IP disputes

This article is written by Oishika Banerji and Zehra Jamal. The article explores the various international job opportunities that are available for an Indian IP lawyer. The article further elaborates on the formal requirements for pursuing such international jobs in IP law. The article tries to cover the maximum information available regarding international careers for Indian lawyers in IP law.

Table of Contents

Introduction

The term “intellectual property” refers to those creations of the human mind that are intangible in nature. For the protection of such intangible creations of the human mind, the intellectual property law has been developed. The intellectual property law (hereinafter referred to as ‘IP law’) is thus, an emerging branch of legal studies that correlates with the protection of intangible assets created by human minds. 

In recent times, several lawyers in India have chosen to specialise in IP law as compared to the older times. The reason behind such a change is the availability of good jobs and career prospects in the field of IP law. The availability of jobs in the field of IP law isn’t just limited to India, instead, there are several international job opportunities available for Indian lawyers in IP law.

Download Now

Several big economies, such as the United Kingdom, the United States of America, China, etc. also offer various job opportunities for Indian lawyers in IP law. An Indian lawyer specialising in IP law has a huge earning scope in these countries. IP lawyers have numerous roles and job openings in these countries. 

However, they are not the only countries where international job opportunities are present for Indian lawyers in IP law. Several good international jobs and careers for Indian lawyers in IP law are also present in other countries as well, such as in Japan, Korea, other East Asian countries, etc. Also, the international opportunities for IP lawyers in India are not restricted to just these regions of the world. In fact, there are various international opportunities for Indian lawyers in IP across the globe. However, it would not be a great idea to discuss all such opportunities in a single article, because that would compromise the quality of the article, and lead to confusion among readers. Thus, in this article, we will discuss the international opportunities for Indian lawyers in IP law in the most important regions of the world only. 

This article will help you enhance your knowledge regarding a career in IP law. For the convenience of readers, the article is divided into 4 parts. Firstly, the article discusses major jobs that an IP lawyer is required to do in their professional career. Secondly,  the article briefly enlightens the reader on what IP law is, along with the important areas of IP law. This part of the article will be in brief, because the author believes that anyone willing to make a career in IP law must already be aware of these things. Thirdly, the article sheds light on the opportunities available for an IP lawyer in India. It discusses pan India opportunities for an IP lawyer. Fourthly, the article delves into the ocean of opportunities for an IP lawyer present in the international market. It deals with the opportunities in some of the most renowned workplaces in the international market, i.e., the United States of America, the United Kingdom, and the East Asian countries. Lastly, the author concludes the article, along with some of the most frequently asked questions on the topic.   

Major jobs done by an IP lawyer in their professional career 

An IP lawyer, both in India and abroad, has a sea of opportunities to dive in. The major jobs that an IP lawyer is expected to perform in their professional career include: 

  1. Preparing documentation required for patents or trademark petitions – This is a frequent activity for IP lawyers. Most IP lawyers work with patent and trademark agencies in the United States and around the world to perform such works. 
  2. Representing parties in intellectual property disputes – Another important job of an IP lawyer is that of representing a person or an organisation in disputes with third parties that are abusing the client’s intellectual property. On one hand, this could be as simple as writing a formal letter citing intellectual property ownership and stating that it cannot be utilised without authorisation, while on the other hand, this might also be as complicated as filing a lawsuit and then going to court if a settlement cannot be struck. 
  3. Protecting parties from IP-bullies – IP-bullies are well developed large companies that make use of their trademarks to harass and intimidate smaller companies in order to suppress competition in their field. IP lawyers can assist businesses and individuals in defending themselves against over-assertions of intellectual property by so-called “IP-bullies,” or against the brands and businesses that overly enforce their rights. 
  4. Analysis and research for their clients IP lawyers may analyse laws and regulations for clients, perform research for various documents, and communicate with clients and other legal experts both orally and in writing. 

I’m assuming you’re reading this because you’re considering a career in intellectual property law at some level in your life. Let me paint you a picture with the help of this article to help you decide whether to go for it or not, or simply examine the possibilities. You can look into these two articles as well which can provide you with additional knowledge concerning this topic;

  1. https://blog.ipleaders.in/career-opportunities-ipr-lawyers/  
  2. https://blog.ipleaders.in/career-in-intellectual-property-law/.

After reading the above two articles, you will become versed with the topic. Also, after reading this article, you will become aware of the better international job opportunities and career prospects available for Indian lawyers in IP law, which will in turn help you to make the right decision for your career.  

What is IP Law

IP law, expanded to intellectual property law, is a part of property law. It is that branch of law that deals with the creation and protection of intangible assets created as a result of mental labour. These laws help protect and enforce the rights of creators and owners of intellectual property. Some of the most important areas of IP law are discussed below. 

Important areas of IP Law 

The important areas of IP law include copyrights, trademarks, patents, trade secrets, industrial design, geographical indications (GI), semiconductors, and plant varieties protection, amongst others. They are briefly discussed below:

Copyrights 

Copyright refers to the act of granting protection to the original work of authorship from the moment the work of the author comes into existence in a tangible form of expression. It is one of the most important forms of IP rights. In India, copyrights are governed by the Copyright Act, 1957

Trademark

The IP consisting of a sign, design, logo, or any other such thing that distinguishes the brand of one enterprise from other enterprises is known as a trademark. It can be granted to an individual, a firm or business, or any legal entity, amongst others. In India, trademarks are governed through the Trade Marks Act, 1999.

Patents 

A patent is granted for a novel and useful invention. It is a form of IP through which the government provides limited property rights to the person who invented it, in exchange for an agreement to share the details of their invention for the use of the public. In India, patents are governed through the Patents Act, 1970

Trade secrets

Trade secret refers to the trade practice of a company that is of substantial importance to the business, and is not known to the public generally. It gives the company a competitive advantage over the other companies in the same business. The trade secrets are developed by the companies through their own research and development. In India, there is no exclusive legislation dedicated to trade secrets, however, the rights granted by trade secrets are governed through the Indian Contract Act, 1872

Industrial design

Industrial design is a form of creative art that determines or designs the features of a product. The industrial design for a product is prepared before the manufacturing of the aid product, and the product is designed in accordance with the industrial design. In India, industrial designs are governed by the Designs Act, 2000

Geographical indications

The geographical indication is a kind of sign which is placed on the products belonging to any specific geographical area and has some special qualities emerging from that area. It is protected under IP rights in India. However, for a product to identify as a GI, a sign must be placed on it identifying its geographical origin. In India, they are governed through the Geographical Indication of Goods (Registration and Protection) Act, 1999

Semiconductor

Semiconductor also refers to any kind of logic, chip, processor, cell, etc. which has been verified and can be used in any other design. It is a reusable kind of design that is protected by IP. In India, semiconductors are governed by the Semiconductor Integrated Circuits Layout Design Act, 2000

Plant variety protection 

Plant variety protection is a form of intellectual property right that provides the breeders of a new variety of plant with legal protection, with respect to the use and exploitation of the new variety of plant. The plant varieties protection grants exclusive rights to the breeders of new plant varieties that are registered as an IP. Plant variety protection is also known by the name of plant breeder’s rights. In India, plant varities protection is governed by the Protection of Plant Varieties and Farmers Rights Act, 2001.  

Opportunities available in India for IP lawyers

There are various opportunities that are available for an IP lawyer in India. Such opportunities work as small small steps for those IP lawyers who wish to become international lawyers in the field of IP law. This is because most of the international job opportunities in IP law require previous experience working in the required field of law. Thus, IP law opportunities in India prove to be a ladder to becoming successful in the international IP law field. Some of the important opportunities that are present for IP lawyers in India include but are not limited to: 

Competition law

Competition law is understood to discourage monopolistic behaviour whereas IP is known to achieve a monopoly over innovation or invention. We are well aware that the field of competition law and intellectual property rights are closely intertwined, and a comprehensive grasp of their intricate and multidimensional relationships is vital in today’s dynamic marketplaces of India. These two ends lead to one single objective, which is to benefit consumers by supporting a strong environment for innovation. An in-depth study of a company’s strategies and policies, as well as the formulation of new ones and the drafting of agreements, is thus a rising possibility for IP lawyers. 

Working in the competition law sector helps a candidate gain experience as an IP lawyer. This experience comes in handy when the candidate applies for an international job in IP law. Major career opportunities for IP lawyers in this field are IP solicitors’ jobs, patent attorney roles, business support roles, etc. 

One of the major works of competition law is to establish such fair behaviour in the market that leads to the prevention of unauthorised making and selling of patented products. Anyone who has worked in this field of competition will have massive experience in dealing with patent filing litigation. Therefore, the candidate will have leverage over others in international job opportunities with respect to patent attorney and patent filing litigation jobs. 

Audits and valuation

Intellectual property auditing is a tool that is commonly used by businesses to account for the intangible assets that they have generated through time. Several law firms across India are offering IP audits and valuation services. Such work experience helps the candidate to land a better job at the international level in IP law.

These auditing and valuation jobs help the candidate gain practical experience in IP auditing and managerial services. In the international market, several prominent IP law firms require previous experience in auditing and managerial roles, especially in the job roles of patent formalities administrator and patent paralegal

Corporate law

Corporate law is significant when it comes to protecting intellectual property. Corporate law oversees the formation and administration of corporate entities. Corporate law offers firms a framework for defending their intellectual property and upholding their ownership rights.

The creation of confidential information agreements, licence agreements, assignment agreements, and franchise agreements are all examples of agreements (to name a few) in intellectual property law that are required in companies. Firms like Anand and Anand, Khurana and Khurana, and RK Dewan & Co are some of the tier-1 firms to which one can apply for these job roles. Major international career opportunities that are promoted by corporate law are law firm jobs and in-house counsel jobs. 

The candidates who have worked in the corporate law field have experience with confidential information agreements, regulatory compliance, due diligence, etc., experience with these works is the major requisite for working in an international law firm or as an in-house counsel in international IP law. 

Investigation and enforcement advisory

Discovering IP infringement is one of the most important aspects of IP enforcement. In such cases, investigators who are familiar with IP laws are better qualified to investigate and provide appropriate advice on whether or not enforcement action should be taken. Working in the investigation and enforcement advisory helps an individual to become a better candidate for international IP law jobs. 

The experience an individual gains while working in the investigation and enforcement advisory sector helps them to understand the basics of IP infringement. This is the prerequisite experience required by several prominent international law firms of IP law, offering jobs such as IP solicitor jobs or patent attorney jobs.  

Non-technical IP lawyers

  1. Legal associates: Legal associates are majorly focused on the corporate work environment. For eg IP counsel, IP advisor, etc of any law firm in or outside India. Work experience as a legal associate is the most general criterion that most of the international law firms in IP law look for when hiring candidates for their companies. 
  2. Judge: A judge is not specifically for the field of intellectual property but the law in general. An extremely reputed professional field in law is that of a judge. 
  3. Lecturer:  One can teach intellectual property in colleges and universities. This profession is highly demanded because of the rising interest in the field of intellectual property as a specialisation subject. Several openings in international IP law are for the post of lecturer in foreign universities. Having an experience as a lecturer makes the candidate more suitable for such openings. 
  4. Author: Any individual specialising in intellectual property can become an author according to their interest. Extensive amounts of research work are involved if one intends to become an IP author. Though not many job openings require the experience of an author as a prerequisite for their jobs, the research work experience while working as an author might help a candidate to become a better option for research associate jobs in international IP law. 
  5. Journalist: Individuals who work as legal journalists cover themes that are fully relevant to the law. Their duty includes specialised reporting on all things relating to the legal profession. Legal journalists grasp the legal issue at hand and communicate it to the broader public using a variety of media. 

Pay scale of IP lawyer in India 

  • As per a report of the payscale, the average base salary of an IP lawyer in India is around 1,300,000 INR for the year 2024. 
  • The above salary is, however, not inclusive of the bonus given to IP lawyers in India.
  • As per the payscale, the bonus offered to IP lawyers in India ranges somewhere around 2,50,000 INR. 
  • The data also revealed that a junior IP lawyer with less than 4 years of experience earns around 7,80,000 INR in a year. 
  • The data also revealed that a senior IP lawyer having up to 20 years of experience, earns around 9,300,000 INR in a year. 

Overseas opportunities for Indian lawyers in IP law

United Kingdom 

Patent and trademark attorney jobs

Several prominent firms have openings for patent and trademark attorneys at both the part-time and full-time levels. There are a variety of positions available in London and around the UK, ranging from an ongoing contract post as a Trademark Attorney in London to a specialised Electronic Patent Attorney working from home.

The patent and trademark attorney jobs are amongst the leading jobs for an IP lawyer in the UK currently. Some of the most noticeable features of these jobs include:       

  • Availability of jobs in various locations of the UK – These patent and trademark attorney jobs are not just confined to a few popular locations in the UK. Instead, they are available in various locations of the UK, such as London, Yorkshire, Scotland, East Anglia, West Midlands, Ireland, Wales, South East UK, South West UK, North West, UK, etc. This is quite helpful because of the availability of housing facilities, standard of living, etc. as an individual can choose in which area they want to work and what facilities and standard of living they want to avail. 
  • Availability of jobs in diversified sectors – These patent and trademark attorney jobs in the UK are available in various sectors so that people having expertise in diversified sectors can land a job. The said sectors provide a range of diversified jobs, for example, software patent attorney job, machine learning patent attorney job in IT sector, engineering patent attorney job in mechanical engineering field, jobs in chemistry sector, physics sector, and biotechnology sector, amongst other sectors. 
  • Availability of jobs for people having minimal experience to vast experience – These patent and trademark attorney jobs in the UK are available for people having minimal experience, as well as for people having vast experience. This makes it suitable for new learners as well as heavily experienced individuals to join jobs suitable for them. Some of these jobs require part qualified attorneys, and newly qualified attorneys with up to 2 years of post qualification experience, while other jobs require final standard or fully qualified patent attorney. 

Examples of patent and trademark attorney job openings in the UK

  1. Senior patent attorney job in the AI, electronics, and telecom sector in London, UK – https://www.dawnellmore.co.uk/job/senior-patent-attorney-ai-electronics-telecoms/ 

This senior patent attorney job in the AI, electronics, and telecom sector in London, UK is open for Indian lawyers looking for international opportunities in IP law. In order to be eligible for this job, the candidate requires 3 years of post qualified experience in the AI, electronics, and telecom sectors. It is immaterial whether the candidate has gained such an experience in an Indian organisation or international organisation. 

  1. Part qualified or fully qualified patent attorney job in the mechanical engineering sector in West Midlands, UK – https://www.dawnellmore.co.uk/job/pq-fq-patent-attorney-mechanical-engineering/ 

This part qualified or fully qualified patent attorney job in the mechanical engineering sector at West Midlands, UK is open to Indian lawyers. However, this role also requires the candidate to have a degree in mechanical engineering or a similar kind of degree. This job is a perfect fit for an Indian who is also qualified as a mechanical engineer and lawyer. 

  1. Trademark attorney job in Ireland, UK – https://www.dawnellmore.co.uk/job/trade-mark-attorney-ireland-fully-remote/ 

This trademark attorney job in Ireland is open to Indian lawyers who are working in the IP law field. Though, this job is a remote job, with the option of working from home, Indian candidates need to shift to Ireland in order to be eligible for this job because a requirement of this job is that the candidate should be based in any location of Ireland. 

Another qualification of this job is that the candidate should be a qualified EU trademark attorney. Thus, for an Indian lawyer to be eligible for this job, they need to become a qualified EU trademark attorney. They can become the same by:

  • Having a law degree or its equivalent, either of India or any other EU member state; 
  • Such a degree should have been recognised by the Bar Council of Ireland;
  • Should have expertise in trademark law.

Patent and trademark support roles

Attorneys and lawyers aren’t the only ones working in the patent and trademark legal field. There are numerous high-profile support positions available, ranging from a Patent Records Team Leader earning roughly £55,000 to a Temporary Patent Secretary required for an urgent assignment. 

The jobs regarding patent and trademark support roles are widely available in the UK. Some of the features of these jobs include:

  • Available in different modes – The patent and trademark attorney jobs in the UK are available in different modes. Some of these jobs are full time, work from the office, while some others are remote working jobs, and some jobs are available in hybrid settings with flexible working hours as well. This will help an individual to decide which mode they prefer.
  • Training provided – Some of these patent and trademark attorney jobs in the UK also provide training to freshers or new joiners, thereby helping an individual to better understand their role in the organisation. 
  • Various roles available – There are various roles available for patent and trademark attorney jobs in the UK, for example – trainee paralegal role, trademark support specialist, IP records assistant, etc. 

Examples of patent and trademark support job openings in the UK

  1. Patent formalities administrator job in London, UK – https://www.dawnellmore.co.uk/job/patent-formalities-administrator-40000-45000-london/

The patent formalities administrator role in London is open to Indian candidates willing to pursue an international career in IP law. However, candidates should already have worked in any patent law firm in India or globally because this job requires the candidate to be an experienced patent formalities administrator. Further, the candidate should also be versed in the working of EPOline, which is an online service for patent businesses. Thus, for this role, an Indian candidate who has already worked in any other European law firm would be a perfect match. 

  1. Trademark paralegal job in West Midlands (Hybrid) – https://www.dawnellmore.co.uk/job/trade-mark-paralegal-west-midlands-hybrid/ 

For this role of trademark paralegal in West Midlands, the candidate should have previous experience in dealing with trademarks. Also, the company gives leverage to candidates who have CITMA qualifications which is similar to Indian CA. Thus, an Indian candidate who has done law and CA and has past experience dealing with trademark cases will be the perfect candidate for this job. However, other Indian lawyers who have experience in dealing with trademark cases also fulfil the eligibility criteria, and can apply for this job.

  1. Trainee IP paralegal (trademarks) in North West England – https://www.dawnellmore.co.uk/job/trainee-trade-mark-paralegal-suit-a-recent-law-graduate-yorkshire-2/

This opportunity of trainee IP (paralegal) in trademarks is a very good opportunity for fresh law graduates in India who want to make an international career in IP law. The basic requisite for this job is that the candidate should be a recent law graduate and should have interest in trademark law. Apart from the recent law graduates, other Indian candidates who have experience of being a paralegal are also invited to apply for this job. 

IP solicitor jobs

IP solicitor jobs are usually those where an advocate is required to solicit their advice on legal issues and help with other paperwork and legal documents of the clients. They are usually required to work on legal matters in a particular jurisdiction. 

One of the most exciting jobs available right now is with a London law firm, which is looking for a talented Soft IP Solicitor. Candidates must have three to five years of post-qualification experience (PQE) and be willing to work with high-profile clientele. 

Litigation and dispute resolution in IP law

In order to grab an international opportunity of working as an IP lawyer, Indian law graduates can also start their own litigation practice and dispute resolution in the UK under a senior in the IP area. This will help them in successfully making a career in IP litigations and dispute resolution. However, an individual who graduated from India cannot simply start practising law in the UK. Instead, there are some requirements for an Indian to practise law in the UK. They are dealt in detail below:

Qualifications required for Indian lawyers to practise law in the UK

In order to practise law in the UK, an individual needs to crack the Solicitors Qualifying Exam (SQE). The Solicitors Qualifying Exam (SQE) is a two level assessment exam. The details regarding the SQE can be accessed here. Apart from qualifying for the SQE, an individual is also required to have the following requisites in order to practise law in the UK:

  • The candidate should be graduated – In order to apply for the SQE, the candidate must have a bachelor’s degree. However, it is not necessary that the candidate should have done their bachelor’s degree in the law field. Just a bachelor’s degree is required, and not specifically a law degree to sit for the SQE. 
  • The candidate should have relevant work experience – Yet another requirement for a candidate to be eligible for practising law in the UK is that the said candidate should have relevant experience working in the field of law. This requirement is laid down by the UK’s Solicitors Regulation Authority (SRA). As per the SRA, the candidate should have at least 2 years of work experience in the field of law. It includes working with a law firm, running your own litigation practice, managing legal aid clinics, paralegals, etc. However, this work experience can be gathered either before giving SQE, or after giving it. 
  • The candidate must fulfil the criteria of character and suitable requirements – Another requirement for the candidate to be eligible for practising law in the UK is that the candidate should qualify the criteria of character and suitable requirements. The Solicitors Regulation Authority (SRA) of the UK has laid down the following factors for determining the character and suitable requirements:
  1. Any action taken against the candidate by any disciplinary committee;
  2. The financial matters of the candidate, including issues such as insolvency or bankruptcy;
  3. Any criminal record or conviction history of the candidate;
  4. Any other record of offence done by the candidate, relating to cheating or education. 

In-house counsel jobs

Another fascinating job available for IP lawyers in the UK is in-house counsel. An in-house counsel lawyer is the employee of a multinational organisation that takes care of the legal affairs of the organisation itself. The work of an in-house counsel lawyer in the IP field is generally to protect and promote the intellectual property of the company. It also includes giving legal advice, doing legal compliances, drafting contracts on behalf of the company, etc. 

Examples of in-house counsel jobs in the UK

  1. In-house legal counsel job at GSS UK Services Ltd. – https://jobs.lawgazette.co.uk/job/971519/in-house-legal-counsel/?LinkSource=PremiumListing 

An Indian law graduate who has 7+ years of post qualified experience of working in fintech is the perfect candidate for this in-house legal counsel role at Global Screening Services in the UK. However, other Indian candidates who have an experience of working 7+ years in the legal field, and they seek to establish their International IP law career, they are also encouraged to apply for this role. 

  1. Legal counsel at Errington Legal – https://jobs.lawgazette.co.uk/job/972587/legal-counsel/ 

This in-house role of a legal counsel at ErringtonLegal is open for such lawyers who are aspiring to move from private practice to in-house counsel. The role is also open to such commercial lawyers who have two to six years of post qualified experience in their field. Thus, an Indian law graduate who has an experience of private practice or has two to six years of experience of practising commercial law can apply to this role. 

Jobs with international organisations 

Another job for IP lawyers in the UK is working with international organisations. Though it is not easy for a fresher to land a job at an international organisation, however, with the required work experience and skills, an IP lawyer can land a job at an international organisation in the UK. Some of the important factors international organisations take into consideration while considering a candidate for a job include but are not limited to the following:

  • Required experience – The foremost thing a candidate needs to have for working with an international organisation is the requisite experience in how these organisations work. One important way to get such requisite experience is to work with the set organisation in the capacity of an intern or a volunteer. This helps you understand the function of the organisation more accurately and increases your chance of landing a job in that organisation. 
  • Knowledge of other languages – In order to work with an international organisation, the candidate needs to have knowledge of other languages which are used there. Candidates can take certificate courses, language classes, etc. to enhance their linguistic skills and become better candidates for landing a job at an international organisation.
  • Having a master’s degree – Yet another important factor international organisations take into consideration while hiring a candidate is their educational qualification. In such cases, having a master’s degree puts a great impression on the employer. Such degrees must be from a reputed institute recognised worldwide. 

Examples of international organisation jobs in the UK

  1. Legal advisor job at North Atlantic Treaty Organization (NATO), in Belgium, EU – https://ncianato.referrals.selectminds.com/jobs/legal-adviser-1102 

This role of legal advisor at the North Atlantic Treaty Organisation is open to law graduates who have previous experience of working in the field of law, either as a legal advisor or in any other similar roles. Thus, an Indian law graduate who seeks to establish their international career in IP law, and has a near experience of working as a legal advisor, can apply for this job. 

Lectureship

Another important job for IP lawyers in the UK is to opt for a lectureship or academic professorship. It is a less hectic job as compared to other jobs available for IP lawyers. The best place to opt for lecturership is universities in the UK. The universities in the UK regularly post openings for lectureships in different departments. However, to become a lecturer in the UK, a candidate is required to have a bachelor’s and master’s degree in their chosen subject. In many of the reputed universities, the candidate is also expected to have PhD qualifications in the interested field. 

Examples of lectureship jobs in the UK

  1. Lectureship in intellectual property law (teaching and research) at the University of Reading in England – https://www.jobs.ac.uk/job/DGT621/lectureship-in-intellectual-property-law-teaching-and-research 

This role of lecturership in intellectual property law at the University of Reading is open to Indian law graduates who wish to seek a career in international IP law. An Indian candidate who has previous experience in teaching or research at any university will be the perfect match for this job. However, other Indian law graduates who have completed their doctoral thesis are also eligible to apply for this role. 

Pay scale of an IP lawyer in the UK

The average salary of an IP lawyer in the UK is € 66, 516 per annum. However, this salary is not inclusive of cash compensation to them, which ranges from € 1, 812 to € 7, 931. The salaries for some of the important IP lawyer jobs in the UK are given below: 

  • Intellectual property attorney job – € 62, 725
  • Chief patent counsel job – € 50, 493
  • Trademark attorney job – € 62, 725
  • IP Solicitor job – € 45, 000

USA

Copyright breach disputes

Copyright breach is making the use of any material which is protected by copyright, without having the permission from its owner to use it. In other words, a copyright breach dispute simply refers to the dispute that arises because of the act of breaching the copyright of a protected material. The IP lawyers are engaged in issues arising out of copyright breach disputes, and the IP lawyers solve these copyright breach disputes through negotiation, mediation, etc. 

In the UK, various copyright breach dispute jobs are available for IP lawyers. Some of them do not require litigation, while others do. For those of copyright breach disputes which require litigation, their requisites will be discussed under the litigation part. 

Examples of copyright breach dispute jobs in the USA

  1. Copyright specialist job at American Chemical Society in Washington, DC, USA – https://g.co/kgs/vqwXNCq 

This copyright specialist job in the USA is open for Indian graduates in any field, who have 5 to 8 years of experience in administration and office support. It is a plus point if the candidate is a law graduate having experience in the IP law field. 

  1. Rights counsel, content, and brand IP job at Netflix, in Los Angeles, CA, USA – https://g.co/kgs/Q2BjpZR 

An Indian law graduate already working in the field of US copyright laws can apply for the post of right counsel, content, and brand IP at Netflix. However, the candidate should have at least 6 + years of experience in dealing with the US copyright laws and expertise of work in the media industry. 

Litigation 

One of the most common jobs available for an IP lawyer in the USA is to set up their own litigation practice. The only bar that can come in the way will be the requisites that an Indian lawyer needs in order to practise law in the USA. Once Indian IP lawyers have obtained the stated requisites, they can practise law in the USA and set up their own litigation practice. The requisites for an Indian lawyer to practise law in the USA are discussed below:

Qualifications required for Indian lawyers to practise law in the USA

There are two ways through which an Indian lawyer can practise law in the USA. They are:

  1. To understand this, we need to understand what is a ‘common law jurisdiction country’ and whether is India a common law jurisdiction country? So, common law is basically the set of unwritten laws based on various legal precedents that had been established by the courts of the country. Therefore, common law jurisdiction countries are those countries where the legal jurisdictions are used on the basis of common law as a precedent. India and the USA – both of these countries are primarily considered to be a common law jurisdiction country. All the states of the USA except that of Louisiana, have a common law jurisdiction system. 

In the USA, Section 520.6 of the Rules of the Court of Appeals for the Admission of Attorneys and Counsellors at law provides that a candidate who has obtained their law degree from a common law jurisdiction country, and has pursued that degree for more than 2 years, can submit their law degrees with the American Bar Association (ABA) to get it reviewed and analysed. 

However this is a time taking process, and it can even take as much as a year or even longer than that. And even after this, there is no surety that the degree will be approved by the American Bar Association (ABA). This way, therefore, does not guarantee that an Indian IP lawyer will surely be able to practise law in the USA. 

  1. As an alternative to the above way, many Indians use this second way through which they can practise law in the USA. In this way, the American Bar Association (ABA) has laid down the rule that those candidates who have not pursued a two year law degree or have pursued a law degree from a non common law jurisdiction country, will be required to take the New York Bar exam. However, even before taking the said exam, such candidates need to pursue an LLM in the USA. Once the candidate pursues their LLM from the USA, they become eligible to take the New York Bar exam. The New York Bar exam has two components: 
  • The multi state bar exam which is based on the federal laws of the USA.
  • The state bar exam of the state where an individual wants to start his practice. 

Examples of litigation jobs in the USA

  1. Intellectual property litigation associate attorney at BCG attorney search in the San Francisco, CA, USA – https://g.co/kgs/fHkFhQG 

This role of intellectual property litigation associate attorney in the USA is available only to those candidates who have enrolled in the California State Bar, and have work experience of 5 to 7 years in the intellectual property law field. Thus, an Indian candidate, who is enrolled in the California State Bar in accordance with the procedure discussed above, and has 5 to 7 years of experience in IP law can apply for this role. 

  1. Patent litigation associate attorney at Perkins Cole in Washington, DC, USA – https://g.co/kgs/uAq4fBs 

This patent litigation associate attorney role in the USA is open to Indian candidates with expertise in IP law and who have done 3 to 6 years of litigation in the patent disputes field. 

In-house counsels

The in-house counsel job is yet another option of job for an Indian IP lawyer in the USA. An in-house counsel lawyer is the employee of a multinational organisation that takes care of the legal affairs of the organisation itself. Some of the most important work of an in-house counsel lawyer in the IP field is generally to protect and promote the intellectual property of the company. It also includes keeping an eye on the use of the intellectual property of the company, giving legal advice to the company on legal issues, doing legal compliances on behalf of the company, drafting contracts on behalf of the company, etc. The in-house counsel job is very common in the USA and nearly all major industries in the country hire in-house counsel in order to safeguard their own organisation. 

Examples of in-house counsel jobs in the USA

  1. Ohio or Indiana house counsel attorney at Celina Insurance Group – https://g.co/kgs/LK72uQz

For an Indian IP lawyer, who seeks to apply for the Ohio or Indiana house counsel attorney role, they must be enrolled in the Ohio or Indiana Bar Association in accordance with the procedure discussed above. They should also have some experience working as a trial attorney.

  1. In-house attorney-director, contracts at Verisign, in Reston, VA, USA – https://g.co/kgs/whWbSLE 

This role of in-house attorney-director, contracts is open to all Indian graduates who seek to establish their career in international IP law. Such an Indian candidate should, however, have at least 7 years of experience of working in the legal field. It would be a plus point if a candidate has expertise in working as an in-house counsel

Jobs with federal agencies 

The federal agencies or the government agencies are specially designed government organisations that have been set up for any specific purpose, for example, the Department for Management of Financial Oversight of Industries, Federal Communication Department, Central Intelligence Agencies, Department for Management of Resources, etc. An IP lawyer can also work with the government agencies or the federal agencies in the USA. These agencies provide various roles suitable for an IP lawyer. Also, working with the federal agencies of the USA also proves to be beneficial for an individual as jobs with such agencies also come with various generous offers, leaves, holiday policies, compensation, etc.

The USPTO is the trusted source for inventors, innovators, and IP stakeholders, and a top employer of choice among subject matter experts with a passion for public service. There are various types of federal jobs available for IP lawyers in the USA. some of them include:

Patent examiner 

Patent examiners are highly trained engineers and scientists who work closely with business owners to process patent applications and determine whether or not a patent can be issued.

Trademark examining attorney 

Trademark examining attorneys review trademark applications, assess facts, and then resolve legal issues that may lead to federal trademark registration.

Examples of federal agency’s jobs in the USA

  1. Attorney (tech and cyber) at Central Intelligence Agency (CIA) in Washington, DC, USA – https://g.co/kgs/VAQTBGr 

The attorney (tech and cyber) role in the USA is open to Indian nationals who have an experience of working in technology or cyber law. 

  1. Senior patent attorney at the USA Department of Veterans Affairs – https://g.co/kgs/1pvKb5H 

An Indian IP lawyer who has experience in filing patent applications before the US patent and trademark offices, and also has 4 to 6 years of experience in patent prosecution can file for the senior patent attorney position at the US Department of Veterans Affairs.

Law firms

Another way of landing a job for IP lawyers in the USA is to work with the law firms of the country. A law firm is a kind of business organisation, founded by either a lawyer or an association of lawyers, which is engaged in legal practice. There are various law firms in the USA that offer job positions for IP lawyers. Working with a law firm has various benefits for a lawyer. Some of the said benefits include:

  • Robust networking opportunities – While working in a law firm, a lawyer has the opportunity to broaden their networking channel. Various kinds of resourceful persons are present in a law firm, ranging from partners to associates. Working with various clients offered by the law firm also helps in building networks. 
  • Job and monetary security – This is the most fascinating part about the job with a law firm. Once you have completed the probation period in the law firm, you will always have the monetary security and job security with you. A fixed salary will always be given to you each month by the law firm, and the security of the job will always be there, which is not there in case of litigation. 
  • Diversified learning experience – There will be a diversified client base with an abundant number of cases on various issues and facts in a law firm. While working on such different types of cases, you will gain diversified learning experience, which will prove beneficial to you in your career. 

Examples of law firm jobs in the USA

  1. Intellectual property associate attorney at Jobot in the West Palm Beach, FL, USA – https://g.co/kgs/FPW6Agz 

The intellectual property job at Jobot is one of Indian IP lawyers who have the expertise of working in the IP field for a period of at least three to six years.

Business support roles 

A business support role helps the business of an organisation to run smoothly by providing administrative and operational support. In the legal field, business support roles are usually the legal manager sitting at the desktop, who manages all the details of the client or the legal receptionist whom the client meets at very first, when they come to the law firm. They maintain good relations between the clients and owners. Business support roles are usually the meeting point of contact for services of the organisation. 

There is a range of employment available in the business support industry, including openings for a legal administrative assistant, a trainee legal administrator, an office administrator, a junior billing assistant, and entry-level legal secretary positions.

Working in a business support role provides an individual with various benefits. Some of such benefits include:

  1. Offers a calm working environment – Unlike most of the jobs in the legal profession that are very hectic, a business support role is quite relaxing as compared to them. It often has a peaceful environment, without the daily stress of a core job in the legal field. 
  2. Helps in understanding the structure of the organisation – While a candidate works in a business support role of an organisation, it helps the candidate to understand the working and structure of the organisation more accurately. This, in turn, helps the candidate in terms of future prospects of joining any other such organisation in a legal capacity or setting up their own organisation. 
  3. Helps in gaining experience in dealing with people – The most important work of a business support role is to maintain a point of contact between clients and owners. This helps the candidate in gaining experience in dealing with people, which is also very important in the legal field. 

Examples of business support roles in the USA

  1. Director, business and legal affairs at SPE, in the Culver City, CA, USA – https://g.co/kgs/odbx4z1 

This director role at SPE is open to Indian IP lawyers who have experience of working in the business or legal department of any company, for a period of five to ten years. 

Teaching and research institutes

Joining a position of teaching at universities or research institutes is another important job available for IP lawyers in the USA. The best place to opt for teaching is the law universities of the USA. The main job of the candidate in such a university will be to teach the students about the subject of IPR. However, in order to secure a job at teaching and research institutes in the USA, a candidate is required to have a bachelor’s degree in their chosen subject. In several universities, the criteria extend to having a bachelor’s and a master’s degree in the interested subject. Along with these degrees, a candidate is also required to have PhD or doctoral qualification in the interested field to pursue the career of teaching in universities of the USA.  

Examples of teaching and research institutes jobs in the USA

  1. Law lecturer (part time) at the Irvine School of Law at the University of California – https://recruit.ap.uci.edu/JPF08876 

An Indian IP lawyer who seeks to establish a career in international IP law can apply for the post of law lecturer at the University of California. The candidate should however have a master’s degree and PhD degree in IP law in order to be eligible for this job. 

Pay scale of an IP lawyer in the USA

According to the US Department of Labor, the typical yearly compensation for lawyers in all areas is around $120,000. However, according to Payscale, the average yearly salary for IP lawyers is roughly $130,000, while Salary.com shows experienced IP attorneys making much more upwards of $200,000 annually, when bonuses, retirement, and health care are taken into account. All of this is to say that attorney wages vary widely depending on the type of company, professional experience, and locality, with lawyers in urban regions typically earning the most. 

For further information, refer: here

East Asian countries

Patent litigation 

The process of patent filing is generally referred to as patent litigation. Patent filing is the process through which an individual or a firm or organisation files an application in the patent office for the grant of a patent for their invention. Such invention has to be described in the patent specification along with the claims and other formal documents that are necessary for the grant of patent. These patents are usually filed by IP lawyers, who help the organisation to protect its inventions. IP lawyers are also responsible for rendering their advice on the Paytm ability of an invention. Not only does an IP lawyer help in filing and drafting of the patent application, but they also help with infringement and validity issues of the patent. 

In East Asia, particularly in China, Korea, and Japan, there are a great number of very inventive enterprises. These businesses have made large investments in R&D, frequently in the hundreds of millions of dollars, if not billions of dollars. They rightly want the best firms to secure their intellectual innovations. In 2017, Asia accounted for more than 65 percent of all patent applications filed worldwide, up from less than half of all patent filings in 2007. Patent filings in China have been the primary driver of this growth. Hence IP lawyers have much room to expand their professional careers here. 

There are various benefits of becoming a patent attorney and filing patents. Some of these benefits include:

  • High income probability – Patent filing requires high skill along with specialised technical knowledge. In current times, patent attorneys are the need of the patent filing industries. Not everyone can file patent applications smoothly. Therefore, patent filing attorneys have a very high income probability, and they are among some of the highest paid Legal experts. 
  • Work with diversified industries – Patent filing nowadays is not limited to a few industries, instead, it has travelled to almost every other industry. Almost every industry these days requires patent attorneys to file patent applications for their inventions. Some of the examples of the industries that require patent attorneys include – the construction industry, transportation industry, aerospace industry, biotechnology industry, trade industry, pharmaceutical industry, technology industry, software development industry, etc. Thus, patent attorneys have experience working with diversified industries in their careers.
  • Work on intellectual topics – Patent filing is required for novel inventions that particularly deal with new technology and innovation usually based on intellectual stimulation. Patent filing attorneys are closely involved with the working of the invention and therefore have the opportunity to work on intellectual topics. 
  • Career growth opportunities – Patent filing is an emerging sphere of law and has great potential. Thus, the patent filing attorneys have opportunities for career growth. 

IP counsel 

The term intellectual property counsel refers to the law firms or legal advisers who are currently advising or have previously advised, the company or any subsidiary on its intellectual property rights. The IP Counsel has great job opportunities in law firms and multinational corporations. There are various openings in East Asian law firms where IP lawyers can work as an IP Counsel. In such job roles, IP lawyers are required to render their advice on legal issues of intellectual property rights. 

Examples of IP counsel jobs in East Asia

  1. Patent attorney at the MLC group, in Tokyo, Japan – https://mlchc.tamago-db.com/job/hiring/1398?_locale=ja&iframe=true 

An Indian IP lawyer who seeks to establish their international IP law career can apply for this job of patent attorney at the MLC group, in Tokyo, Japan. The Indian IP lawyers who apply for this should have expertise of working in patent law, and should also be proficient in Japanese and English. 

  1. Intellectual property counsel at the BASF in Shanghai, China – https://basf.jobs/light_blue_AP/job/SHANGHAI-Intellectual-Property-Counsel%28005082%29-200000/1063751501/?feedId=111101&src=LinkedIn_Slots&utm_source=linkedinslot 

An Indian IP lawyer who has good experience of working as an IP counsel, and wants to establish an international IP law career, can apply for an intellectual property counsel job at BASF Asia Pacific.

In-house counsels

Yet another job available for IP lawyers in East Asia is in-house counsel. An in-house counsel lawyer is an employee of a multinational organisation, industry, firm, or business corporation. The in-house takes care of the legal affairs of the organisation, industry, firm, or business corporation itself. The work of an in-house counsel lawyer in the IP field is generally to protect and promote the intellectual property rights of the company. It also includes giving legal advice, doing legal compliances, drafting contracts on behalf of the company, etc. The in-house counsel jobs for an IP lawyer are present in abundant numbers in Asia because of the presence of various industries. Almost every other industry requires an in-house counsel to protect their intellectual property rights. 

Examples of in-house counsel jobs in East Asian countries 

  1. In-house trainee solicitor job at Link Asset Management Limited in Hong Kong – https://careers.linkreit.com/job/In-house-Trainee-Solicitor/1052840166/ 

An Indian IP lawyer who has completed their masters degree and has an interest in corporate or commercial law can apply for this international IP lawyer job opportunity.

  1. Legal counsel (in-house) job at Animoca Brands Limited in Hong Kong – https://jobs.lever.co/animocabrands/322423ab-7ff3-44ba-a19f-98020b093a0e?lever-source=Indeed 

An Indian IP lawyer who has two to four years of experience of working with a law firm or in-house counsel can apply for this job of in-house legal counsel at Animoca Brands in Hong Kong. The candidate should also have a good grasp of spoken and written English. 

Lectureship 

Another job opportunity for IP lawyers in the East Asian countries is that they can also opt for lectureship or teaching programs in universities. IP law is an emerging area of law, especially in East Asia, and therefore various universities and teaching institutes in East Asian countries require lecturers and teachers on the subject of IP law. The most important work of IP lawyers in this sector is teaching and enlightening the students regarding inter cases of intellectual property law. However, most of the East Asian countries require a bachelor’s and a master’s degree, alongside a doctorate as a requirement for teaching in their universities. 

Examples of lectureship jobs in East Asian countries 

  1. Professor/associate professor/lecturer/post-doctor fellow in the School of Law job at the Chongqing University, China – https://www.timeshighereducation.com/unijobs/listing/375381/professor-associate-professors-lecturers-post-doctoral-fellow-in-school-of-law/?LinkSource=PremiumListing 

An Indian IP lawyer who has completed their masters degree and PhD from IP law of field can apply for this professor / associate professor / lecturers / post-doctoral fellow job in China. 

  1. Associate professor of law at the University of Macau, in Macau, China – https://www.timeshighereducation.com/unijobs/listing/375139/associate-professor-of-law/ 

This associate professor of law job at the Macau University in China is open to Indian IP lawyers who wish to start their career in international IP law. However, the candidate should have a doctoral degree in the field of law, along with 4 years of teaching experience at the tertiary education level. 

Pay scale of an IP lawyer in the East Asian Countries 

  • As per a data report by salary expert, the average gross salary of an IP lawyer in China is somewhere around 2,09,958.82 INR or ¥ 404,388. However, this salary is not inclusive of the special allowances or bonuses. The average bonus of an IP lawyer in China is somewhere around 11, 884 INR or ¥ 22,888. 
  • Also, as per another data collected by the salary expert directly from employers and employees in China reveals that freshers with an experience of 1 – 3 years in the IP law field earn around an average salary of 1, 47, 448 INR or ¥ 284,009. 
  • Also, as per the same data collected by the salary expert directly from employers and employees in China further reveals that a senior level IP law lawyer in China with an experience of more than 8 years earns around an average salary of 2, 64, 023 INR or ¥ 508,556.
  • In Japan, the pay scale of an IP lawyer is 22.8 % more than that of China. 

Conclusion

After reading this article, we can conclude the fact that there are various International opportunities available for IP lawyers. No doubt, such opportunities are subject to different qualifications and requirements, but not all of them require one, and not all such requirements are very hard to fulfil. Further, some of these jobs are very high paying and come along with location advantage. Another important aspect of these international opportunities in IP law is that many of them require post qualified experience. This is exactly where the job opportunities for IP lawyers in India come in handy. Therefore, it is a lesson to not skip a ladder and instead travel through each one of them. Because grabbing the job opportunities for IP lawyers in India might prove detrimental to landing an international job in IP law. Such is the nature of job opportunities available worldwide. 

The IP law also provides better and diversified exposure to the candidate. Besides the possible exposure to intriguing new advances in science, technology, and other cutting-edge disciplines, working in IP law has other advantages. IP attorneys may deal with global corporations, movie studios, music companies, athletes, or celebrities, or on the cutting edge of interesting technology developments. It’s critical for the person or company who makes investments to keep ownership of the property, even if it’s just a matter of ideas or designs (rather than a tangible product) secured from infringement. That’s where intellectual property lawyers come in. Hence, opportunities are many, and proper utilisation of the same is all that is required. 

Frequently Asked Questions (FAQs)

Do Indian IP lawyers have a scope of job in foreign countries?

Yes, an Indian IP lawyer has the scope of various jobs in foreign countries, such as the USA, the UK, and East Asian countries.

Can Indian IP lawyers practise law in the UK or USA?

Yes, Indian IP lawyers can practise law in the UK or the USA. However, for the same, they need to have certain eligibility standards laid down by their bar association. 

Can Indian IP lawyers join a lectureship in a foreign university as part of a job?

Yes, Indian IP lawyers can join a lectureship in a foreign university as part of their job. However, to join a foreign university as a lecturer, the candidate needs to fulfil all the eligibility criteria laid down by the university. 

Is there a scope of job for Indian IP lawyers in patent filing litigation in East Asian countries?

Yes, a large number of industries are developing in East Asian countries that require lawyers to file their patent applications. Thus, there is a huge scope for Indian IP lawyers in patent filing litigation in East Asian countries. 

Is LLM necessary for opting for a lectureship as a job in IP law in foreign countries?

Yes, in most of the foreign countries, a master’s degree is necessarily required in the interested area of the subject, for teaching in their universities. 

References 


Students of Lawsikho courses regularly produce writing assignments and work on practical exercises as a part of their coursework and develop themselves in real-life practical skills.

LawSikho has created a telegram group for exchanging legal knowledge, referrals, and various opportunities. You can click on this link and join:

https://t.me/lawyerscommunity

Follow us on Instagram and subscribe to our YouTube channel for more amazing legal content.

LEAVE A REPLY

Please enter your comment!
Please enter your name here