Focus on Fellowship Training: Dr. Dara Ajay (India)

March 15, 2018

Dr. Dara Ajay from India recently completed WIPO’s short-term fellowship training in cooperation with SHIGA International Patent Office. Under the Japan Funds-in-Trust arrangement, the WIPO Japan Office (WJO) invites on average three fellows a year to participate in the two-week program. Dr. Dara’s training focused on Japanese patent law, intellectual property (IP) litigation, and WIPO’s international IP Systems such as the PCT.

Dr. Dara is the twelfth participant in this training fellowship, which is organized with the aim of providing graduates of WIPO-supported LL.M. programs on IP with an opportunity to gain practical experience in IP by placing them in a variety of leading IP law firms in Japan, including Hogan Lovells International LLP, Itoh International Patent Office, the Japan Patent Information Organization (Japio) and Seiwa Patent & Law.

Through hands-on experience, trainees gain a deeper understanding of the business operations and IP services of their host institutions. Depending on the trainee’s background and areas of preference, training may include working with actual IP applications, registrations, litigation, etc. Previous trainees came from countries that included Ghana, Malaysia, Mongolia, Sri Lanka, and the Philippines.

Improving practical knowledge

Through his training, Dr. Dara was better able to understand patent drafting, more specifically how to write claims and how to respond to an office action. He found that his time at SHIGA International Patent Office improved his practical knowledge and provided him a great opportunity to experience patent drafting, filing, and prosecution in Japan.

Towards the end of the program, SHIGA International Patent Office also took Dr. Dara on two major site visits to the Japan Patent Office (JPO) and the Supreme Court of Japan. At the JPO he developed a deeper understanding of patent and trademark examination process in Japan, including the outsourcing method used to expedite the process. He also had the chance to sit in on a hearing on IP infringement based on a difference in the translation of a patent application. While at the Supreme Court, he received a general introduction to the Japanese judicial system as well as a detailed explanation on how cases are handled between the three Petty Benches and the Grand Bench.

Mutual experience sharing

As of part of fellowship requirement, Dr. Dara presented and discussed current IPR trends in the Indian Patent Office (IPO). The presentation pointed out some of the key differences in the Indian and Japanese patent systems.

Dr. Dara’s presentation also emphasized the importance of the Indian Traditional Knowledge Digital Library (TKDL), particularly its significance when performing prior art searches for plant and herbal-extract-related inventions. Furthermore, Dr. Dara discussed the compulsory licensing (CL) case studies reported by the IPO, including the pivotal case of Natco  v. Bayer Pharma, the first ever CL granted by the IPO, and its effect on licensing in the pharmaceutical industry. Finally, he gave a brief overview of the patent infringement and injunction trends in the Indian High Court.

Perspectives for the future

Dr. Dara believes that due to his training in Japan he is better equipped to search and draft patent claim specifications, particularly in Japan. However, he is now also interested in focusing his research on IP litigation for the development of future policy changes in India. His future goals include pursuing a professional career in IP as a representative of his home country at a UN agency such as WHO, WIPO, or WTO.