society to be treated the way they should be treated i.e. with respect. Although, CSR, has really proved to be fruitful and beneficial but to say that it has totally achieved its objectives, would be to negate the truth. Much needs to be done on this staid and sombre issue. If we have a closer look to this picture, we will find that the situation is quite antonym and astounding as due to lack of proper enforcement mechanisms and efficient CSR policies, the success of CSR remains a distant dream. The government should comprehend that corporates play an important role in the development of a nation and thereby they should make proper policies for the same and should ensure that apart from bigger charities, small charity organisations also get their due recognition. The government should also take initiatives in ensuring that all the areas get benefited from the social work of companies so that the disparity and bigotry among various regions gets converted into equality. The root cause of less success rate of CSR is the consideration of CSR as another form of tax that lingers on the necks of corporate heads. The government should thus safeguard that the perception and discerning of people gets improved. They must work towards developing a feeling of empathy in them, as this will not only make them motivated to do the right work but will also encourage them to report the right CSR expenditure. But, the problem does not finish there, as a lot of other quandaries still continue to haunt the government and among them, the most pivotal and fundamental is the lack of knowledge about CSR activities among remote areas and lack of any penalizing provisions. In order to tackle this oblivion among the companies, the government should constantly thrive towards promoting the same and thus should try to bring some penalizing provisions for CSR, as a pocket burn will give the strongest message to the companies. Apart from this, the government should also ensure that there is enough transparency and consensus in the whole process of Corporate Social Responsibility. But, a colourful change to this reprehensible situation can only be brought, when to work for the society comes from one’s own conscience. Government endeavours will all prove futile, if the yearning and longing to work for the benefit of the environment and society does not come to companies from innate and as it is rightly said that you can only bring the horse to the pond but can’t make it drink the water.

References

[1] Corporate Social Responsibility- Meaning, Needs and its Evolution,Management Study Guide(8 June 2018, 11:00 A.M.)https://www.managementstudyguide.com/corporate-social-responsibility.htm.

[2]Definitions of Corporate Social Responsibility- What Is CSR?,Mallen Baker (June 8, 2018, 11:15A.M.)http://mallenbaker.net/article/clear-reflection/definitions-of-corporate-social-responsibility-what-is-csr.

[3]Ellie Collier, The Importance of Corporate Social Responsibility for your Business (June 8, 2018, 7:30 P.M.) https://www.highspeedtraining.co.uk/hub/importance-of-corporate-social-responsibility/.

[4]Ibid.

[5]Business benefits of Corporate Social Responsibility, High Speed Training (June 8,2018, 7:45 P.M.) https://www.highspeedtraining.co.uk/hub/importance-of-corporate-social-responsibility/.

[6] Importance of Corporate Social Responsibility, Management Study Guide(June 9, 2018, 10:45 A.M) https://www.managementstudyguide.com/importance-of-corporate-social-responsibility.htm.

[7]Samantha Muir, Top 5 Benefits of Corporate Social Responsibility, Cube Group (June 9, 2018, 10:30 A.M.)http://cubegroup.com.au/top-5-benefits-of-corporate-social-responsibility.

[8]Sec. 135. (1) Every company having net worth of rupees five hundred crore or more, or turnover of rupees one thousand crore or more or a net profit of rupees five crore or more during any financial year shall constitute a Corporate Social Responsibility Committee of the Board consisting of three or more directors, out of which at least one director shall be an independent director.

(2) The Board’s report under sub-section (3) of section 134 shall disclose the composition of the Corporate Social Responsibility Committee.

(3) The Corporate Social Responsibility Committee shall,—

(a) formulate and recommend to the Board, a Corporate Social Responsibility Policy which shall indicate the activities to be undertaken by the company as specified in Schedule VII;

(b) recommend the amount of expenditure to be incurred on the activities referred to in clause (a); and

(c) monitor the Corporate Social Responsibility Policy of the company from time to time.

(4) The Board of every company referred to in sub-section (1) shall,—

(a) after taking into account the recommendations made by the Corporate Social Responsibility Committee, approve the Corporate Social Responsibility Policy for the company and disclose contents of such Policy in its report and also place it on the company’s website, if any, in such manner as may be prescribed; and

(b) ensure that the activities as are included in Corporate Social Responsibility Policy of the company are undertaken by the company.

(5) The Board of every company referred to in sub-section (1), shall ensure that the company spends, in every financial year, at least two per cent. of the average net profits of the company made during the three immediately preceding financial years, in pursuance of its Corporate Social Responsibility Policy:

Provided that the company shall give preference to the local area and areas around it where it operates, for spending the amount earmarked for Corporate Social Responsibility activities:

Provided further that if the company fails to spend such amount, the Board shall, in its report made under clause (o) of sub-section (3) of section 134, specify the reasons for not spending the amount.

[9]CA Divyang Gupta, Corporate Social Responsibility- Companies Act, 2013, TaxGuru (June 9, 2018, 11:30 A.M.) https://taxguru.in/company-law/corporate-social-responsibility-companies-act-2013-2.html.

[10]Evolution of Corporate Social Responsibility In India, Wikipedia Mirror Project, (June8, 2018, 11:45 A.M.) https://ipfs.io/ipfs/QmXoypizjW3WknFiJnKLwHCnL72vedxjQkDDP1mXWo6uco/wiki/Evolution_of_corporate_social_responsibility_in_India.html.

[11]SawatiNagwan, Evolution Of CSR in India, Volume 3 Issue 7 July, 164-165, (2014).

[12]Evolution OF CSR in India, Soul Ace (June 8, 2018, 01:05 P.M.) http://www.soulace.in/blog/evolution-of-csr-in-india/.

[13] Supra Note to 4.

[14] Lexie Forman Otiz, Top 10 Corporate Social Responsibility Initiatives, Smart Recruiters (June 9, 2018, 12:15P.M.) https://www.smartrecruiters.com/blog/top-10-corporate-social-responsibility-initiatives/

[15]Dezan Shira & Associates,  Corporate Social Responsibility In India, India Briefing( June 9, 2018, 12:45 P.M.) https://www.india-briefing.com/news/corporate-social-responsibility-india-5511.html/

[16]Omid Ghiam, 5 Examples of Corporate Social Responsibility in Companies, Involve Soft (June 9, 2018, 2:00P.M.)https://www.involvesoft.com/5-examples-of-socially-responsible-companies/.

[17] Oliver Balch, Indian Law requires the Company to give 2% to charity. Is it working?, The Guardian (June9, 2018, 2:30P.M.) https://www.theguardian.com/sustainable-business/2016/apr/05/india-csr-law-requires-companies-profits-to-charity-is-it-working.

[18]AneelKarnani, Why the CSR law is not a success, Live Mint ( June 9, 2018, 2:40 P.M.) https://www.livemint.com/Opinion/1wIQwFPRyRckBMg5IugW1K/Why-the-CSR-law-is-not-a-success.html.

[19] Syed Kazim, Corporate Social Responsibility, Issues and Challenges in India, The Companion ( June 9, 2018, 3:30 P.M.) http://thecompanion.in/corporate-social-responsibility-issues-and-challenges-in-india/.

[20]Anand Das Gupta, Implementing CSR in India: Issues and Beyond, 24-26,   file:///C:/Users/Guest/Desktop/kidnapping/9788132216520-c1.pdf.

[21]Ameeta Jain &Sandeep Gopalan, Legislative Response is required to push CSR in India, The Conversation (June 9, 2018, 4:00P.M.) http://theconversation.com/in-india-a-legislative-reform-is-needed-to-push-corporate-social-responsibility-80169.

[22] Savita Verma, Irresponsible Gaps in Corporate Social Responsibility, Down to Earth (June 9, 2018, 6:00 P.M.) http://www.downtoearth.org.in/news/irresponsible-gaps-in-corporate-social-responsibility-50990.

Law school was my dream realised.

Getting through CLAT and then through SET, I was thrilled. I had worked hard for a year and pursued B.Com (Hons) while preparing for law entrance examinations. I did morning college, tuition, assignments, law preparation classes and then my law preparation in the middle of the night. I did this for a whole year, and it paid off!

Then law school started and I was introduced to a whole world!

I loved attending the lectures, and was propped up in the first bench. I researched well for assignments I was proud of. I made new friends and had fun. Then I taught underprivileged children, worked for worthwhile social causes, internships and so much more!  But soon enough the subjects changed and the competition became intense. We learned cyber law, media law, family law, criminal law, and about 65+ subjects in those five years !

What I did not realise was that I had slowly started losing interest in the subjects I so loved. Maybe it was the daily grind, or youthful distractions, but I did not find my curiosity rekindled.

In hindsight, I realise that I was bored of the theoretical sludge passed off as ‘knowledge of law’. It was not my institute or professors, rather the entire education system which was flawed.

Chartered Accountants have mandatory articleship as part of their curriculum. Even doctors have internship and training. But the other ‘noble’ profession, law, requires students to figure out practical training on their own. We don’t have practicals or labs to perform experiments or run codes like engineers. Sure we have moot courts, debates, etc. But, we have to rely on ourselves to figure out internships, practical training, do the hands on work. There are internship assistance in some colleges. But they only assist in putting you in touch with the prospective employer and resume, etc. They don’t teach you the real-life skills needed in the field of legal practice.

But where should law students go when they need to bridge the gaps in their practical learning? How do they gain the knowledge of what skills to acquire for a particular field? How do they know which area to focus on and how? How do they retain and nurture their interest in their chosen field? How do you learn real-life skills?

No one can emphasise enough how different is the real-life experience from the sheltered life of  law school. I did not get placed from college or during college due to lack of systematic guidance and self-awareness. I knew the laws, but I did not know how to apply them when I get a client.

So was it worth it: 5 years of education at the law school?

Yes. Without a doubt.

I would not have been able to see law as I do now, without being taught how to analyse the laws. Sure there were some professors who had no practical experience themselves, therefore their knowledge was insufficient when it came to the practical aspects.

But researchers and academicians have a firm grip on the analytical part of the laws. So when it is taught by them, the methods trickle down to the students in a manner. Yet, the education system is flawed when it makes students learn and write the laws, without asking analytical questions or the application of their knowledge.

I remember that I started law school studying from prescribed book lists and reference lists. I used to make diligent notes in class and study in the libraries and prepare more. By the time I was in my fifth year, I was reading off just textbooks, guide books and past papers. The question papers were theoretical and did not test the analytical or practical application of legal knowledge.

But I was stumped time and again when I had to apply my theoretical knowledge to the real-life situations. I struggled like many others to get a job after graduation. My first job did not pay well, but I took it to learn what I missed in law school days. In hindsight, it was because of simply being unprepared, lacking necessary skills and in-depth knowledge of law, and inadequate training that added to my struggles.

Here’s why I struggled to get a decent job after graduation:

# Drafting – the first gap in my legal education!

So just like any fresher with basic writing skills, I thought I will be able to draft anything – applications, petition, plaint, contracts, opinions, etc. But I was gravely mistaken.

In my first job as a junior advocate, for three months I was pushing paper, carrying briefs, reading, making lists and summaries of documents. I was not even entrusted with drafting a cover letter until I went to the partner and asked for more work.

I was asked to draft a simple notice to another advocate. So I went and wrote with full vigour, all that I thought was relevant. Then I took a printout and went to the partner with my handiwork! He took one look at it and then me, took his red pen out and started making corrections. By the time he was done, the black ink was replaced with red one. I have always taken pride in my writing skills, so I was devastated.

I was never taught how to draft anything until my fourth year of law school. In my month long internships, I was not entrusted with any heavy work. So I was at a total loss. I did not know I was supposed to practice on my own through all those years. But there was no point lamenting my lack of useful skills. It was time to develop them. So I kept at it, and went to the partner every time possible for corrections, until the red pen was out of commission.

The fact is I did not learn much drafting at law school, and that came back and haunted me every time I had to draft a notice, application or a contract. It was only after years of constant learning and practice that I gained some confidence in my drafting skills.

These days there are contract drafting courses available online, which allow full-time law students and professionals to work on their drafting skills. But I had to learn it the hard way and over a long time due to the gap in my legal education.

# Superficial Knowledge Of Law: the second gap in my legal  education!

Jack of all trades, master of none!

I mentioned earlier that I’d studied 6-7 papers per semester over a span of ten semesters, which is around 65+ papers. I was taught a variety of laws in law school like everyone. But the difference between studying for an exam or assignment, and for a case is huge!

In my second job, I was asked to advise straight off the bat! They thought I am from a good college, have one year experience, so I must know  the laws. But I did not know much about companies law, compliance work, reviewing contract, SEBI regulations or anything pertinent to the task at hand! So I struggled for weeks to able to understand the applicable laws. Then I had to study them and apply them in the contract I was drafting or reviewing. Obviously, I faced loads of difficulties, burned the midnight oil to redo my work and learn more.

Let us face it, most of us did not know enough right after law school to do the assigned jobs. The internships were a great source of learning, if you had the right seniors and mentors. But that is also not in one’s control. There were bits of intellectual property law knowledge which came in handy when I was asked to register the new IP portfolio. It is here that I learned about renewing and filing for trademark and copyright applications.

As I was working for a company, I was expected to do a variety of work like drafting of merger related documentation, due diligence, etc. This required a working knowledge of contract laws, company laws, SEBI regulations, intellectual property laws, IT laws, etc. I only had superficial knowledge in these subjects as I’d studied them for one or two semesters only. You can do a business law course to get a comprehensive understanding of IP laws, IT laws, labour laws, dispute resolution, etc. to gain specialised knowledge. But it was tricky for me to try and recall five years’ worth of law papers on the job. I had to study everything all over again!

# Inadequate learning during Internships: the third gap in my legal  education!

Everyone I know who bagged a PPO had a steady line of good internships. Even I interned every vacation. But there was a problem – mandatory 75% attendance. I am sure there are people who managed to learn their ways during internship.

For me, it seemed the duration of internship was too short. Our vacations were barely a month long. But there were students who extended their internship instead of focusing on their attendance percent. At the time I thought they were making a mistake. But maybe they had it figured out!

During internships it takes a while to figure out things. It took me a week to figure out the courtrooms in the Supreme Court! Then you have assignments which are way beyond your depth. In my initial internships, I barely knew the laws, so I was assigned to make lists and read briefs. Training interns is difficult and then they have to be monitored closely. This means more work for the mentors. I realised this when I was assigned interns during my first year of job, that they don’t know enough and training them is time consuming. There has to be more time to train the interns than a few weeks or even a month.

It was in my fourth year that my law subjects finally caught up with my internships responsibilities. It was only then that I was assigned good research work and some drafting. Till then internships were mostly to be added to my resume more than anything else. The work that we expect to learn during law college is usually not the same as what we need to learn. The disparity between what we learn in college and what we must do in internships and jobs, is significant.

Therefore there should be mandatory internships and training of law students, than leaving up to them to figure it out on their vacation. Internships should be part of the curriculum for every law student, rather than an option.

We are only as strong as our weakest link. We need a systematic revamping to bridge the gap between the theoretical and practical aspects of learning law. Both are equally important in order to avoid the unnecessary struggles after graduation. There are online courses which provide necessary practical training along with the theory. These courses help law student learn through application based weekly exercises to build their knowledge base in the subjects which are taught in depth.

What we really need is a revamp in traditional legal education with time. In these competitive times, where we need to know before being asked to do a task, we simply need a well-rounded training system. Otherwise we will end up with bright and smart students going through unnecessary struggles, before achieving success in law.

This article is written by Mohona Thakur, Team iPleaders.

Bollywood is quite often than not ‘inspired’ by Hollywood as well as South Indian movies and songs alike.

Let me give you an example. Remember Gauri Shinde’s coming of age drama, Dear Zindagi, starring Alia Bhat and Shah Rukh Khan? It turns out that it is said be inspired by a Canadian comedy-drama TV series called ‘Being Erica’. Was there any case filed against the producers of this film? No.

Do all disputes in Bollywood arise due to plagiarism? To a certain extent, but not entirely.

Plagiarism or as the writers would prefer calling it, ‘inspiration’ is one of the most rampant legal troubles that Bollywood is in the habit of facing in the recent times. Besides this, not only do they face suits from Hollywood for deceptively similar film titles (like in the case of Hari Puttar) but also closer home from the infamous censor board (such as Udta Punjab) and the very citizens of India (read Padmavat).

Indian cinema has no scarcity of films that may have courted a major controversy or in some cases faced a complete ban and were never released in the country. A number of films such as Mira Nair’s Kamasutra: The Tale of Love never released in India; Anurag Kashyap’s Black Friday which was based on the 1993 Mumbai blasts had to wait for three years before it could release as the Bombay High Court directed it to be released only after the trial was over.

Can you imagine the gravity of loss of business for the producers? This is one of the many reasons Bollywood production houses are in need of outstanding media lawyers who not only understand the law but also the needs of the business.

Let us take a look at a few of the Bollywood films that got into legal trouble and how they went about it:

• Padmavat (2018)

It is the latest film to court controversy in India. Certain groups of the right wing felt that the movie misrepresents history and tarnishes the reputation of certain lawyers. There were death threats to both the director, Sanjay Leela Bhansali, and the lead actress, Deepika Padukone. States such as Rajasthan, Uttar Pradesh, Madhya Pradesh, Gujarat and Haryana had disallowed screening of the movie, even as it awaited the certificate from the certificate board.

The film was on the other hand not getting the required clearances from the Certificate Board. The apparent reason for the same was an incomplete application submitted by the filmmakers and the 68-day rule (one must submit the application to the film certification board at least 68 days before the release date).

Eventually, Viacom 18 through their firm, Naik Naik & Co., approached the Supreme Court against the notification of the above-mentioned states seeking stay of the same and permitting the release of the movie across India. The bench constituting the Chief Justice of India heard the matter and put a stay on notifications issued by the states. You can read more about the arguments advanced in this matter here.

• Udta Punjab (2016)

The controversy surrounding the release of the Shahid Kapoor, Alia Bhat starrer Udta Punjab has been one of the longest that Bollywood has possibly seen. With the initial jolt coming in from the Certificate Board (CBFC) suggesting cuts across 13 categories to the protests across northern India and subsequently the batch of petitions filed in the Punjab and Haryana High Court alleging that the movie shows Punjab in bad light and promotes usage of drugs, Udta Punjab fought a long drawn battle.

The courts in India finally drew a close to the long controversy surrounding the release of the movie having decided that it does not contain anything objectionable in the film.

The Bombay High Court also ruled in favour, after an amicus curiae appointed by the Court watched the movie in the presence of the CBFC officials and producers of the film. The producers of the film, Phantom, through their lawyers Naik Naik & Co. approached the Bombay High Court against the CBFC and its habit of acting more like a censor board than a certificate board. The division bench of the Bombay High Court allowed 1 cut and also slammed the Board for imposing cuts mindlessly.

• Knockout (2010)

Twentieth Century Fox filed a case of copyright infringement against the makers of the movie Knockout claiming that it was a complete rip-off of their movie named ‘Phone Booth’. If you watch both the movies, you’d realise that the movies revolve around the same plot – a hostage in a phone booth having a conversation with the sniper and intervened by intruders during the conversation.

While the single bench stayed the release of the movie, the division bench reversed the stay order. Eventually, the parties came to an out of court settlement and Sohail Maklai, the producer of Knockout paid Fox an amount of 1.25 Crore.

This isn’t a one off case where inspiration went a notch up too high and took a turn towards infringement. In 2009, Twentieth Century Fox had filed a suit against BR Films for the movie ‘Banda Yeh Bindass Hai’ claiming that it was the copy of their film ‘My Cousin Vinny’. The case was settled out of court and BR Films had to pay up 1.3 Crores for it.

There are a number of other movies such as Partner, which was allegedly a copy of the Hollywood movie Hitch, Bang Bang which was clearly the Indian version of Knight and Day.

How does one decide whether it is an inspiration or an original work under the Copyright Act? I believe deep understanding of copyright law through various sources including reading up the law, case laws and engaging in courses on intellectual property and media laws shall be helpful.

• Hari Puttar: A Comedy of Terrors (2008)

Warner Bros. which owns the rights to the Harry Potter franchise had filed a case against the movie Hari Puttar claiming that the title to the movie was too similar to the title of the well-known Harry Potter franchise. The case was filed by Warner Bros. in the Delhi High Court a month before the release of the movie in question.

Justice Khetrapal in his 26 page judgment very clearly enunciated that Warner Bros. sat over its rights for three years before they filed the case in 2008. The fact that the movie was going to be titled ‘Hari Puttar’ was in their knowledge since 2005 and they chose to only file a suit for injunction when the movie in question was about to reach the finishing line.

For those of you who do not know, it is a well-established principle that if the plaintiffs stood by knowingly and let the defendants build up their business or venture, then the plaintiffs would be estopped by their rights to claim equitable relief. This three year long unjustified waiting period is what caused Warner Bros. a favourable judgment!

• Phir Se (2015)

Kunal Kohli’s movie Phir Se was stuck in a long legal battle for having lifted the script and story off an underproduction movie titled R.S.V.P. The writer Jyoti Kapoor and production house India Stories Media and Entertainment Pvt. Ltd. dragged Kohli to the court.

The Supreme Court, not completely convinced by the arguments advanced by Adv. Amit Sibal and Sr. Adv. Shyam Diwan for the production house and writer, allowed the movie to be released on the scheduled date. This was subject to the condition that Kunal Kohli pay a total compensation of Rs. 60 Lakhs and give due credit to the writer.

This case was seen as a huge win for the writers in the film industry as this acted as a sign that the screenwriters are very vigilant about their rights and are not scared of standing up and fighting against producers and directors at the risk of losing future assignments.

If you take a quick look at the court cases and litigation involving media and production houses, whether they are certification board issues, petitions filed by NGOs, etc., copyright infringements with respect to movies or songs, trademark infringement of movie titles, or plagiarism, you will notice that there is a rampant increase in them.

In the quest for finding not only good content, but content that will sell and make the production houses profitable, a lot of lines are unknowingly or knowingly crossed. With the increase in such litigation, it is best for not only the lawyers to be well-versed in media related laws and litigation but it is also necessary for the film fraternity to have knowledge about media and entertainment laws.

If you work for a media house or ad agency, consider sending someone from your legal as well as creative team for this media law course. If you are a media lawyer interested in this sort of work, or someone planning to get into the media and entertainment law business as a lawyer, do check this course out.

In this article, Qamar Ali Jafri discusses Career Opportunities for law graduates in Intellectual Property Law.

Introduction

Intellectual Property Law (IP) is an exponentially growing field. We are witnessing a paradigm shift from corporations and companies hunting down tangible properties such as land and machinery towards acquiring intellectual assets. India is becoming a hub of startups and R&D centres, which are nothing but intellectual creations. Intellectual Property law is all about protecting and exercising benefits from your intellectual creations. People protect what they create. It is a basic human tendency for which they need another set of people. Now that might be you, aspiring to build a career in IPR because clearly, Google directed you here when you asked it for some career advice.

Why is Intellectual Property law interesting?

Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce. Intellectual property law enables individuals to claim exclusive rights and financial gain from what they invent or create, which is a benefit to both creators and the public. With its foundation in human ingenuity, it should be no surprise that for the intellectual property professional, work days cannot be characterized as dull or boring. To state that another way, intellectual property law is unendingly interesting, especially when genius mixes with mortal unpredictability.

Let us look at some interesting cases

S. Victor Whitmill v. Warner Bros. Entertainment Inc

In the movie, The Hangover Part II, Stu Price played by Ed Helms wakes up with a tribal tattoo which is identical to the one Mike Tyson has. Tyson’s tattoo artist Mr Whitmill filed a lawsuit against Warner Bros. Entertainment for copyright infringement just weeks before the release of the movie. Warner Bros. Entertainment, however, saw it as parody falling under ‘fair use’. The injunction order was not granted as the studio was ready to alter the tattoo digitally. Further, to avoid a long trial, Whitmill and Warner Bros. Entertainment settled with an agreement under undisclosed terms.  

Amazon’s 1 – Click Patent

On September 28 1999, Amazon was granted a patent for the ‘1-click technology’. It is a one-click buying technology where customers can do an online purchase in a single click. There have been various disputes regarding this technology which stores all the necessary details in the user’s account online and enables them to make quick purchases. Amazon also filed a patent infringement lawsuit against Barnes & Noble in 1999. Barnes & Noble also used a similar technology under the name of “Express Lane” which also enabled shoppers to make a purchase with one click. The lawsuit was settled in 2002, however, the terms were not disclosed.

Adidas America v. Payless ShoeSource

We identify the Adidas shoes by their three strips, but Adidas is not the only shoe making company that uses stripes. In 1994, Adidas and Payless Shoesource got into a scuffle over these stripes. Payless was selling confusingly similar athletic shoes with two and four parallel stripes. The two companies hashed out a settlement, but by 2001, Payless was again selling confusingly similar shoes. Fearing that the sneakers would dupe buyers and tarnish its name, Adidas America Inc. demanded a jury trial. The trial lasted seven years, during which 268 pairs of Payless shoes were reviewed. In the end, Adidas was awarded $305 million—$100 million for each stripe.

The stories of intellectual property law are infinitely dynamic, surprising, amazing and curious. And as technology, human creativity and law develop and intersect, new problems with new questions arise.

Diverse Work Profile

There is a high probability that you are reading this as a law student who is ready to step into the world of IPR as a lawyer, so let us have a look at the different possible roles that people in this field play:

• Drafting (here, understanding the invention, strategizing protection, articulating the inventions and understanding nuances of language is very important)
• Litigation
• Filing & Prosecution
• Teaching, training and spreading awareness
• Analytics and Strategy
• Technology assessment and marketing
• Research, policy, philosophy and advocacy

The list is not exhaustive. The idea is to make clear that a single individual takes more than one of these roles up in the Indian paradigm because role specialization is rare, unlike the western countries. These roles might narrow down if you end up in an IPR specializing firm, where only specific roles are provided, but if you step into litigation, you clearly have a dynamic and broad field of practice, which I think is more fun.

Intellectual Property Law

• Understanding the law and its implications should be your primary objective no matter what role in this field you consider yourself fit for. In addition, a good communication skill is necessary as IPR is widely interdisciplinary.
• There is marketing involved, dealing with different communities in understanding the inventions, etc.
• Different roles require different strengths. For instance, a little knowledge in science and technology is required when dealing with patents. Owing to the fact that IPR is multidisciplinary and a bit of studying technology is involved for patents which subsequently is an important part of the IPR, students go technology phobic.
• A bit of research on this angle of technology tells us that there are lawyers who thrive upon flourishing practices even without having a formal technical degree, which is a requirement under the Patents Act, which is further debatable as to how a technical degree in any field makes one competent for a Patent Agent. Moreover, this is not taken well by the lawyer community.

Fields under IP Law

Lord Walker in the case of Philips v Malcurie declared that the term ‘intellectual property’ has no particular potency.  A consensus is there as to its core content but not as to its limits. Broadly classified under:

• Trade Marks
• Patents
• Copyrights and Related Rights
• Industrial Designs
• Geographical Indications
• Layout Designs of Integrated Circuits
• Plant Varieties
• Information Technology and Cybercrimes
• Data Protection

These fields are governed by various stipulated Acts such as

1. Trade Marks Act, 1999
2. The Patents Act, 1970 (as amended in 2005)
3. The Copyright Act, 1957
4. The Designs Act, 2000
5. The Geographical Indications of Goods (Registration and Protection) Act, 1999
6. The Semiconductor Integrated Circuits Layout Design Act, 2000
7. The Protection of Plant Varieties and Farmers’ Right Act, 2001
8. The Information Technology Act, 2000

You can read more about the international treaties regarding IP laws here.

How to build a Career in Intellectual Property Law

Choose a specialisation in IP Laws

There are three prominent categories of law students. Those who have good grades, those who do good internships and those who have both. The third category is microscopic, the majority lies either in the first or second category or in a worst-case scenario, they wake up late in the third or fourth year of their law school journey. It is never too late to take a decision. Every law college has some alumni base. Start networking, reach out to them and learn from their experiences. This is not just specific to IPR, be it any field of law, indecisiveness will lead you nowhere. Your seniors will advise you to pick a path and start building yourself for it. For starters, study the subject in its entirety. Once you have explored all the different areas of IP law, pick one to specialize. This specialization becomes important from the perspective of your future employer and your client.

Enroll in IP laws specialised courses

Once you have taken a decision, study the subject with more zeal and enthusiasm. Clear your basic understanding of the law. If possible, do a moot regarding IPR and write some research papers on it. This not only would develop your interest in the subject but also give you an edge and enhance your CV. You can also do an online diploma course for a better understanding. Different law schools and organizations provide such online courses. Enroll yourself in one of them. A few good examples of such courses would be LawSikho, FICCI, WIPO distant learning program, etc.

LawSikho

This course offers a detailed overview of Intellectual Property Law. Offering key insights regarding the impact of IP on businesses or career opportunity related to Intellectual Property Management. It also encompasses Copyright, Trademark, Patent, GI, Trade Secrets and Designs as well as Technology transfers.

Benefits of pursuing this course:

1. Entrepreneurs can learn how to transform their game-changing products and services into quantifiable market value and trump competition by understanding Intellectual Property Law.
2. Working professionals and freelancing creative professionals can learn how to signal the current and potential value of their offerings to prospective clients, current stakeholders and competitors.
3. It is critical for practising lawyers to up their game by enrolling in the intellectual property law course to protecting their clients by preventing rivals from patenting related inventions or preventing the misuse of their trademarks.
4. There is a growing body of research that shows a positive correlation between an organization growth trajectory and access to capital and patenting.
5. Students can enhance their output and create a formidable CV during internships by understanding the IP systems and their role in the economy through patents and other types of IPs. Patents are being aggressively used in opportunistic patents.
6. The evolving digital technologies are able to copy and disseminate unique intellectual achievements which leave a large section of the population vulnerable to vested interests.

You can know more about this course from here.

FICCI

This IPR Online Course has been introduced with the objective to provide a platform for candidates to gain practical knowledge about Intellectual Property Rights and its importance for innovation and growth of businesses and the economy as a whole. They provide a research-based approach to learning through case studies, online lectures and also work in close consultation with industry leaders and IP experts.

You can read more about the course from here.

WIPO

World Intellectual Property organisation provides a variety of courses in IP laws to both professionals and for someone who is new to the field. You can read more about the course from here.

Plan your internships in IP specialised Law Firms/Advocates

Real world exposure is necessary. All practical legal skills are rooted in tacit knowledge- the type of knowledge that is difficult to write down or verbalize. Try to do as many internships in the field of IPR as possible. It is one thing to read about it in textbooks but it is a completely different thing to be involved in an IPR issue to put the law into practice. IPR is a keyword that the firms will look for in your CV when you apply for an internship. When interning under a practising IP attorney, you need to have a basic understanding of procedural laws such as CPC and other specialized acts.

Element and Geographical Preference

This phase is tackled in the last days of your law school or preferably post-law school. IP law is too wide and dynamic. Unless you plan to start your own practice in this field of law it is advisable you pick your element. Institutional wise specialization is rare in India, but clients always look for someone who specializes in the issue concerning them. By this time, you might have developed a significant interest in a specific area of IP law, through your internships.

• List down specific positions that interest you.
• Include job titles and, if a job title is not sufficiently descriptive of a position, elaborate on it.
• Make sure to note that job titles are not necessarily the same from one employing organization to the next, so include as many alternative job titles that might describe the same or similar duties and responsibilities.
• List down examples of specific employers where you are likely to land such a position.
• The key is to logically back your interest in such positions. Do it by providing a background of your previous works and internships that qualify you for such a position.
• Now before applying for a job in a firm through campus placements or off campus, pick your geographical preference as to where you would like to work.
• Unless you have to, do not be specific and unnecessarily limit your options. Opportunities may arise that are so enticing that you might have to reconsider your locational preference if they were presented to you.

Legal luminaries in the field of IP law

Honestly, there are no set parameters to decide this. However, I have listed down three people whose stories would inspire you to be an IP law professional.

• Justice Gautam Patel of the Bombay High Court
• Justice Prabha Sridevan, former judge of the Madras High Court and former Chairperson, IPAB
• Prof Shamnad Basheer, Founder, SpicyIP

First, let’s take Justice Gautam Patel. Reading his judgements would remind you of your jurisprudence classes in Law School, which would emphasise three elements of legal reasoning: law, logic and coherence. Justice Patel’s judgments are ‘strong’ and ‘measured’ on all these fronts. Click on this link to see how he inspires his interns to work efficiently in the field of IP law.

Justice (Retd.) Prabha Sridevan served as a judge of the Madras High Court from 2000 to 2010. Post-retirement, she was appointed as the Chairperson of the IPAB (Intellectual Property Appellate Tribunal) from 2011 to 2013. In her capacity as Chairperson of the IPAB, she delivered a number of important IP decisions including one relating to India’s very first (post TRIPS) compulsory licensing case. She also played a monumental role in improving the functioning of IPAB. Most notably, it was her judgment at the IPAB that validated the IPO ruling on India’s first compulsory license in Bayer Corporation vs Union of India and Ors. The matter went in appeal to the Apex Court; argued by the best lawyers in the country. The SC agreed with the robust reasoning of IPAB and the IPO.

As for Prof. Basheer, his contributions to the world of Indian IP are diverse and significant, given that he has been involved with Indian IP for more than 15 years now! Most notably, he founded the ‘SpicyIP blog’ in 2005 as a way of democratizing the discussion around intellectual property issues and to foster more transparency in Indian IP law.

Debunking some misconceptions around IPR

Here are some misconceptions which are unhealthy if you wish to aspire a career in IPR:

Getting an IP job is easy because IP law is ‘hot’

The reality is different. IP law is of an evolving nature. It is changing its shape and sizes with every technological invention, every application of copyright filed and every case of an unfair competition is hitting the news. Moreover, the procedural IP laws adhere to the territoriality principle. The firms are just adapting to it. However, it is not easy to get placed in an IP law firm. It is even more difficult when everyone assumes that it is easy and decide to take this route only.

Technology phobia

No doubt the market is slightly better for attorneys with a technical degree but so is the case with people who have previously worked with an advertising company or a music industry. The consensus regarding this controversial clause of the Patents Act to necessarily have a technical degree is that you just need to have a scientific passion to thrive based on knowledge and understanding of the client’s business and technological space they work in.

It is multidisciplinary. There is too much to study

No matter how much you study any subject. There will always be a new law, which a lawyer needs to study as an when they arrive. It is in your best interest to understand the general framework and how to negotiate within the general types of subject matter, such as statutes and case laws. In addition, there are various types of roles within IP law that may suggest the relevance and importance of non IP courses. For instance, IP litigation. Sometimes it is the non-IP courses such as fundamentals of CPC and contracts that come in handier than actual IP courses during an IP attorney’s practice.

I am halfway through law school. Is it too late to start studying IP laws

This is one of the biggest misconceptions that need to be tackled. Do not let the vastness of the IP law field scare you. Most law schools in India, have kept IPR in their curriculum to be taught in the 6th or the 8th semester, which is the third or fourth year. There is a reason why this is done. No one decides in his or her 1st year to become an IP law attorney. The right time to pick a line of path and start walking on it in any law school would be the 4th year. One should align everything he or she does in a law school ( such as moots, papers & internships) with the path that has been decided.

Top IP law blogs to follow

Below is a list of blogs to follow for an IP law enthusiast.

• IPWatchdog www.ipwatchdog.com
• IPKat www.ipkat.com.
• SpicyIP www.spicyip.com
• IP News Center www.bananaip.com/ip-news-center
• Managing IP www.managingip.com.

Different Careers in IP Law

The area of Intellectual Property Law opens a plethora of career options.  A career in Intellectual Property is a secure one. An intellectual property professional can opt to become a specialist in one of the many Intellectual Property areas. They are so many in number that discussing all of them in one article is next to impossible. However, some of the prominent career options are discussed below:

Litigation

Litigation is an evergreen field. One just needs to give time and work hard to make a name. Due to the dynamic nature of IP law there is an alignment of focus by the judiciary on this area of law also. The lifespan of an IP lawsuit in the commercial courts if functional is comparable to highly ranked jurisdictions of the world. Moreover, IP litigation has a wild landscape, concentrated in the High Courts of Delhi, Mumbai, Kolkata and Chennai. In terms of volume, trademark litigations is at the top followed by copyright and patent.

Patent Related Career Options

The table below illustrates some of the flourishing career options in the area of patent law. 

Law Firms

You can also step into the corporate world as an IP lawyer. The jobs are however tedious, glamour and the money is good. The table below discusses some of the top IP law firms in India.

Propel Your Career with Blogging

The wide array of intellectual property law opens the gates to write about them to educate people. These ventures are often paid and open to both professionals and students. If not a full time thing, IP law blogging is an extra something in their work profile, which on one hand enables them to garner reputation for themselves and on the other hand is of great help to the commoners to understand IP law. SpicyIP is one such example. It is the top 3rd Patent blog in the world.

Some Motivation

No amount of career advice is the end game. No one can assess you better than yourself and tell you what you need to work on. Just work hard. Work harder than anyone above you and below you. Nothing commands respect and satisfaction more than a good work ethic. This career gig isn’t easy but you’ll make it through.

In this article, Porus Confectioner, pursuing Diploma in Entrepreneurship Administration and Business Laws from NUJS, Kolkata discusses the rules regarding issuance of stock option plans.

Introduction

Human Resources is a key talent that drives success in an increasingly knowledge-based corporate environment. The need to obtain, retain and reward talented people has become an important driver to get the best from Employees. ESOS (Employee Stock Option Schemes) is one such tool to make employees a part of the team that brings growth and profitability, by creating a sense of ownership, working towards a common aligned vision and purpose and rewarding persons who have thereby grown the company.

This note proposes to explain the key aspects of Stock Option plans and the legal position and procedures.

As per SEBI (Share Based Employee Benefits Regulations) 2014  the following kinds of share benefits briefly explained below are covered :

• Employee Stock Option Plans (ESOPs): contracts that give employees the right, but not the obligation, to purchase shares at a fixed price.  This is the most commonly used structure.
• Employee Stock Purchase Plans (ESPPs): these plans offer an employee the option to buy the shares at a discounted price.
• Stock Appreciation Plans (SARS): plans that offer an employee to receive cash or share to the extent of the excess of market price over the exercise price.
• General Employee Benefits
• Retirement Benefit Schemes

Our focus here would be to discuss the most popular option, Employee Stock Option Plans (ESOPS).

Employee Stock Option Plans ( ESOPS)

Definitions

ESOPS are contracts or schemes that give employees the right, but not obligation to purchase or subscribe to a specified number of shares of a company at a Fixed price (called Exercise price)  after a specified lock-in period. The exercise price remains constant, whilst the share price may move up or down.

The following laws cover the issuance and administration of ESOPS:

• Companies Act, 2013 and allied rules
• SEBI (Share Based Employee Benefits) Regulations 2014 and amendments
• Foreign Exchange Management Act, 1999
• Income Tax Act 1961
• Department of Public Enterprises Guidelines, where applicable
• ICDR Regulations 2009

Section 2 (37), Companies Act 2013,  defines Employee Stock Option thus :

“Employee Stock Option“ is the option given to directors, officers or employees of a company or it’s holding or subsidiary company or companies, if any, which gives directors, officers or employees, the benefit or right to purchase, or to subscribe for, the shares of the company at a future date at a predetermined price.“

As to who is an Employee is also spelt out in the 2(1)(f) of Share Based Employee Benefits Regulations, 2014 as well as Companies Act, 2017.  Both definitions are similar.

ESOP Procedure

The SEBI (Share Based Employee Regulation) 2014 and its amendments up to March 2017 is comprehensive and details all the requirements for setting up and administration of ESOP Plans, whether through the Direct or Trust route.

Ordinarily, though it can be, ESOPS are not given to all employees.  The first step would be to set up the ESOP and understand and identify the seniority level of employees would be offered ESOPS.

Eligibility for ESOPs

Guidelines under Companies (Share Capital and Debentures) Rules clarifies who is eligible for ESOPs:

1. Permanent employee of a company who has been working in or outside India
2. Directors of a company, whether whole time director or not, but excluding an independent director
3. An employee as defined in Clause a and b of above rules of a subsidiary, in India or outside company but does not include
   1. An employee who is a promoter or person belonging to a promoter group
   2. A director who either himself or through a relative or through any body corporates, directly or indirectly, owns more than ten per cent of the outstanding shares of the company.

Once a company has identified eligible employees the next steps would remain as follows:

• Prepare the ESOP Scheme
• Have the ESOP Scheme approved by the Remuneration and Compensation Committee at a Board Meeting. This is described in further details below.
• Convene Shareholders Meeting with details as specified in Rule 12, Companies (Share Capital and Debenture Rules) 2014. The details to be included are –
  • total number of stock options granted
  • identification of the class of employees eligible
  • appraisal process for determining the eligibility of the employee
  • details of vesting and vesting and lock in period
  • maximum no. of options that can be granted per employee

Directors Report

Once the Scheme is ready and enforceable, the company, in the Directors Report is required to furnish all details in the Year with the following details:

• Options granted, vested and exercised and total shares exercised,
• exercise price,
• options lapsed,
• any variations in terms of options,
• money realised, options in force, etc.

Where the option is not taken by an employee, it shall be renounced to the institution, since they are not transferable.

Also required to be mentioned are options granted to:

1. Key Managerial persons
2. Any other employee who has received more than 5 % of total allocated options
3. Employees who have been granted more than or equal to  1 per cent of the Issued capital

Register

The company shall maintain a register, at the registered office,  of Employee Stock Options and shall update the options immediately with regard to the particulars of the option granted. The entries in the register are to be authenticated by the Company Secretary or a person authorised by the Board.

Remuneration and Compensation Committee

The members of this Committee are constituted by the Board and as per Section 178 of the Companies Act 2013 and may act as the Compensation Committee for the purpose of approvals and implementation of the SEBI ESOP guidelines. The role of the Compensation Committee is to ensure that detailed terms and conditions of the plan are in accordance with all laws, including Compliance with Prohibition of Insider Trading Rules and Prohibition of  Fraudulent and Unfair Practices relating to Securities markets regulations. The role extends to ensuring adherence to guidelines by the delegation of powers to officers of the company as required.

Shareholders Approvals

The requirements of Shareholders approvals for the ESOP are enumerated in the SEBI rules and require shareholders approval by passing a Special Resolution.  The scheme approvals need to cover:

1. Description of schemes
2. Total number of options, shares, etc, to be granted
3. Identification of classes of employees eligible to be beneficiaries and appraisal process for identifying the employees in terms of performance parameters  
4. Requirements and period of vesting including the maximum period in which vesting must happen.
5. Exercise prices and formulae, periods, methods of valuation and maximum quantum of benefits per employee
6. Whether the scheme is to be administered directly or through trusts.
7. Guidelines to ensure Fair Value of shares/options and disclosure in Directors Report

In the following circumstances separate shareholder approvals are required :

1. Where the acquisition of stocks from the Secondary market is needed for implementation of the scheme. The Limits fixed for acquisition should be within the SEBI rules.
2. Similarly, where the secondary market acquisition is through a trust, to maintain the maximum 5 % cap as required by SEBI rules.
3. Where there is Grant of options to employees of subsidiary or holding company
4. Where Grant of options/Shares exceeds 1 % of the Issued Share Capital of the company during a particular financial year.

FEMA provisions for ESOPs

Many persons entitled to ESOPs work in foreign countries. The provisions of FEMA (transfer of issue of securities to a person resident outside India) Regulations, 2000, FDI regulations and Policy cover the relevant provisions in such cases.

The regulations permit Indian companies issuing shares to employees abroad or employees directors of holding/subsidiary companies abroad provided:

• The ESOP scheme is as per companies Act, SEBI rules, and Companies (Share and Debentures) Rules of the Central Government
• That all sectoral caps have been observed and adhered to
• Where Foreign Investment in a company is as per specific FIPB guidelines, the option/share has to be in accordance with FIPB approvals
• Prior approvals for any such options/shares for Bangladesh or Pakistan
• RBI may also require specific reports for options/shares to Non Residents at such frequency as set out by RBI in the specific form within set time limits of the issue of shares.

Income Tax Act 1961

Generally, ESOPS for employees are tax deductible in the books of the company being considered a legitimate expense for retention and promotion of employee performance. The discount or difference is wholly and exclusively chargeable as legitimate expenses, though care should be taken to ensure that differences or discounts ware reasonable and properly accounted, to stand scrutiny from income tax authorities. The SEBI (Share Based Benefit Regulation) 2014, gives the accounting requirements also to be set out for recognition of the Fair value of the shares. Here, the SEBI Guidance note for Accounting for SEBI share based employee benefits rules need to be followed.

With most Corporates having moved to IND-As accounting standards, these would mostly now be followed for accounting and tax purposes in India.  

Trusts

Before 1999 a number of ESOP offers Plans were set up as trusts since organisation felt the need to create a separate structure to monitor and control ESOP administration.

However, on noticing sharp practices which gave rise to fluctuation in share prices, using ESOPs shares and options for purposes other than strict rewarding of employees, including share manipulation, SEBI guidelines had prohibited trusts of listed companies from the purchase of secondary market shares in settlement of their employee options. This caused an inconvenience to listed companies who then were at unable to settle their employee plans

However, by subsequent amendments to the SEBI (Share Based Employee Regulations), listed companies were again permitted to purchase shares from registered stock exchanges in settlement of employee stock options.  However, the Trust based plans are far more onerous in terms of Compliance. There are rules, reporting standards, information to stock exchanges, monitoring and controls, limits on the number of shares that can be purchased from the secondary market in a particular year, disclosures with regard to voting rights if the shares are not exercised directly, disclosures by the trust, etc to ensure strict compliance with the purpose for which the shares were given as well rules to ringfence existing shareholder rights.

All such requirements are detailed in the SEBI rules for listed companies to follow.  To please take note of the fact that the trust structure is very onerous and is to some extent, difficult to administer, given the stringent rules.

Conclusion

The above set out the procedure and requirements for the offer of ESOPs to employees more on a direct route. The onerous requirements in case of a trust for the purpose have also been explained.

Companies, especially in the new growth knowledge sectors of Information Technology, Business Process Outsourcing, Pharmaceuticals and web-based service offerings have taken the benefit of the offer of ESOPs to retain and upgrade talent.  A number of listed companies also offer ESOPs for senior managerial staff. The ESOP rules are now set in place and rules are set in place for listed corporates to follow in practice.

However, the real benefits of ESOPs accrue to the relatively smaller unlisted companies who need to draw and retain experienced and knowledgeable talent. The options for unlisted companies are limited to share buy back or buy off from Venture Capital or PE Funds or await listing for employees to benefit. SEBI guidelines exist for unlisted companies too and even here the practice is more or less set in place.

This article is written by Mohona Thakur from Team, iPleaders.

What is the first thing that comes into your mind when you read media laws written somewhere? Do you think media laws is synonymous to intellectual property right laws?

Don’t worry, you’re not alone.

In case you sit to consolidate the laws governing the media and entertainment industry in India (like I once did a couple of years ago), you would possibly come up with a 5 page document that only consists of legislations that govern the media in all its forms – print, radio, broadcast, telecom and digital. When you categorise the laws industry-wise, you wouldn’t have so much of an issue coming up with a comprehensive list.

In order to cater to various kinds of media industries that exist in the 21st century, it is important to not only know how their businesses function, but also learn and understand how this business is regulated and protected.

Here is a comprehensive list of laws (industry-wise) that you must wrap your head around if you’d like to pursue a career in media and entertainment laws:

• Broadcast Laws

In an interview two years ago with one of the top production houses in the country, I was asked about the laws I thought that governed the broadcast industry. What kind of legal work do you think the teams at Star India or Viacom 18 do?

The broadcast laws find their backbone in the Copyright Act. Whether you are talking about the rights of the artists, infringement of a copyrighted song, royalties payable to original authors or licensing or assignment of copyrighted work, the answers to these questions lie in the copyright laws.

But that’s not where it ends. Media laws is an offspring of what wholly constitutes as Intellectual Property Rights (IPR) laws. When we write about broadcast laws in India, there are tonnes of regulatory laws that exist in this space. Here is a list that maybe handy:

• Cinematograph Act 1952 and Certification Rules 1983
• Trademarks Act 1999
• TRAI Act 1997 and Rules
• Prasar Bharti Act 1990
• Cable TV Network Regulation Act 1995 and Rules 1994
• Uplinking and Downlinking Guidelines
• Advertising Laws under ASCI
• Sports Broadcasting Signals 2007
• MIB Advisory on CBFC Certificate before trailers
• MIB Advisory on Rash Driving

In addition, while dealing with disputes arising out of such cases, you may want to have a few concepts such as ‘John Doe’ orders, format rights, obscenity, hurting religious sentiments, and the likes on the tip of your fingers.

• Print Media Laws

Laws governing and regulating the print media begin with the Constitution of India. The freedom of speech and expression as envisaged in Article 19 1(a) of the Constitution of India is where media laws took birth. This is how the newspapers got the right to voice their opinions, report incidents at large to the democracy. However, as we all know, this very freedom is curbed by reasonable restrictions under the very same Constitution to meet the checks and balances.

Did you know that we have an anti-espionage law in India? A law that overrides our right to information? One that affects what can be or cannot be published in newspapers? Ever heard of the case of Iftikhar Gilani?

Heard of the Press Council? Aware of what place it holds in the print-media industry? Did you know there is a specific act in place to determine the amount to be paid to working journalists? Or that there was a law that stated what could or what could not be published in newspapers with respect to parliamentary proceedings?

In case you were unaware, then it’s time you open your minds and read up and educate yourselves! There are a few online courses on media laws that offer to teach you about this industry in detail. And if not, I’m leaving a list of laws in India that govern the print media:

• Constitution of India – Article 19(1)(a) – Freedom of the Press, Article 105 and 194 – Parliamentary Privileges.
• The Press and Registrations of Books Act, 1867
• The Press Council Act 1977
• The Official Secrets Act, 1923
• The Parliamentary Proceedings Act 1977
• The Price and Page Schedule Regulations Act 1956
• The Delivery of Books and Newspapers Act 1954
• The Working Journalists and other Newspaper Employees Act 1955
• Working Journalist Wage Bond Rules 1956
• Working Journalists and other Newspaper Employees Tribunal Rules 1979
• Working Journalists Act 1958
• Advertising Laws under ASCI and various other legislations

• Laws Governing the Internet

What governs data privacy in India? What are the implications of the application of GDPR to Indian companies? What are the liabilities of platforms and intermediaries in the light of Cambridge Analytica?

What exactly do you do when you learn that content from your blog has been replicated in another blog? Are there any laws in India that protect against theft of content? Will takedown notices work? How do you learn how to draft take down notices?

These are real questions that are asked day-to-day while running a technology business. Answers to these would probably come through experience, or if you’re interested in beginning early there are online courses on cyber laws that bring some of the best in the industry to teach you what the industry requires you to learn.

Here is a non-exhaustive list of laws that govern the internet space:

• Information Technology Act 2000
• Telecom Regulatory Authority of India (TRAI) Act
• Prevention of Children from Sexual Offences Act 2012
• General Data Protection Rights (GDPR) Compliance
• Intellectual Property – Licensing and Assignments
• Law of Contracts

To be honest, the internet industries and businesses run more on the prevalent practices as there are no solid laws to regulate them today. From privacy policies to terms of use and conditions are a matter of practice. The contracts that the companies enter to follow the basic principles of Contract Law. This space is still largely unregulated, the IT Act is being amended from time to time to keep up with the technological advancements and the cyber crimes that come along with it.

• Advertisement Laws

Ever seen the advertisements on TV selling Carlsberg glasses and Blenders Pride Music CDs? They are brands majorly known for alcohol, advertising for something that they aren’t known for. In business parlance, this is known as ‘brand extension’.

This is specifically done to avoid surrogate advertisements. Brands extend their names to other products that are not banned from advertising, such as music CDs, sodas, glasses. However, they cannot possibly not be manufacturing those products for which they are advertising, because that would not only amount to surrogate advertisements but also be misleading in nature.

There are number of laws that seem inconsequential that govern advertisements in India. Let me ask you a question I was asked on the first day of my internship at HT Media: Can you commercially use the Indian National Flag on the front page of the newspaper? Do write in your answers to me at [email protected]

During my time at law school, I had made a checklist to a number of the advertising laws that shall be of use to all of you:

• ASCI Code of Conduct
• Consumer Protection Act, 1986
• Trademarks Act 1999
• Prize Competitions Act 1955
• Prize Chits and Money Circulation Scheme Act 1978
• Drugs and Magic Remedies Act 1954
• Indecent Representation of Women Act 1986
• Young Persons Harmful Publication Act 1956
• State Emblem of India Act 2005
• Emblems and Names Act 1950

Various other laws such as the Lotteries Regulation Act and Competition Laws also come handy while fighting cases of misleading advertisements or unfair trade practice. Ever heard of the famous Surf Excel 10/10 case on misleading advertisements? If you haven’t you can read more about the case here.

• Laws on Defamation, Blasphemy, Sedition and Obscenity

Need I remind you of the cases filed against Vishal Dadlani for defaming the Jain monk two years ago? The case filed against All India Bakchod (AIB) for obscenity after the Knockout Roast aired on YouTube between Ranveer Singh and Arjun Kapoor? Or the very recent case of sedition filed against Kanhaiya Kumar of JNU for singing an allegedly hate-filled, anti-national poem?

These all form a part of media laws because of the simple fact that these laws are at the very essence of the freedom of speech and expression. While these laws maybe touched upon while teaching IPC in law school, they aren’t always taught to us at length focussing on the consequences that such criminal offences would have on businesses as a whole.

Imagine the loss and the mental agony that may have been caused to Vishal Dadlani due to one tweet, the rounds that AIB may have had to take to their lawyers for organising an hour long YouTube video, that ultimately did go viral.

• Contract Drafting, Negotiation and Litigation Skills

Whether it is a software licensing agreement, or a product endorsement agreement, your contract drafting skills have a huge role to play. You must be aware of the boilerplate clauses that are required in these contracts. A huge role of both, an inhouse media lawyer as well as a media law firm associates involve negotiating and drafting various commercial contracts.

All the industry specific laws that I have written about, knowledge of the same culminates in the form of arguments while drafting a petition on commercial disparagement or misleading advertisements or copyright infringement for that matter! You shall have an added advantage if you not only know the industry specific laws and practices but also know how to draft a takedown notice, an application for interim injunction against copyright infringement, and understand how the various courts function.

While these cases ranging from Shreya Singhal’s landmark judgment in the case that held Sec. 66A of the IT Act unconstitutional, to the very many ongoing cases of commercial disparagement, misleading advertisements, defamation, copyright infringement, etc. are day-to-day reality, there are very few lawyers in this country that specialise in this area of law.

The laws are many and scattered across various legislations. The business that revolve around these laws are not only the production houses, artist management companies, advertising houses, news broadcasters, media houses, but also FMCG companies, telecom companies and service providers and various e-commerce companies and startups.

You need to be prepared. And prepared well. Begin with basics, make a list of legislations that are covered under media and entertainment laws. Take up a course on media laws to understand the applicability of these laws in practicality, strengthen your drafting skills, understand how courts how, read articles online on relevant topics and last but not the least, know the needs of the industry in and out.

Keep learning, keep growing!

A couple of years ago, I had to oversee my family business after my father’s sudden demise. It is a small publishing house for school textbooks and has been in our family for about four generations. It had been only two years since I was working as a lawyer and I was struggling to get a grip on my legal career. Then this happened, and I was to run a business!

It was a monumental task for someone who had barely any knowledge of the legal industry, to also run the family business.

Thankfully being a lawyer, I had learnt to never say no to any work that comes my way and to learn it on the job. However, what I did not anticipate was the different aspects of running an entire business. Whoever said lawyers are cut-throat should meet businessmen. They are the real sharks. And soon enough the shark came circling as they realised that a newbie had taken the reins.

I struggled for a good year before I got somewhat of a grip on things. There were shop establishment licenses to be renewed, accounting books to be maintained, sales, marketing, purchasing materials, typing and finalising of the manuscript, designing, employment contracts and management, salaries and bonuses, creditors to pay and so on.

It was a herculean task!

I made a lot of mistakes from missing the deadlines for filing the returns, to being called upon by the Income Tax Department for review of our books of accounts! It turns out that our chartered accountant and tax advisor had passed away a few months before my father, and we never found a replacement. So there were additional tax issues along with the dissolution of the partnership firm since the other partner wanted an out.

All this was just me overseeing the business to assist my mother, who had stepped into my father’s shoes. I was also working full-time for a company. To say I was barely afloat is an understatement. I was thrown to the deep end and was drowning. That is until I learnt how to swim, eventually.

I realised through this arduous journey of about two years that it is difficult to manage a business. But as a lawyer, I was quite taken aback by the knowledge of law a business owner requires, in their day-to-day activity. If I were working for another business in the capacity of a lawyer, I would have required a variety of expertise, even to be able to advise the client.

It got me thinking about the areas of laws which a lawyer may focus on to have a successful legal career. The realisation came from an informed place of knowing what a business needs from their legal advisor. If our small business needed a full-time lawyer, imagine the requirements of the big clients and companies, who pay handsomely for legal advice and services!

So I have narrowed down to the basic five areas which are crucial to the functioning of any enterprise and calls for legal expertise:

• Contract Drafting, Negotiation

All businesses, big or small run on dealings between parties. It could be related to investment, purchase, sale, marketing, employment, etc. The consensus in transactions is difficult to achieve by the parties alone. This is where a lawyer comes into the picture.  It is a lawyer’s job to figure out what the clients want and draft the terms and conditions accordingly. A good lawyer knows what to ask for in a negotiation, and what to give up to get the best outcome for their client.

From drafting a variety of contracts for mergers or acquisition of businesses to the employment agreement, suppliers agreement, outsourcing contracts, etc., and their negotiation – a lawyer does it all. There is a need for lawyers to know how to draft such agreements in their day-to-day work profile or to increase their clientele.

So for any lawyer, the area of contract drafting and negotiation will open many doors. The art of drafting an airtight contract comes from years of practice. There are contract drafting courses which teaches the nuances of drafting a solid contract.

• Employee Management Labour Laws

Richard Branson, the business magnate and investor, famously said, “Clients do not come first. Employees comes first. If you take care of employees, they will take care of the clients.”

All organisations are run by their workforce. A company is as good as the people who work for it. Therefore, there is a requirement for effective recruitment of employees and their management. The human resources personnel need to be conversant with the industrial and labour laws. But the lawyers need to be able to guide the company and management through the employment contracts, employee-related dispute resolution, sexual harassment lawsuits, labour lawsuits, etc. They also need to draft necessary policies, conduct workshops wherever necessary for employee management labour laws.

There is a huge demand for lawyers in the recruitment space. The recruitment companies like Vahura-Legal Talent Management, Randstad India, Manpower Group, IKYA Human Capital, etc. all need lawyers adept in employment laws to assist in the recruitment, guiding the human resource personnel. There are industrial and labour law courses available for building an expertise in this field of law.

• Information Technology and Law

In the era of internet companies, and e-commerce websites and applications, a lawyer needs to be in the know of the tech-legal aspects. From identifying the jurisdiction to areas like cybersecurity, data privacy, GDPR compliance, regulation of payment getaways, software licensing, cyber crimes, etc., the lawyers need to know the applicable laws.

The lawyers are needed for deals like in the case of Flipkart-Walmart acquisitions or to protect the intellectual property in cases like Google-Samsung. Then there are crimes like data theft, identity theft, cyber fraud, or security breaches as in the case of the Panama paper leak, which requires cybersecurity experts who understand the technological and legal implications.

There are online cyber law courses which are comprehensive in cyber law, fintech and technology contracts. They provide the theoretical and practical aspects of the laws involved.

• Intellectual Property Laws

Necessity is the mother of invention. But it does not protect it from intellectual property theft or infringement. From the appearance of a product to its name, its functions and utility everything requires legal protection, to avoid infringement of owner’s rights. This requires expertise in intellectual property laws.

There are different areas of the IP laws which cover various aspects of any product or rights thereof. Copyright covers the rights of the author or owner on his work like books, songs, performance, dramatic works, etc. Trademarks protect the distinguishing word, phrase, symbol, product shape, or logo of goods. Patent laws protect the inventions or innovations of a product. The design laws defend the aesthetics of any article or product of manufacture.

An IP lawyer needs to know which law is applicable and when. Whether a new application requires protection under copyright law, trademark law or patent law depends on its nature, function and proprietary value. If there is nothing proprietary in a product, then patent laws will not protect it. In such a case the copyright and trademark laws might be attracted.

For more detailed and comprehensive learning of the practical aspects of IP laws, you may read more here.

• Alternative Dispute Resolution

Dispute resolution is the bread and butter of lawyer. Any contract is drawn to state the terms and conditions clearly, rights and obligations of the parties to minimise the disputes. In case of a dispute, any decent contract will provide for a dispute resolution mechanism.

While litigation remains a popular dispute resolution mechanism, the time and monetary constraints involved are much too high. Therefore, for speedy and cost-effective dispute resolutions, people are leaning more towards alternative dispute resolution mechanisms like arbitration and mediation.

Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute. In choosing arbitration, the parties opt for a private dispute resolution procedure instead of going to court. In mediation, the disputing parties work with a neutral third party, the mediator, to resolve their disputes. The mediator facilitates the resolution of the parties’ disputes by supervising the exchange of information and the bargaining process.

There is an increasing number of people opting for arbitration over litigation as they are swifter and much less costly compared to litigation.  Therefore, more and more lawyers have quickly adapted to the situation and learnt the mechanisms of the arbitration. One may learn more about arbitration and dispute resolution more comprehensively here.

Lawyers need to continually evolve and learn in their profession to be at the top of their game. While law school teaches us theoretical aspects of the subjects like contract laws, negotiation, labour laws, IT laws/cyber laws, IP laws, alternative dispute resolution, etc., it fails to prepare us for the real world. The lawyers have to learn these skills through years of practice, and then they manage to gain expertise in one or two areas at best.

But the clients need an all-around legal expert who can advise on a variety of subject matters. They want multiple experts at the cost of one. So they have to get the lawyers who are an expert in multiple domains. There are online courses available on business laws which cover all these topics and offer practical applications through regular exercises.

As technology evolves, so does the requirements of businesses. Now, everyone wants a well-rounded legal expert who has the proficiency in more than one aspect of the law. There are jobs out there in companies looking for dual-qualified lawyers who can handle a varied range of issues and disputes. It will require hard work and focus to be able to keep up with the task at hand. To learn and evolve as a legal expert is the only way to survive these competitive times in the industry

So keep learning!

In this article, Qamar Jafari Ali of RMLNLU discusses how to tackle cyberbullying activities.

Introduction

Expansion of the World Wide Web enabled us to create our own identities on the internet, which in a way turned traditional bullying into cyberbullying. The latter is more devastating, has a greater audience and transcends physical boundaries. A recent survey by Microsoft noted that cyber-bullying was on the rise among Indian children and teenagers in the age bracket of 8 to 17. While the term cyberbullying may not be a part of an Indian youth’s vocabulary yet, a significant 53% of Indian children said that they had faced negative experiences online. Unfortunately, in the Indian paradigm, Cyber Bullying is only a serious concern when it leads to extreme consequences.

This article aims at improving the reader’s understanding of cyberbullying and why we need to acknowledge it as a serious crime.

Understanding Social Media Vulnerability

Dr K Jaishankar who is the editor in chief of the International Journal of Cyber Criminology defines cyberbullying as:

“abuse/ harassment by teasing or insulting the victims’ body shape, intellect, family background, dress sense, mother tongue, place of origin, attitude, race, caste, or class using modern telecommunication networks such as mobile phones and Internet.”

This definition can be narrowed down into three components.

1. Teasing words or gesture.
2. Motive/Intention to diminish or attack the identity of a person.
3. Conveying the same to a wide audience via telecommunication or the internet.  

This gives us an idea that any threat to a person’s identity via telecommunication and internet comes under the ambit of cyberbullying. Now let us look at the definition of Social Media as defined by D.M Boyd and N.B. Ellison in their book, Social Network Sites: Definitions, History and Scholarship[1] and try to understand the clashes in both the definitions.

Social Media can best be defined as web-based services that allow individuals to

1. Construct a public or semi-public profile within a bounded system.
2. Articulate a list of other users with whom they share a connection.
3. View and traverse their list of connections and those made by
   others within the system.[2]

The clash is between the social identity transcending from our real identities on these platforms. Any threat to it becomes a threat to our identity. Therefore, these social media platforms which act as a trolling hotspot these days, make us vulnerable in a very inquisitive way.

Statistics

Cyberbullying spreads across various platforms and various jurisdictions. India ranks third globally in terms of cyberbullying.[3] These pictures below show some alarming cyberbullying data on average metrics.

Source: https://cyberbullying.org/2016-cyberbullying-data

How to tackle cyberbullying

• If it is an instance of ‘minor teasing and name calling’ avoid retaliating, if possible. Often it is the bully’s prime objective to get a reaction from you to which feeds to his online behaviour.
• Block the bully.
• Social Media privacy policies are your best allies. Use them efficiently. Report the incident to the administrators.
• Document the evidence.
• Your parents and friends are your back up. Call them up.

Also, various organisations are running with a prime purpose of spreading awareness and combating cyberbullying such as Megan Meir Foundation, Stomp out Bullying, Cyberbullying Research Center etc. These organisations work tirelessly to provide us with a better understanding of the issue and how to get out of it.

You can reach out to the following for Help – List of Cyber Crime Investigation Cells in India

Below is a table of relevant authorities with their addresses and contact numbers which one can reach out to while facing cyberbullying.

Legal Recourse

India is yet to have a focused law on the subject of cyberbullying. Indian Penal code was amended in 2013 to incorporate cyberstalking as a crime but that is gender specific and helpful to women only.

The following table illustrates different laws related to cyberspace crimes.

Cyber crimes have no set jurisdiction. It can be reported to the Cyber Crime Unit of any city irrespective of the place where it was committed. One can also file an FIR.

Section 66A Imbroglio

Section 66A of the IT Act bid farewell to the legal system at an early age. Section 66A was a shimmering light in the dark world of cyberbullying. The repeal of 66A was a direct result of mishandling the law under the pressure of some politicians.

Below is a table of various instances where section 66A was screwed-up to such an extent that the Honourable Supreme Court of India thought that the only way to come out of this problem is to scrap it. [4]

Although the arrest was justified by many regarding the debate of free speech and hate speech, the essence of 66A to act as a guardian against the social media atrocities was missed that put it under scrutiny time and again.

Relevant Case Laws

Manish Kathuria Case – Stealing the online identity of a person is an offence under the IT Act and is a form of cyberbullying

• This is considered to be the very first reported case of cyberstalking in India. Also the eye opener for the lawmakers and the reason of amendment of IT Act 2000.
• Manish Kathuria stole the identity of a woman named Ritu Kohli and used to chat in her name online in obscene language. He also made her contact number public in the chatroom.
• He was booked under Section 509 of IPC for outraging a woman’s modesty, as Section 66A was yet to be born.  

Karan Girotra v. State – Sharing obscene images is a cyberbullying offence.

• This case points out how difficult it is to prove the cyber crimes in a court of law owing to the conservative attitude of the judiciary.
• Shivani Saxena during her period of divorce with her first husband Ishan met Karan online who later proposed her to marry her. She refused as she was still married to Ishan. Karan insisted to marry her after she is divorced.
• On the pretext of introducing her to his family, he takes her to a house. Makes her unconscious and sexually abuses her. He also clicked pictured which he later used as a leverage to gain more favours.
• Though the court did not allow anticipatory bail to Karan on account of him sharing the obscene images, but it also inclined towards the fact that the complainant filed the FIR only when the accused refused to marry her and the sex was consensual.

The case of Yogesh Prabhu – Stalking is punishable under 354D of the Indian Penal Code.

• This was the first ever conviction secured by the Mumbai Cyber cell. The court convicted Yogesh Prabhu for stalking and sending obscene images.
• A three-year term was given with a fine of 10,000 and 5,000 under Section 66E and 509 of IT Act 2008 and IPC respectively.

Hurdles in Curbing Cyberbullying

Acknowledgement

This problem has been around for two decades now. Still, the awareness about it is minimal. Schools, law enforcement and even our parents are either unaware of any such phenomenon or choose to ignore, considering it trivial. Unfortunately, the victim is left alone in this setup an often hesitates to talk. In India, due to the societal indoctrination, it is the embarrassment among adults and the fear of getting your freedom compromised especially if you are a female, stops the victim of cyberbullying from addressing the issue head-on.

Who will take up the cudgel?

Our schools and parents teach us how to behave in the physical world. But we have very little education on how to behave online. In most cases, parents dust off their hands due to their limited understanding of the new age technology or sometimes even lack of time. Schools and law enforcement take action, if any, post the trauma experience. This happens due to the lack of an environment to talk about these issues due to which the bullying slips through the cracks or is either mismanaged. It is not the prerogative of any single institution to create that environment. Only a collective effort from the community at large will result in some meaningful difference.

The anonymity of the wrongdoer

The safest way of committing a crime on the internet is by wearing a cloak of anonymity. This, however, turns out to be a difficult situation for the law enforcement and the victim in tracing the perpetrator.

Lack of Jurisdiction

Cyberbullying by nature is a global crime. The principle of territorial jurisdiction does not apply because these crimes can also be committed through a server located anywhere on the globe.

Conclusion

Cyberbullying is a battle that is being fought half-heartedly. India needs a specific legislation focused on the social media and telecommunication atrocities. More than that, discussion and dialogues regarding cyberbullying so that it results in people being educated about the issue and the plight of the victims are heard by our lawmakers.   

[1] Boyd, D.M & Ellison, N.B. (2007), Social Network Sites: Definition, History and Scholarships, 13 J. Computer-Mediated Communication, 210-230 (2007)

[2] Id

[3] India Ranks Third on Global Cyber Bullying List <http://www.endcyberbullying.org/india-ranks-third-on-global-cyber-bullying-list/ >

[4]Shreya Singhal v. Union Of India.

[5]2012 SCC OnLine Del 2673

I was not placed straight out of college. I did not even have a pre-placement offer (PPO) in hand when I graduated law school.

You must be thinking, why and how am I writing about the most needed skills for getting a PPO? Because, I worked in the industry long enough and spoke to the ones who secured a PPO to know what I could have done differently. It sure would have saved me a lot of time. At least now you can save time and not repeat my mistakes.

When I was in law college, I had almost no guidance as to how to do things right, professionally. I did internships to figure out which area of law I liked better. I did not write or publish any articles. I did participate in moot court competitions and some pro-bono work. But I was doing the work all wrong. I was all over the place. If I were to look at my college resume, I would not hire me either!

So what did I do wrong?

My resume reflected my state of mind – confusion. I had done internships in civil law, criminal law, a litigation firm, a company, and an NGO. I had done one paper presentation on Lokpal Bill, had slightly above average CGPA. There were some extracurricular activities too. But my resume was as incoherent as I was about my career prospects! I landed my first stable job at about 1.5 years after graduation. I had worked with a law firm before that, but my stint with media and entertainment industry is where I found my footing.

I realised what I did wrong once I was doing the job. But then I went back recently to a few of my batch mates and asked them how they got a PPO and how different their career trajectory was from mine. The difference was significant as I had lost significant time trying to figure things on my own.

You don’t need to do that. I will share what I learnt from the different people about the must required skills for getting a PPO.

Writing Research Articles

The most critical skill set for a lawyer is writing. A lawyer needs to write briefs, applications, contracts, opinions and more. But the journey of writing begins in law school, with writing research articles.

Pick up an area of law which interests you as a career. It can be from criminal laws, real estate laws, tax law, media laws, intellectual property laws, cyber laws, etc. Then find a relevant or current topic and start writing a well researched, original, nuanced piece on it. It does not have to be 100 pages long or a dissertation. It just has to be crisp, nuanced enough to demonstrate your interest and knowledge in the domain.

I spoke to batch-mate who had bagged a PPO from a tier-one firm. He said that it was because of his interest in taxation laws and well-researched articles that he got the right internships and eventually a PPO. He clarified further saying that publications should not be random, but nuanced pieces that contribute to the academic discussion on the topic. Having them published in internationally renowned and peer-reviewed journals was the key to bagging his pick of the internship in his chosen field of law. The law firm that hired him found his ideas in the publications intriguing. So writing nuanced pieces in your area of law will set you apart from the crowd in the very beginning.

Contract Drafting

Any young lawyer or law student should learn how to draft a contract. It helps in making a little extra income and improves the knowledge. To know more about it, read this article.

Another peer shared her story about how she got through one of the top banking companies by demonstrating a strong knowledge base in contract drafting.

Most companies and law firms have a lot of contract drafting in their day-to-day work. Be it an M&A profile, or an in-house lawyer, contract drafting is quintessential to the job. You can learn more through contract drafting course to secure the internships or get a better job.

My peer shared her experience by stating that since she had internship experiences where she learnt about contract drafting, her knowledge about contract laws not only showed on her resume but throughout her interview rounds. She believes that is what set her apart from the other candidates. She had excellent grades, internships, publications, etc. just like her peer, but the knowledge of contract laws and SEBI regulations helped nudge things her way.

Know the Industry

It always helps to dip your toe into the water before diving into it. Similarly, knowing about the industry you’re interested in is essential. You can read about their history online, keep up with them in the news, follow legal blogs like Bar&Bench, Live Law, etc. to stay updated about the industry you’re interested in.

I had always looked up the companies I was applying to for internships or jobs to find out more about them. The organisations appreciate someone who did their homework and know their workings over a person who does not. Imagine you’re holding an interview. Which candidate would you pick if the qualifications were at par – the one who knows your company or the one who does not?

You need to know the current news, the company’s current latest performance, if they were in any recent lawsuit, their history and things like that. It not only demonstrates your interest in the company or organisation but also shows that you are willing to go an extra mile.

Interpersonal Skills

Soft skills are as crucial as your publication or assigned work.

I recently spoke to a colleague about his insights for a particular article. I presumed since he is a busy man, he will be pressed for time, so I introduced the topic abruptly to him. He asked me to repeat the question in a soft manner. I failed to understand the reason. Then he patiently explained to me that while asking for insights I should ask him questions in a particular manner, and not be all business-like about it. This way the other person will be able to share more candidly. That’s when it hit me. I need to improve my interpersonal skills!

In most technical rounds of job interviews, there are hypothetical situations and you are required to solve them. If you have interned with an organisation and showed an interest in them beyond the assigned work, it will not go unnoticed.

During internships, you are working with possibly your prospective team members. You must leave a good impression on them both with your work and interpersonal skills. Are you a troubleshooter? Do you go beyond the scope of your assigned work to get things done? The people you interact with, work on a daily basis for a month or two must have something to remember you by. Interns come and go through the organisations, very few are retained. So what are they doing right?

Networking should be done right. It is not the over-eager intern hanging out with the associates. It is the smart, hard-working intern who not only does the assigned work but goes an extra mile when needed. Internships are the best time to analyse if an intern can be a good fit for the organisation. So remember that you are leaving an impression on them irrespective of the fact whether you are trying to or not.

Knowing what not to do is half the battle won. Doing what you must do is the rest of the task. Remember that you’re making way to a career during your internships or through your skill development. You should try to showcase your skills as much as you can, through publications, your knowledge and interpersonal skills.

Good luck!