Introduction

In today’s ever-evolving world of creativity and innovation, where ideas spread faster than fire it has become very important to protect Intellectual Property (IP).

Rules and laws related to intellectual property serve as a bedrock in the protection of different intellectual properties, such as inventions and logos used by brands.IP lawyers are considered the superheroes of the world because they are available to safeguard the groundbreaking inventions in this world.

Do you also dream of a job where you can use your skills to safeguard all the latest technologies of this world?

In this article, you will get an overall idea of how to become an intellectual property lawyer, from career opportunities to educational paths to exploring the role of all these legal professionals.

What Is Intellectual Property Law?

In simple terms, intellectual property refers to the property that is developed by the brain, and Intellectual Property law encompasses the laws and rules that protect these creations of the brain.

Intellectual property consists of inventions, designs, artistic work, trade secrets, and symbols to use in commerce. Any new tech that into your mind is intellectual property.

It helps you protect your intellectual property from anyone who tries to steal it. These laws not only help in protecting the creative inventions of the creators and inventors but they also give them an exclusive right over their property so that they can easily control and use their work for their benefit.

This kind of protection not only rewards the creativity of the inventors but also encourages future innovations. The types of intellectual properties are:

Patents are
Any brand name or logo (for example, the yellow-red M for Mcdonalds)trademarks.
Any song that you keep humming, or the bestselling novels, etc. are copyrights.
Secrets of the big companies that keep them ahead of everyone in the business, like the 11 secret recipe of KFC “Trade Secrets”.

IP Lawyers role in innovation and creativity

IP lawyers a crucial role in protection of innovation.

Some of their main roles include advising clients on ways to secure intellectual property rights, managing IP portfolios, and enforcing IP rights during infringements.

IP lawyers also have to check through the complications of national and international IP in case of international disputes.

While working for individual inventors, startup companies or MNCs, IP lawyers ensure that the innovations are commercially viable and legally protected.

More About Intellectual Property Law

Types of IP: Patents, Trademarks, Copyrights, Trade Secrets

Patents- The legal right of patent is granted by the government for any new invention or any significant improvement to the existing inventions. Patent holders are granted the exclusive right to produce, use and sell their invention for a specific period of time, (20 years in India). However, in exchange for these rights, the inventor must disclose the details of invention as it will contribute towards the overall advancement of knowledge and technology.
Trademarks- A trademark may be a sign, design, word or symbol that distinguishes the goods or services of the entity from others.

These signs play a very important role in creating the identity of the brand, customer trust and reputation.

Unlike copyrights and patents there is no specific period for which the trademark owners can have their rights. Instead, they can last indefinitely as long as they are in use and defended against infringement.

Copyrights- Copyright protection is provided to the makers of “original work of authorship,” such as literary, artistic, musical work, etc. Copyrights give the creator the exclusive right to reproduce, distribute, perform, display and licence their work.
Trade Secrets- Trade secrets contain confidential information related to the business, such as formulas, designs, patterns, recipes, etc.These secrets are extremely crucial to any business as they provide a competitive edge to the

Multiple criterias are there to be as a trade secret, such as the information must be a secret, should have commercial value and only be known by the top stakeholders of the business.

Trade secrets are usually protected by companies in India through Non- isclosure agreements as there is no specific law for the protection of trade secrets.

Importance of IP in various industries

Intellectual property can be considered as the lifeline of many industries.

In the technology or pharma sector patents are used for the protection of new inventions and innovations. This allows the companies to recoup their research and development for the protection of such inventions.

In the entertainment and media industry, copyright has great significance as almost all the work produced by this industry such as films, music, books and even software come under the ambit of copyright.

And for other industries, such as fashion and luxury goods, brand identity is very important. Trademark helps these companies to build and maintain their reputation by distinguishing their products from those of their competitors.

Global aspects of protection in IP

IP law varies from country to country but there are many international agreements and treaties related to the IP that govern cross-border IP disputes.

1. TRIPS agreement- This is the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and currently is the most crucial treaty that governs the international framework for Intellectual Property.

2. Paris Convention- The Paris Convention was established in 1883 and it mainly focuses on patents and trademarks. This treaty allows the applicants to file protection of their IP in member countries while it also gives a framework for international cooperation in the field.

3. Berne Convention- This convention was established in 1886 and has been effective since then. It allows the member countries to recognise and enforce each other’s copyright laws.

4. World Intellectual Property Organisation-. It is a platform that resolves all international IP disputes and endeavours to create a standard IP practice along with enhancing IP cooperation.

In today’s world cross-border IP disputes are becoming increasingly common. It is crucial for all the IP lawyers to understand all these international frameworks that help in the protection of IP globally.

Educational Foundation

To become an intellectual property lawyer you need to have a solid educational foundation.

So, for those of you who want to know , it is important to learn and understand the right academic route for becoming an IP advocate.

This section provides an outline of the educational steps that will help you build a successful career in protecting innovations and creative works.

Undergraduate degree considerations (STEM vs. non-STEM)

STEM vs. Non- STEM Backgrounds:

STEM Background- STEM stands for Science, Technology, Engineering and Mathematics and STEM background refers to the academic and professional experiences which are related to these fields. These backgrounds are known for their focus on technical and problem-solving abilities.

Advantage- A STEM background is highly advantageous for those interested in Patent law. Patent law involves, analysing whether a new invention or any technological invention would be competent to get the patent protection. nd in order to analyse this, the Patent professional must have technical background so that they are able to comprehend the complex inventions, the scientific principles used in it and evaluating the patents.

Non-STEM background- As the name suggests, non-stem background refers to the fields outside of Science, Technology, Engineering and Mathematics. Many of the IP professionals belonging to the legal fraternity, do not have a STEM background. It can be said that a STEM background is not essential for the other fields of IP like, trademarks, copyrights and trade secrets.

These fields mostly involve protecting the IPs of brands, creative works, confidential business information, etc. A non-STEM background/degree has its own benefits, like a strong foundation skills like communication, legal principles, business management, etc., all of which are crucial for IP management.

Law school requirements and specialisations

The first step to becoming an IP lawyer in India is getting the LLB degree, either a five-year course or a three-year course from reputable law school. It is necessary to select schools that offer a specialised course in IP Law and that covers various aspects of IP including patents, trademarks, copyright etc. Furthermore, you may go for higher studies (LLM) after completing your UG law degree with IP as your specialisation.

Extra certifications

In addition to all the basic qualifications you may improve your IP qualifications by doing extra certifications. These certifications add specialised skills to your CV, which can set you ahead in your field.

Diplomas and Short Courses- There are various institutes, including the NLUs, that offer diploma courses related to IP. Some of such courses are online and can definitely add to your expertise.

However, if you are someone who is still in law school, then you can go for the certificate courses that are provided by online education centres

Examination For Patent Agent- For all the individuals who are pursuing Patent law, specifically clearing the Patent Agent Examination conducted by the Office of the Controller General of Patents, Designs, and Trademarks (CGPDTM) is essential as this examination is the only way to become a registered Patent Agent.

This designation authorises you to represent clients in patent-related matters, and passing the exam is essential for practising as an Indian patent agent.

Steps To Become an Intellectual Property Lawyer

In order to become a successful IP advocate, you must follow a structured path under which you must select the right educational institutions, gain practical experience and build a strong network.

Here’s a comprehensive guide on How to Become an Intellectual Property Lawyer with each step:

Selecting a Good Law School

The first step to becoming a successful Intellectual Property advocate is probably selecting the right education institutions which have a robust IP program.

You must look for these things before choosing a law school for your IP career:

Specialised Curriculum

Opt for law schools that offer robust IP courses. In today’s time, almost all law schools offer IP courses, some as optional courses and some as mandatory courses. If your institute offers it as an optional subject, you must take it up as it will help you to build comprehensive knowledge and practical skills essential for a career in IP law.

Faculty Expertise

Before selecting your law school, do a quick background search on the faculty’s experience and credentials.

Make sure that the IP professors have extensive experience in intellectual property law. A good professor not only teaches knowledge to students but also grants practical knowledge and skills.

Reputation of the college

Consider the law school’s reputation and ranking like NAAC accreditation. Also, check if the law school has connections with top law firms and legal departments, which can be beneficial for your job placements and internships.

Network of the Alumni

You can check the alumni network in the field of IP law. A strong alumni network helps in building valuable connections and provides mentorship and job opportunities.

Check the table below listing the top law schools in India offering courses in intellectual property.

Name of the Institute

National Law School of India University (NLSIU)

National Academy of Legal Studies and Research (NALSAR)

National Law University (NLU) Delhi

National Law Institute University (NLIU) Bhopal

National Law University, Jodhpur

Jindal Global Law School, Sonipat

Symbiosis Law School, Pune

Amity Law School, Noida

Nirma University, Ahmedabad

Shiv Nadar University, Greater Noida

Practical experience in the field of IP law

Having practical experience in the law field is necessary for building a successful career.

One of the crucial steps to building practical experience as a student is with the help of internships. These experiences help in understanding the practical skills of IP law.

The importance of internships for a successful IP career has already been mentioned. Now, you can bag these internships by applying to law firms, corporate legal departments or government bodies that specialise in the field of IP law.

Here’s a list of IP law firms, government agencies and corporate legal departments where you can apply for internships in IP law:

Law firms	Companies	Government Agencies
Anand & Anand	Microsoft India	Officer of the Controller General of Patents, Designs & Trademarks (CGPDTM)
Remfry & Sagar	Google India	Copyright Office
Desai & Diwanji	IBM India	Indian Patent Office
S&R Associates	Huawei Technologies	National Intellectual Property Organisation
Saikrishna Associates	Amazon India
Luthra & Luthra Law Offices
K & S Partners

Click here, to check the latest internship opportunities.

Networking in the IP community

Law careers are very much dependent on the networks that you build throughout your life. Similarly, in order to build a successful career in IP law, networking is crucial. Here are a few points on how you can effectively connect with the community:

Attend Conferences and Seminars- There are various law conferences, seminars, and workshops related to IP law held by various law schools and institutions. As a law professional you must participate in such conferences as it helps in meeting other professionals from the same field and expand your network. Most of the time, these events are attended by key industry figures and you never know when you will build a very strong network which may help you in bagging internships or even job interviews.
Utilise LinkedIn- In today’s social media world, LinkedIn is one of the easiest and best ways to connect with professionals in the IP field. You must create a LinkedIn profile to connect with the professionals in your field and also join relevant groups on LinkedIn to get the latest information related to career prospects.

Passing the bar exam and obtaining licensure

Passing the bar examination is a critical milestone for anyone who wants to become an Intellectual Property lawyer. The exam evaluates the understanding of the legal principles of the candidates and their ability to apply those principles in practical situations.

After having passed your bar examination, you must fulfil additional licensure requirements like submitting proof of educational requirements, identity proofs etc. to the Bar Council of India or to the relevant State Bar Council. This process ensures that the candidates meet the ethical and professional standards of practising law.

Skills Required For IP Lawyers

These are some of the necessary skills every IP advocate must have.

Technical Knowledge

A strong hold on technical aspects is very crucial for individuals who want to pursue a career in IP law and specifically in patent law.

This means that the lawyers must have the technical skills to understand the scientific or technical details of the patents that they handle.

For example, if a lawyer is working with medical device patents he or she must possess the skills to understand the engineering principle used in building the valve to assess the patent claims accurately.

Strong writing and communication skills

Effective communications and strong writing skills are at the heart of IP law. These skills help IP lawyers in drafting clear and precise documents such as legal briefs. Effective writing will help lawyers in articulating arguments without ambiguity, while excellent verbal skills helps a lawyer during negotiations, presenting cases, advising clients etc.

Analytical and problem-solving abilities

IP lawyers must possess sharp problem-solving and analytical skills as these will help in assessing the strengths and weaknesses of IP claims and predict potential legal challenges.

For example, if the lawyer’s client is accused of patent infringement, they must assess the claims, review the product and further determine if there exists a valid infringement.

Business Skills

Learning business principles and industrial trends is very important for those willing to know how to become an intellectual property lawyer.

IP lawyers should have knowledge about the latest trends in technology such as any advancements in artificial intelligence or blockchain. It will help the lawyers in advising clients on IP strategies that align with market trends. Business acumen also aids the lawyers in negotiating agreements for the clients and managing their IPs.

Types of Career in Intellectual Property

Here’s the list of the most rewarding careers in this field:

Law firms with IP practice

Working with top-tier law firms is the most sought career path for most legal professionals. Especially for those who want to work in the IP field, working at law firms becomes a very lucrative option. Firms handle a wide array of IP issues which would give a chance to the lawyers to get exposure from various industries in the IP field. The task of IP lawyers in law firms mainly involves, drafting legal documents, representing clients in court and providing strategic advice on IP matters.

In-house counsel for tech companies

Another prominent career path for IP lawyers is becoming in-house counsel for tech companies. Most tech companies have dedicated legal teams to manage their portfolios, handle licensing agreements and address any potential legal dispute. In-house lawyers work for only one client i.e. their company, which gives them a comprehensive view of how IP law intersects with business operations.

Government agencies (USPTO, Copyright Office)

Several government agencies in India offer specialised roles for IP layers. IP professionals can bag jobs in several government agencies in India like, the Office of the Controller General of Patents, Designs, and Trademarks (CGPDTM), Copyright Office.

Academia and research institutions

For those who are passionate about teaching and research, a career in academics is the best option. To enter the field of academia, pursuers must complete an LLM degree from a reputed institution with a specialisation in IP law and complete their PhD in IP law.

Specialisations Within IP Law

Within Intellectual Property law, there are several specialisations, each focusing on different aspects of protecting and enforcing IP rights. If you are exploring how to become an intellectual property lawyer, you must first understand these specialisations to help you tailor your career:

Patent law and the patent bar exam

Patent law deals with new inventions which involves understanding of technical and legal requirements for any invention. The US Patent and Trademark Offices conducts Patent Bar Exam which qualifies the professionals to practise before the patent office. Similarly, the Controller General of Patents, Designs & TradeMarks conducts the Patent Agent Examination. The exam mainly tests your knowledge of patent statutes and regulations for those who want to work in this department.

Trademark and brand protection

Trademark law focuses on the protection of brand names, logos of companies and any other identifiers that distinguishes the company from products or services of its rivals. The role of trademark lawyer includes, registration of trademarks, handling trademark infringement disputes and compliance with trademark regulations. With the rise of online businesses and global e-commerce, trademark infringements have also become increasingly common. Thus, this has raised the importance of both national and international trademark laws.

Copyright law in the digital age

Copyright law mainly protects the original work of authors like literary work, drama, music and even softwares. IP lawyers who specialise in protection of copyright mostly work on cases of copyright infringement, advising clients on compliance with copyright regulations, any unauthorised use of digital content etc. Lawyers specialising in copyright law may find lucrative jobs in the media industry.

Trade secret protection strategies

Trade secrets include the confidential information of businesses which are crucial for the businesses. Trade secrets may include information related to formulas, processes, recipes, customer lists etc. Although there is no statutory framework in India for protection of trade secrets, IP lawyers who specialise in trade secrets may protect the trade secrets through Non non-disclosure agreements (NDAs).

When exploring How to become an intellectual property lawyer, you may shift your focus on any one specialisation so that it will help you build a distinct career path. Thus, you may segregate your interests and choose your specialisations accordingly.

If you want to get more experience and knowledge related to these specialisations, then you can enrol into any diploma programme.

Challenges in IP Law Practice

IP law is an exciting, interesting and lucrative field but at the same time it holds certain complexities also. Before getting into this field you must have an idea of the challenges to prepare yourself for the demands of this industry.

Keeping up with rapidly evolving technology

A lot of work in the IP field is related to technology so one of the major challenges in IP law is keeping pace with rapid technologies. Technology is evolving at an unprecedented rate with new developments taking place every day. IP lawyers must stay updated with these technologies, trends and innovations to effectively protect the creations of their clients and to enforce their IP rights.

Balancing technical and legal expertise

In addition to technical knowledge, an IP lawyer must possess legal expertise as their work revolves around legal matters intellectual property. For example, challenging patent infringement requires understanding complex scientific and technical details about the invention as well as knowledge about the legal framework on protection of patents.

Navigating international IP laws and treaties

In today’s globalised world, many IP disputes are cross borders. Such disputes require an in-depth understanding of IP laws and treaties which can be challenging due to differing regulations and enforcement practices across countries. Thus, IP lawyers must be familiar with the treaties and international agreements related to Intellectual Property, for example TRIPS Agreement and any other regional treaties that govern cross-border IP issues.

Ethical considerations in IP disputes

Ethical disputes such as conflict of interest, confidentiality concerns and responsibilities of zealous representation versus ethical constraints, often arise in IP law. IP lawyers must navigate through complex dilemmas carefully ensuring that their client is represented and at the same time they adhere to the professional conduct standards.

Want to know more about the challenges, career benefits and opportunities in the field of IPR? Read this article, for more info on it.

The Future of IP Law

The future of IP law is driven by emerging technologies and global trends. For those who are interested in How to become an intellectual property lawyer, understanding these technologies become very crucial.

Emerging issues (AI, blockchain, biotechnology)

With the ever-advancing technology, new issues are also surfacing not only in the technical industry but also in the IP industry. Artificial intelligence has transformed various industries by enabling machines to create their own IP. But in such cases, the question that arises in front of IP lawyers is who would have the authorship and ownership of such intellectual property as AI is not human.

Technologies like Blockchain and Biotechnology also pose similar questions in the field of IP. Biotechnology inventions include genetic modifications or new biological processes. In such inventions it becomes tough to understand which part of the invention can be patentable and which cannot be due to the presence of varied standards and regulations.

Impact of technology on IP law practice

Technology is reshaping the practice of IP law. Many digital tools have become available in the market that have made processes like trademark searches, patent filings and IP portfolio management etc, much more efficient.

Global trends in IP protection and enforcement

Cross-border IP cases have become increasingly common due to the popularisation of works of artists or global e-commercialisation. The regional and international frameworks for the protection of IPs globally.

However, in spite of the presence of these frameworks, there exist disparities in enforcement and protection standards. This is why countries are updating their domestic IP laws to address such challenges.

Developing an IP Law Career

Developing a successful IP career requires strategic planning and commitment towards continuous learning and development.

You can also develop a robust career in IP law and have a long-term successful journey in this area if you focus on the below-mentioned points at the initial stage of your profession.

Building an IP Law Niche

It is very important to pick a niche area of practice at the beginning of your career as it will set you ahead in the competition. Since you have already selected IP as your niche, now it’s time to choose a niche within IP law, which can be patent law, trademark, or copyright.

All three of these IP laws and their statutory framework are different and require in-depth knowledge. Selecting a niche field would allow you to become a go-to expert which would open doors for specialised roles and opportunities.

Publishing and speaking engagements

Activities like publishing articles, blogs and papers or engaging in conferences gives you a chance to showcase your knowledge in IP regulations. These activities help you build a network, credibility and your expertise. Such recognition in the field can always lead to new and better career opportunities.

Joining professional associations

Becoming part of professional associations , which helps in building networking opportunities and access to various industry resources. These organisations also hold seminars, and workshops that will help you stay informed on any latest developments in IP law

Continuing education and staying current

Iimportant to remain updated with the new changes in law or any relevant development in technologies. Moreover, you can always attend workshops or obtain additional certifications for staying updated.

Conclusion

In order to become an intellectual property lawyer there are various key steps that you are required to take, such as getting into an institute for necessary educational qualifications to gain practical experience in the IP field.

As you start this journey keep in mind that success only comes from continuous learning and engaging with professionals from your field. You must also be ready for the challenges that may come your way in becoming a top IP lawyer. Embrace these challenges and soon you will be at some top position in the industry.

Click here, if you want to know why IPR is an exciting career choice.

FAQ

How long does it take to become an IP lawyer?

It usually takes 5-7 years to become an IP lawyer.

What’s the average salary for an intellectual property lawyer?

The salary of an IP lawyer in the beginning of career may vary from 6 lakhs per annum to 16 lakhs per annum depending on the firm or company they are employed in.

Can I specialise in IP law right after law school?

Yes, you can specialise in IP law right after law school through relevant courses like LLM or even through practical experience.

Are there opportunities for IP lawyers outside of law firms?

Yes there are a plethora of opportunities for IP lawyers outside of law firms, such as in-house counsel roles, in government agencies and academia.

This article has been written by Katyayni Pandey, a writer at LawShiko.

Path Towards Becoming An IP Attorney