COUNTRY PROFILES
A spotlight on India, Russia and China
Conversations around diversity and inclusion initiatives in IP can focus on efforts in the US and in European countries. WIPR’s Alex Baldwin spoke to three IP practitioners from India, Russia and China to learn more about the issues in their countries.
The scales seem to be tipping in favour of more diverse representation in law, with initiatives in place throughout the sector aimed at increasing the number of female lawyers, minorities and LGBT+ individuals in the profession.
But when discussing diversity in law, we tend to focus on countries where corporate diversity and inclusion (D&I) practices are commonplace.
If we look past the US and Europe, we can achieve a greater insight into the role women, minority ethnic people and members of the LGBT+ communities can play in the global legal system.
WIPR spoke to lawyers from three different countries to find about their experiences as working IP attorneys, country-specific issues, and what needs to be done to ensure a more equal and accepting work environment.
INDIA: huge challenges remain
INDIA HAS A FRAUGHT HISTORY when it comes to discrimination against women. In 2012, an infamous gang rape and murder case in Delhi involved the fatal assault of 23-year-old Jyoti Singh on a bus. The horrific incident prompted national and international outrage and calls for the government and police to do more to combat violence against women.
Women are conspicuously absent from much of India’s workforce. According to the 2020 United Nations Global Compact India study, female labour-force participation in India has declined from 34% in 2006 to less than 25% in 2020. This is mainly due to economic and cultural factors, including the gender pay gap and the expectation that married women should not work and that they should prioritise looking after the home.
Female labour-force participation in India in 2020 (declined from 34% in 2006)
Source: 2020 United Nations Global Compact India study
Turning attention to India’s legal sector, there is a dearth of widespread D&I initiatives and diverse representation in law. In his submission to the Supreme Court in December 2020, India’s attorney general Kottayan Katankot Venugopal highlighted a massive gap in gender representation in India’s judiciary. Across the 26 high courts in India, there were only 82 woman judges out of the total 1,079 judges, he noted.
”Men are less likely than women to see value in diversity initiatives and more likely to believe that too many measures supporting women are unfair to men.”
Tanya Varma, Fidus Law Chambers
However, the situation is slowly changing. One of the firms that stands out is Fidus Law Chambers, a predominantly female firm where three of the four most senior lawyers are women. Tanya Varma, partner at the firm, says: “In India, women and minorities are under-represented at every level in law from entry stage right up to the most senior ranks.”
She adds that barriers to progression include men feeling threatened by female bosses, which can deter women from aspiring to or succeeding in leadership roles. The other problem, she notes, is that “men are less likely than women to see value in diversity initiatives and more likely to believe that too many measures supporting women are unfair to men”.
The pandemic has also brought huge struggles for women in India: “The COVID-19 pandemic poses a larger challenge, during which women have borne a greater burden at home when it comes to caregiving, looking after children and other home duties,” reflects Varma.
But, she explains, the culture at many Indian firms has changed and there is a marked push to get more women to join the profession and succeed.
“There is certainly a shift when it comes to understanding D&I issues, compared to when I was a young professional. Firms and corporations have become more conscious and have taken on the challenge of implementing strict D&I policies,” she says.
Huge challenges remain. “Sexual harassment against women is a serious issue and biases against racial minorities are prevalent in India,” Varma says.
“Corporations and law firms do not provide facilities for those with disabilities in workplaces, such as separate restrooms and ramps. People of diverse sexual orientation are often scared to ‘come out’ for fear of ridicule and humiliation.”
Only meaningful initiatives, she believes, will ensure future progress. “Law firms and corporations need to continue to devote time, capital, and attention to ensuring that they run D&I not as a separate initiative, but one that is integrated into every decision that their leaders make,” she says.
RUSSIA: a cultural revolution
THE INFLUENCE OF THE RUSSIAN ORTHODOX church, which has decried feminism as a “mortal sin”, has in the past presented barriers to the progress of women, minorities and other groups in the country. However, the situation for women transformed after the fall of the Soviet Union in 1991. The policy of glasnost, popularised in the 1980s by the last Soviet leader Mikhail Gorbachev, permitted greater freedom of speech and encouraged women’s participation in politics, academia, and artistic and business ventures. Now, women are a strong presence in the business world, including IP.
According to a 2014 study by the Institute for the Rule of Law at the European University in St. Petersburg, nearly 65% of Russian judges are women.
In the case of Vakhnina and Partners, it has been a female-focused firm since its inception and now 90% of staff are women.
One of the firm’s founders, Elena Utkina, is aware that she has become an important role model. “For many years, it was thought that patent specialists should be men, typically an engineer with a ‘proper’ education,” she explains.
”For many years, it was thought that patent specialists should be men, typically an engineer with a ‘proper’ education.”
Elena Utkina, Vakhnina and Partners
“I have shown my colleagues, students, and other young professionals that a woman can be not only a professional in the field of inventions, but also a leader. For many years, I headed the chemistry department at Rospatent (the Russian IP office), and I was deputy director of the Federal Institute of Industrial Property.
“Over the years, I have tried to offer women colleagues every possible support, and the experience I gained earlier in Rospatent helps me,” she says.
Despite this advance in women’s rights, LGBT+ people in Russia still confront major legal and social challenges. At present, there are currently no laws against discrimination based on sexual orientation in Russia, and the LGBT+ community does not enjoy any explicit protections in the workplace.
Percentage of Russians who oppose same-sex marriage
Source: poll carried out by the Russian Public Opinion Foundation, 2019
The Russian federal law “for the purpose of protecting children from information advocating for a denial of traditional family values”, also known as the “gay propaganda law” was unanimously approved by the State Duma in June 2013.
According to a 2019 poll carried out by the Russian Public Opinion Foundation, 7% of Russians agreed that same-sex marriages should be allowed in Russia, while 87% opposed the idea.
CHINA: discrimination persists
CHINA IS HOME TO THE WORLD'S LARGEST LGBT+ population, but widespread discrimination against the community prevails, according to a 2019 report published in medical journal The Lancet.
The study, “Discrimination against LGBT populations in China”, outlines how the community was an invisible and hidden presence in Chinese society until a decade ago. China repealed laws against the community in 1997 but, despite this progress, many recruiters remain unwilling to hire openly LGBT+ people.
Part of the problem is that Chinese culture esteems filial responsibility for raising children and continuing the family line; and failing to do so is considered a social transgression.
In 2000, the Chinese Classification of Mental Disorders 3 (CCMD-3) removed homosexuality and bisexuality from its categories. However, the report in The Lancet confirmed that a considerable number of mental health professionals in China still consider homosexuality a disorder that should be treated by sexual orientation conversion efforts.
Linda Chang, principal and general manager of Rouse’s China business, has been overseeing the firm’s operations in the country for over a decade, and she believes that significant challenges for LGBT+ people remain in China.
”I doubt an LGBT+ person would be hired if they claim their sexual identity during an interview, in many cases.”
Linda Chang, Rouse
She says there’s still a widespread view that inhibits the hiring of LGBT+ people, which explains why so few openly acknowledge their sexual identity.
“This is a more general issue across the whole society in China, including the legal IP sector. I doubt an LGBT+ person would be hired if they revealed their sexual identity during an interview, in many cases,” she says.
There is better news on the gender equality front, as Chang highlights the number of women in leadership roles throughout IP practices.
“My experience, and what’s witnessed within our firm, is that we see more women in senior roles in the industry. For example, our litigation leadership team in China has a 3:2 women: men ratio and in trademark services we see even more women.
“Patent-based services have typically attracted more men, but we haven’t seen ratios that suggest an imbalance.”
Image: Shutterstock / asharkyu