Dual capacity of advocates: Implications for IP law firms

Banerjee, Arpan and Chaudhari, Manasi (2018) Dual capacity of advocates: Implications for IP law firms. India Journal of Law and Technology, 14 (1). pp. 61-69. ISSN 0973-0362

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Due to the global nature of intellectual property (IP) infringements, a fair number of plaintiffs in Indian IP cases turn out to be foreign entities with no offices or agents in India. Such entities often appoint partners of law firms as their constituted attorneys. However, Indian law prohibits an advocate from acting in the dual capacity of a lawyer and client's representative. In this article, we discuss the law on the subject, including case law involving IP law firms, and interview leading IP law firms to understand their practices. We suggest strategies which law firms can use to skirt the dual capacity issue, such as appointing non-advocates as constituted attorneys.

Item Type: Article
Keywords: IP Law | Law | Firms
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Amees Mohammad
Date Deposited: 05 May 2022 02:33
Last Modified: 16 Jun 2022 07:33
Official URL: https://www.ijlt.in/journal/dual-capacity-of-advoc...
URI: https://pure.jgu.edu.in/id/eprint/2841


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