Team Member - Legal

Division

Legal

Department

Legal

Sub Department 1

Job Purpose

Execute legal operations and provide assistance and support to the respective Team Leads, independently handle and end to end manage Operations, Strategy and Risk Management of Company's Intellectual property (Trademarks & Copyright)

Key Accountabilities (1/6)

Operations & Strategy and Risk Management of Organisations Trademarks portfolio

• Independently conducting Trademark searches in India and International jurisdictions.
• Advising Business on registrability and use of trademarks by providing a detailed risk notes.
• Assisting Business in product launches by advising on commercial risks associated with transactions and their potential impact on business, and suggesting appropriate risk mitigating measures
• Drafting and responding to Examination Reports, Notices of Oppositions, counterstatements, Affidavits in support of opposition and Affidavits in support of application
• Attending Show Cause Hearings
• Timely Renewal of Trademarks
• Branding/coining of trademarks
• Evaluating and advising on international trademark office actions and oppositions
• Review of trade dress and packaging and advising on the registrability and usability of the same across jurisdictions
• Research on Trademark and Copyright case Laws
• In-House Management of TM portfolio
• Assist Reporting Manager regarding legal and commercial risks associated with deals and their potential impact on business and suggest appropriate mitigating measures
• Advising on disparagement and misuse of trademarks
• Maintaining a robust network of attorneys for international jurisdictions and ensuring timely updates on all matters.

Key Accountabilities (2/6)

Provide adequate support to the respective Reporting Manager in day-to-day advisory/opinions to the businesses in line with the Copyright Act, ASCI, UCPMP, DPDP Act, Legal Metrology, Drugs and Magic Remedies Act and Drugs and Cosmetics Act

• Review of Artwork – primary and secondary packaging
• Review of promotional material
• Review of Content
• Review of Social Media creatives and posts Advertisement material
• Review of Website/mobile application content
• Review of Scripts, Videos
• Drafting and reviewing of website T&C
• Research related to Advertising of Products/services
• Research related to legalities involved in Social Media advertising/ influencer advertising
• Review of material used in Doctor engagements/ CMEs
• Prepare accurate interpretation of contract documents and provide observations to the Reporting Manager
• Assist the Reporting Manager in preparing justifications to inquiries regarding existing contract obligations and revisions, identify risks and issues, and suggest alternatives for it.

Key Accountabilities (3/6)

Database Management and undertaking various ad-hoc projects assigned by the Team Leads from time to time. 

• Maintaining Database Management
• Assist in preparing brief/project deck/reports after examination of the documents collated and provided by the internal and external stakeholders.
• Research and prepare notes on the applicable laws and regulatory landscape for the identified territories and keep abreast herself/himself about the legislative changes in pharmaceutical industry in those territories.
• Coordinate with the internal stakeholders and external stakeholders. Prepare update deck for the team on various matters.
• Update and maintain data relating to trademarks, copyright and contracts and litigation and notice management relating to intellectual property, in the respective digital platforms.
• Updation and management of Trademarks Database and sharing quarterly updates with relevant stakeholders of all trademark matters.

Key Accountabilities (4/6)

Litigation & Counterfeit

• Assisting Senior in Drafting of Cease and Desist Notices
• Assisting Senior in providing strategic advice on initiating and responding to third party IP infringement matters & Research on case laws
• Assisting Senior in reviewing of Plaint, Written Statement, Affidavits
• Assisting Seniors in research, docket compilation for Briefing Counsel
• Assisting Seniors in Anti-Counterfeit Actions
• Maintaining and tracking IP Litigation matters by working closely with the Litigation Team

Key Accountabilities (5/6)

Transactional matters

• Assisting Senior in drafting of documents, NOCs, contracts relating to intellectual property rights
• Assisting Senior in providing strategic Advice on dealing with IP including Dossiers and Regulatory Approvals during deal structuring.
• Assisting Senior in drafting of Trademark Assignment and License Agreements, Copyright and Patent Assignment Agreements, Artists Agreements and coordinating with internal stakeholders for necessary approvals and comments to ensure that the business practices and procedures being followed are in line with applicable laws & legislation
• Copyright Ownership Agreements
• Assisting Senior in review of Asset Purchase/BTA including drafting language of all IP definitions/clauses, representations and warranties, indemnities, breach etc relating to IP
• Conducting Due Diligence on trademarks, copyright, IP contained in dossiers/ regulatory documentation and other intellectual property

Key Accountabilities (6/6)

Major Challenges

• • Volume of assignments i.e., conducting Trademark searches in India and International jurisdictions.

  advising Business on registrability and use of trademarks by providing a detailed risk notes and review of all content from a copyright perspective as well as procedures being followed are in line with applicable laws & legislation

  • Independent handling of basic Trademark searches, TM Prosecution and Copyright matters and providing end to end and support to Reporting Manager is required for timely handling of volume of assignments.

Key Interactions (1/2)

Internal

• Business and Functional team members to understand business/functional requirement and assisting Business in product launches by advising on commercial risks associated with transactions and their potential impact on business, and suggesting appropriate risk mitigating measures
• Strong support in project and litigation management

Key Interactions (2/2)

External:

• Counter Parties to assist Seniors in negotiating and finalisation of the agreements relating to intellectual property rights.
• External Counsels/Law Firms to maintain a robust network of attorneys for international jurisdictions, assist Seniors in research, sharing briefs and seeking opinion on case-to-case basis

Dimensions (1/2)

• Quality of output
• Turnaround time
• Value addition in commercial contracts and litigation etc.
• Reducing dependency

• In-house handling of matters
• Cost effectiveness

Dimensions (2/2)

Key Decisions (1/2)

End to end management of global trademarks and copyright portfolio.

Value addition in critical matters involving intellectual property rights.

Strong support in trademark, copyright, project and litigation management

Key Decisions (2/2)

Education Qualification

LLB

Relevant Work Experience

2 to 6 years of total legal experience