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Vivek Tiwari is a Former Scientist and is presently a Practising Advocate primarily before Hon’ble Punjab and Haryana High Court, Chandigarh and occasionally before Hon’ble Delhi High Court and Hon’ble Supreme Court of India. He also serves as Managing Partner of a Technology Law Firm, Analogue Legal. He has been part of important litigation matter such as, Dera Sacha Sauda Ram Rahim Case, Jaat Andolan Case, CDSCO Drug Trial Case, Jindal University Gang Rape Case, etc. He was part of the team that advised MG Motors in their Trademark and Indian Entry Strategy. Recently, he was appointed as the lead counsel in a matter involving of INTEL Corporations w.r.t. a Trademark Infringement. Recently helped IIT Delhi and US based Viva Bio LLC in their Patent Assignment Strategy. He has been into public policy litigation and three matters are under adjudication involving Ministry of Home Affairs and Ministry of Corporate Affairs.
He has been advising numerous Blockchain and Crypto based platforms on Indian and Asian Taxation Systems. He has been accredited in arbitration and holds designation viz. APD(UK), ACIArb(UK), YADRWIPO(Singapore). He is the Young Member of ICISD, World Bank. He also served as an enlist in the UNDP Project in Nepal.
Vivek, is the Founding Member and Research Director of Think Tank named Project Preamble finding space in legislative drafting, constitutional history, comparative politics and public policy, Intellectual Property Law and Data Protection.
Interview:
Host: Tell us about a complex legal issue you worked on. Describe the complexity and tell us how you approached it.
Vivek: I have been fortunate to have been part of diverse matters like Jaat Andolan Case, Dera Sachha Sauda Ram Rahim Case and CDSCO Drug Trial Case. Apart from this I have been a regular arguing counsel in the matters pertaining to Income Tax and GST Laws, Service and Constitutional Law matters, Election Law Matters. I also look into Corporate Matters pertaining to General Corporate, Intellectual Property, Data Protection and Privacy, Arbitration, International Trade and Taxation, Mergers and Acquisitions, Insolvency and Bankruptcy. To sum it up I would wish to mention about the two main matters which have my whole regard and gratitude. The first matter being a Trademark Infringement matter involving a global IT giant namely, INTEL Corporations. Furthermore, a matter which involved diverse set of parties from France, Australia and United States in an Arbitration matter involving the global gaming standards and policy. This was the first time I was involved in a matter that included such a kind of international dealing. Thirdly, I would also like to mention about a Cross-border transaction which I lead on behalf of my firm for IIT Delhi and a US based drug manufacturer Viva Bio LLC. Although, the Jaat Andolan Case and Dera Sachha Sauda Ram Rahim Case where we represented the CBI, have been fascinating to be associated with and certainly were deciding factors in the social and political discourse the Drug Trial matter had my way when for the first time we had to challenge a Clinical Trial subjecting to death of a healthy woman, leading to appropriate compensation.
Host: The pandemic saw some courts begin moving towards more remote proceedings and availability. Is this sustainable, and a possible way to increase access to justice, in your opinion?
Vivek: Indeed, I find no reason why this is not possible. It is totally agreeable that the infrastructure is yet to flourish to the best possible terms but it is yet functional. The superior courts in the country and worldwide showed an amazing acceptance for the technology and i would say this was moreover important so as to make sure that the 18th century traditional law practice catches up the the needs and demands of the 21st century. Needless to say that lawyers fear nothing but the technology itself but cheers to the bar and equally the bench that helped and coordinated with each other to rather create a parallel system where Delhi factor seems dissolving. With regard to the lower courts, I do not think they are yet ready but I am optimistic.
Host: How would you rate the current legal system's drive towards encouraging access to justice? Is there tangible movement in closing the justice gap? Vivek: I think more than the law the ancillary aspects to the same has been a problem, viz cost of justice in India is very high. I cant say about foreign countries because I only have the corporate and commercial world exposure with regard to same but the general common people striving and starving for justice is a matter of concern. The view when people just walking and finding help in the corridors of the court in hope of maybe a good lawyer or counsel to lead their matter is a still a sense of worry, reason being there are many misfits who cheat them, quote high fees, do not file the matter for months and fail to understand the pain of the affected. It is important to be detached from them to make sure we function apt and at best but it is also important to remember that we are in a service based profession and not a profit making business venture. Somewhere down the line, the ray of hope seems of diminish for these people. But as always, I am hopeful to find lawyers who are working day and night and even take up pro bono matters to make sure the voice of these affected do not go unheard at any cost.
Host: In the era of legal technology, what are the most commonly used tools for you?
Vivek: I have been an ardent user of Manupatra and Casemine. I love how Casemine has been programmed, the user interface is amazing and so at ease. I find SCC Online a bit clogged and more inclined towards research and academic purposes. I use SCC Online with regard to reading conventions, treaties, privy council judgements but for my day today practise its mostly Casemine followed by Manupatra.
Host: Time is money in any profession and in legal it's most of all. How do you ensure to make the best of your time as a lawyer?
Vivek: Reading and Running are the two ways to keep myself fit and better both bodily and mentally. I love reading books, although I do not relate to fiction a lot, but non-fiction finds me peace. I love reading the religious scriptures to conspiracy theories, all of them being apart from development in law. I believe a lawyer needs to be an all rounder personality and therefore he must be better at few skills apart from law as well.
Host: Having worked as a scientist and then shifting to law, what's the story and why such a shift?
Vivek: The shift was new and different and came with its own little surprises. I never thought of becoming a lawyer as I was way too much happy in pursuing my career in science and was wishing to start my own laboratory. It was then when I was associated under a project when the idea of law striked me and a parallel avatar world actually took conception for me. Doing something for the larger social interest was always the goal although realising that law could be a tool was much later and spontaneous. Though, I flowed with it and subsequently it seems like it has been a great choice.
Host: Which subject of law interests you the most and what services do you provide in it? How difficult is it to find a new legal service segment in an already clogged profession.
Vivek: Law itself is a subject area which is highly fascinating but the related non-legal subjects like the law and public policy, law and economics, criminal psychology, law and victimology, the criminal science, forensics, these find my interest any which way. But to be specific, Constitutional Law has always been an interest rather a goal. Constitution is the essence of the modern state of India that we are in and forms an important discussion in social discourse, daily. It is a very deep literature with its own history, romance and drama. Reading the bare constitution may sometimes feel like a dry subject but having been able to carve out a way that suits me the best in dealing with the subject itself a success story *sighs*. As I was in science and wished to be working in drug designing hoping to win the Nobel someday, now in law the only thing attracts is Constitution, and becoming a good Jurist someday soon, other subject areas are just a way to be alive in the profession and sharpen the practise, one at a time.
Host: You deal in Litigation, Advisory and Corporate Law, how do you manage the work owing to the fact that all three demand a different strategy and working style?
Vivek: Litigation has its own charm and we cannot deny it so that will always be my priority, atleast how I see it coming. My dealing in General Corporate and Advisory is based on the other practise areas of law which are very niche and tough to establish in. It is just one of my ways to keep learning the different fields of law. So generally, when I have a matter listed before any of the Hon’ble Court or Tribunals I am there arguing and loving that entire courtroom drama. It gives me adrenaline rush. After I am done with that, I love to engage with clients in advisory and different facets of commercial and corporate law as it provides me with general idea of a case. Litigation although being a speciality in itself does not provide you with the exposure of other side of the business, i.e. world outside courts, this is where I find place for Corporate, Advisory and Transaction Law practise.
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