TMT Law Practice

Dispute Resolution

Counsel

Abhishek Malhotra is member of both the State Bars of California, USA and Delhi, India. He has twenty-five years of experience in the primary areas of expertise, including intellectual property, commercial dispute resolution, technology, media and telecommunications.

With a strong emphasis on delivering quality legal services, Abhishek contributes significantly towards bridging the gap between legal challenges and transforming the business goals of clients into reality.

Abhishek’s expertise in the media sector has resulted in a close alliance with production houses, broadcasters, and artists across the industry, and he is recognized as the go to professional on industry issues in broadcasting, music and sports. He offers a rare combination of IPR, corporate advisory and dispute resolution services to the sector, throughout the country. His contributions to the policy realm is in providing inputs to the Government of India on copyright issues and proposed amendments to the Copyright Act, 1957 and as a Principal Advisor to the Broadband India Forum on issues relating to Telecommunications industry, Satellite Communications, Data Privacy, Broadcasting, etc.

Abhishek believes in empowering the next generation and often addresses students of various eminent institutions as a guest lecturer. He has contributed to books on Intellectual Property, Space Law and Sports Law published by Eastern Book Company and the National Law School India University, Bangalore, his alma mater and India’s premier law institution.

Abhishek regularly speaks at conferences and forums of repute, including the National Judicial Academy in Bhopal, Indo-American Chambers of Commerce, World Intellectual Property Office, The Observer Research Foundation, Medianama and FICCI. He also regularly contributes papers on various upcoming and nascent laws, including issues pertaining to the music industry, space law and clinical trials, amongst others.

Education:

California Bar Examination (July, 2001) LL.M. (I.P.), Franklin Pierce Law Center, Concord, New Hampshire, USA (Class of 2001) B.A. LL.B. (Hons.), National Law School of India University, Bangalore (Class of 1999)

Specific Expertise:

Prosecution / defence of suits, proceedings and appeals in respect of infringement of intellectual property rights, as well as commercial litigation concerning employment, information technology, and competition issues. Drafting and negotiating agreements, especially pertaining to the intellectual property and related fields, including Media, information technology, broadcasting, pharmaceuticals. Advising clients across industries, including luxury brands, information technology, media, hardware equipment manufacturing, pharmaceuticals, broadcasting. Advising clients and giving opinions on the creation, maintenance, management, and enforcement of IP rights, including assisting in prosecution of trademarks and copyright in India. Advising clients and giving opinions on Commercial Contracts, Government Advisory, Criminal Matters, Land Acquisition and Property matters. Advising clients and giving opinions on public policies & Regulatory Frameworks.

Professional Activities:

Abhishek has provided inputs to the Government of India on issues of copyright, data privacy, satellite communications, etc. Abhishek is also a guest lecturer at the Indian Institute of Information Technology. Abhishek was also the Chairperson at the INTA Annual Conference on the topic of strategies for brand owners in the BRIC countries (Seattle, 2009). Abhishek advises several think-tanks, and, associations in the field of Technology, Media & Telecommunications. Abhishek has spoken at the: National Judicial Academy, Bhopal on Enforcement of Trademark Rights – Civil and Criminal Remedies (May, 2008); Indo-America Chambers of Commerce conference on Doing Business in India from an IP perspective (Dallas, April 2008); Indo-America Chambers of Commerce conference on Leveraging Intellectual Property Rights for Business (Mumbai, June 2007); Music industry conferences at MIDEM, France where he has contributed to the annual legal publication of the International Association of Entertainment Lawyers (January 2005, January 2007, January 2008); International Trademark Association conference on protection of shapes of goods (Rome, December 2006). An updated version of this paper was published in the INTA Bulletin in July 2008; World Intellectual Property Office – FICCI conference on protection of rights of broadcasting organizations (October 2004).

Professional Memberships:

Bar Council of Delhi, India California State Bar, California, USA Delhi High Court Bar Association International Association of Entertainment Lawyers American Bar Association International Trademark Association (INTA) International Association for the Protection of Intellectual Property (AIPPI) FICPI

English, Hindi

Bar Council of Delhi, India California State Bar, California, USA Delhi High Court Bar Association International Association of Entertainment Lawyers American Bar Association International Trademark Association (INTA) International Association for the Protection of Intellectual Property (AIPPI) FICPI

California Bar Examination (July, 2001) LL.M. (I.P.), Franklin Pierce Law Center, Concord, New Hampshire, USA (Class of 2001) B.A. LL.B. (Hons.), National Law School of India University, Bangalore (Class of 1999)

Music