Inspiration is a fundamental prerequisite for any innovation that propels a society forward into a better future. Researchers and innovators globally advance this spirit by their great ideas. In the legal arena of intellectual property protection, such stimulus comes from IP protectors like Bejoy Namath, a Global Leader in Intellectual Property and one of the most inspirational lawyers to follow in 2024.
Bejoy’s own inspiration comes from social and ethical responsibility, which are crucial aspects of the modern knowledge economy. He believes that IP laws are designed to protect the creativity that you generate beyond what already exists in art. There are occasions where others have practiced and published what one claims to have invented today. Being agile enough to understand the prior work done in the landscape of creativity that they operate in will provide them sufficient insights into what they could rightfully claim and own. Further, there are regional legal limitations allowed under IP law to protect territorial interests. “We need to be cognizant of such limitations to set realistic expectations with those who reach out to us for advice on the possibilities of Intellectual property protection,” he adds.
Also, according to Bejoy, IP has limited relevance in a society that does not value innovations. IP practitioners, he says, have a duty to promote the spirit of innovation and encourage lawmakers and administrators to create a social environment that rewards innovation. He adds that they will often need to act as influencers to realize strong enforcement measures that respect hard-earned IP rights and to advocate an academic and social mindset that is curiosity-driven and promotes creativity. They will also need to act as conduits of knowledge on the right processes, policies, and strategies that would enable innovators to protect their creativity from being misappropriated by others.
Rise of the Problem Solver
A reason for Bejoy’s success is his problem-solving ability through team building. Once, as a leader in the world’s IP sector, the company he worked for, faced a severe challenge. Bejoy found himself leading his business through an unprecedented crisis—a lawsuit in the US with claims of over $800 million. In fact, according to Bejoy, his company had never encountered an IP challenge of this scale. The litigation came suddenly, leaving little time for preparation. Timelines were tight, strategies were complex, and the pressure was immense. Bejoy knew this wasn’t the time to pass the blame. Fortunately, they had existing contacts to bring in for legal advice, allowing them to craft a reasonably solid defense. However, as the litigation progressed, their initial strategies did not succeed.
Within a year, the first round of litigation ended with a devastating ruling from the court. The decision not only threatened to decimate one of the company’s key business segments but also inflated the financial claims against them. Despite the setback, Bejoy and his team hadn’t been idle during that year. They had a Plan B ready to deploy, and within two months of the court’s ruling, they were able to present a robust IP defense. This time, their efforts paid off. They successfully invalidated all claims related to a competitor’s patent, drastically turning the case in their favour.
During this critical time, Bejoy’s team consisted of just one junior member with less than two years of experience. Yet, her resourcefulness and drive, combined with Bejoy’s leadership and their collaboration with legal counsel, became the cornerstone of their success. As he recalls, they didn’t care if anyone recognized their efforts because they knew that the lessons in leadership they gained were reward enough. This experience became a defining moment in Bejoy’s career, giving him the confidence and courage to tackle other challenges that would arise in the future.
A Shining Leadership Example
This incident also substantiates why Bejoy’s IP leadership style is often recognized as an inspiration behind his achievements. Yet, he says he does not know if there is a special leadership style that suits the IP profession. However, he believes that having varied experiences in diverse aspects of Intellectual property will provide unique perspectives that will allow you to provide effective guidance to others.
According to him, three important leadership behaviours that work are displaying a service mindset, generating a sense of ownership in others, and giving credit to others. Likeability is another important factor. People like to work with those who serve/assist them, solve their problems, value them and assist them in unlocking their full potential. Bejoy strongly believes that their team is not limited to the people who report to them but extends to all those who like to work with them.
Further, his guiding philosophy is that money and title should not be a priority at the early stages of any profession, especially in a knowledge-based profession like that of IP. The opportunities to learn better determine career choices. During the early years of his career, Bejoy rejected offers to head IP departments because he believed that he had not learned enough to be successful in such more responsible roles. Looking back, he believes such decisions helped him focus on learning conceptual, procedural, and legal principles that govern the interdisciplinary field of IP. To be successful in the IP profession, you may sometimes be required to be a jack of all trades and a master of some.
A Fortunate Inception
Of course, it all comes down to Bejoy’s entry into the field of IP, which he admits was not by design but by sheer coincidence. His career journey took an unexpected turn when he applied for a Patent Examiner role while pursuing his PhD at IIT Bombay. Though initially hesitant to leave the lab, he was intrigued by the opportunity to work on cutting-edge inventions, albeit not of his own making. To his surprise, he found enjoyment in evaluating patentability, comparing inventions with prior publications, and reading patent specifications.
A pivotal mentor, a Senior Patent Officer involved in drafting the Patents (Amendment) Act of 2005, encouraged Bejoy to dive deeper into patent law, introducing him to the renowned “Terrel on Patents.” This fueled his growing passion for intellectual property (IP) law. A casual conversation with a Senior Patent Attorney at an IP conference further propelled his path when the attorney challenged whether Patent Examiners would leave the security of government work to become Patent Attorneys themselves.
Bejoy took this challenge seriously. He transitioned to a job as an IP Associate at a large law firm, where he trained under a Senior Patent Attorney mentored by the famed Robert De Penning. Here, Bejoy learned the meticulous art of drafting patent applications and the value of mentorship in mastering this craft. He later moved into contentious IP matters like Oppositions and Litigations before joining the corporate IP world, where he learned strategic balance in business decision-making while working with a European Patent Attorney at a Dutch pharmaceutical firm.
Bejoy reflects that while it’s not essential to work in every IP role to succeed, his experience as an Examiner, Patent Attorney, and in-house IP Manager gave him a unique perspective and a profound understanding of the field. These diverse roles enriched his career, teaching him invaluable lessons in the intricate world of intellectual property.
Creating a Successful Knowledge-Economy
The IP landscape is continually evolving. When asked about how he ensures that he remains adaptable and ahead of industry trends in the ever-evolving Intellectual Property landscape, Bejoy responded, “Fortunately, in the Intellectual Property domain, learning opportunities are many.” He elaborated that working with patent lawyers globally allows him to learn from interactions regarding changes in the legal environment across different regions of the world. Bejoy also highlighted the wealth of resources available on the internet, including IP blogs, law firm reports, and decisions from IP offices, tribunals, and courts. These resources provide valuable updates on the continuously shifting landscape of IP law.
He emphasized the importance of networking with peers at IP conferences as another avenue for learning. “I believe training others is another opportunity to continue our learning process,” he added, underscoring his commitment to both personal growth and the development of those around him in the field.
Bejoy also believes that the field of IP is not just limited to using legal tools to protect innovations. He views it as an opportunity to assist businesses in framing the right strategies to succeed in a competitive market environment. “It is also about supporting technologists in ideation, in brainstorming sessions, and allowing them access to ideas already known in the art,” he explains. Bejoy sees numerous opportunities within this realm and encourages the teams he works with to create insightful reports tailored specifically for technologists and business professionals alike. Additionally, he advocates for the establishment of micro-training platforms designed to disseminate concepts and knowledge related to intellectual property. “If you ask for one specific example, I would say it is a platform for collaborative ideation,” he adds, highlighting his commitment to fostering an environment of continuous learning and innovation.
A Tech-Smartened IP Era
In the IP arena, technology plays a pivotal role in enhancing efficiency. According to Bejoy, the basic tenet of IP Management is the ability to manage vast amounts of information. Technology (IT Technology) assists in simplifying this task. Appropriate tools and automation would allow them to prevent information and transactional actions from overwhelming them so that they could invest their time in promoting ideation and devising strategies that will benefit business growth.
Also, today, intellectual property goes beyond the physical realm, transforming due to aspects like digital and virtual advancements, which are necessities. Bejoy, too, believes that these are critical factors that must be addressed. If you are operating remotely/globally, you do not have the luxury of in-person meetings all the time. Having efficient digital tools/platforms like MS Teams is critical to your success in transacting our business in such scenarios. To be efficient in such online meeting environments, however, they may often require a bit of discipline, he adds. This includes sufficient preparation ahead of meetings, prior sharing of information that will be discussed during the meeting (for others to prepare prior to the meeting) and recording/communicating the minutes/summary of the meeting are all important to ensure successful outcomes from these online meetings.
When it comes to the impact of emerging technologies, Bejoy considers AI/AGI as an opportunity rather than as a threat to the profession of IP. AI would assist in reducing human interference in a number of IP processes that are transactional in nature, apart from providing useful insights that are customer-focused. Such AI/AGI systems would also remarkably enhance the efficiency and productivity of IP services, he says. “However, much of the success with these AI tools will rely on how much we train them.” These tools will not completely consume the realm of IP because the world of IP is rich in enormous possibilities for creativity and strategic guidance that will remain within the purview of human capability, intuition, and experience. However, to be successful in future, IP professionals will be required to elevate themselves to be less transactional and more creative and strategic so that they remain relevant in the world of AI/AGI-assisted IP services.
Advising Aspirants
Along similar lines, his advice to young aspirants is that the IP industry offers a variety of career options according to the specific interests and skill sets of individual aspirants. “If you relish being at the cutting edge of creativity and wants to assist corporations in winning by protecting such creativity and navigating their market aspirations by mitigating IP risks, you can opt for the role of an in-house IP counsel. If you are willing to be exposed to multiple technologies, find drafting and practice of law exciting and like interacting with Government IP offices, you could opt for an IP drafting and Prosecuting Counsel role in a law firm. If you like practicing in courts, such as argumentation and contentious proceedings, you can choose the role of an IP Litigator. IP also provides opportunities to be in academia, where you could assist institutions in leveraging their IP, assisting in creating and protecting it.
In all these roles, there is one common attitude that is required to be successful: “A strong desire to make others successful, being authentic, curious, and resourceful.”
A Wisdom-full Tomorrow
Finally, Bejoy says that the world of IP is ever-evolving, and the sky is the limit. There are always opportunities to advance the frontiers of creativity either independently or in collaboration with others. He adds that IP practitioners have a collective obligation to serve this planet and its people by promoting inventive solutions and complementary partnerships. The future of IPR is to forge such partnerships and promote ingenuity for the benefit of humanity. “I will feel fulfilled if I am able to contribute significantly towards this noble endeavour during my entire career in IP,” he concludes.
