In Conversation with Lynn Lazaro, Partner, Kochhar & Co

How and when did you know becoming a lawyer was your life’s true calling? 

From very early on as a child, I always had a sense of justice and wanting to advocate or speak up for others. I was never simply a silent observer which also got me into a lot of trouble. Becoming  a lawyer was a natural step for me to express myself. That said, I don’t believe anyone has only one true calling. Personally, I feel it’s important to diversify and have dual roles. I also play the role of a mother and wife, I train as a dancer and practise yoga, all of which is equally important to me as being a lawyer. The balance is what I believe makes me good at my job.

Would you please tell us about your specialisation and the array of work you handle at your firm?

I am an Intellectual Property lawyer and I head the IP practise in Bangalore at the law firm Kochhar & Co (India). I am primarily a IP transactional and trademark attorney, with over 14 years of experience.  I also manage a team that files and prosecutes patent applications. A large part of my work involves providing IP strategy and solutions for domestic companies and overseas corporations doing business in India. From representing Fortune 500 companies with their trade secret policies to providing entrepreneurs advisory on IP protection and strategy, my practise keeps me busy and satisfied. I am also part of the Technology practise of the firm with an emphasis on data privacy laws.

What are your predictions for 2022 in the area/s of specialisation mentioned above? What are some of the upcoming trends of the industry? 

While AI has been around for a while, there has been much debate in regard to whether AI can be an inventor of a patent application. Some countries are adamant that it isn’t possible while other jurisdictions have started to recognise AI as an inventor. This is something I believe will be a continuing hot topic. The abolishment of the Intellectual Property Appellate Board (IPAD) in India was a surprise to many. Parties are now required to file their appeals directly with the High Courts. The Delhi Court took it a step further and created a new IP Division to deal with these and new IP matters. The Court has now issued its IPD Rules for comments and inputs from members of the Bar. The degree of intermediary liability is also a promising topic for the next year and with the new data privacy laws coming out shortly, 2022 appears to be an interesting year for IP and Technology.

One recent landmark judgement or the best judgment of 2021 that you’d like to share a word about.

There have been several notable judgements in 2021, but the most recent dispute between  M/s DRS Logistics Pvt. Ltd. and Anr. v. Google India Pvt. Ltd. and Ors. on third party liability in relation to usage of trademarks as keywords stands out for me. Although the Delhi High Court, disposed of the interim application it provided certain instructions to Google - to investigate the Plaintiff’s complaints by reviewing the advertisements and determining whether they result in infringement or passing off of the Plaintiff’s trademark, and if it does, the Court stated that Google has the responsibility to remove such advertisements. It will be interesting to see what happens next.

Many Congratulations on joining the BW Legal World Elite 40 Under 40 Club of Achievers 2021. What to your mind has helped you get to where you are and what advice would you have for others who want to set off in a similar direction? 

Thank you. Consistency and fortitude got me where I am, but after a point I would say building trust plays a critical role in any career development. My advice would be - to be that person that clients trust implicitly and know they are in safe hands. That will set the ball rolling and once that starts, the sky is the limit.