Susan D Villanueva

You are celebrated as an accomplished IP litigator. What has been the key to your success, and what are your top tips for a winning strategy before the courts?

Success in litigation begins with understanding the objectives of the client. Litigation is never any client’s end goal; it is merely a tool to achieve key objectives. Then, an effective litigator must craft the best strategy to achieve these. The greatest strategy can only be developed if the litigator understands the facts of the case, the issues and the applicable laws and rules. Litigators must be relentless in their preparation and handling of cases. It takes an impassioned commitment to make things happen. Litigators must be problem solvers. There will be challenges and roadblocks in every case – the key is finding a solution that enables you to overcome them. Never get distracted by problems. Instead, adapt to developments and never lose sight of the main objectives.

As a lecturer on IP law at the University of the Philippines College of Law, what three pieces of advice would you give to aspiring trademark practitioners?

My advice would be to:

• master the substantive and procedural aspects of trademarks through individual study;
• acquire the necessary experience in trademark practice – from prosecution to litigation to commercialisation – by interning or working with a firm that has a multi-disciplinary IP practice; and
• be an active member of IP organisations that will allow you to keep abreast of the latest developments, and attend international conferences to network and meet fellow IP professionals.

In your view, what could the industry be doing to improve hiring processes to increase DEI in the workplace?

Firms must first realise the importance of DEI and accept that it makes organisations stronger. DEI must be part of a commitment to meritocracy, which is a value that can only make firms and businesses stronger. Hiring processes must reward merit without considering an applicant’s background, religion or gender.

Most of the lawyers at our firm are women. A conscious DEI policy should be adopted and implemented by the hiring committee. Without this, firms will not be able to achieve DEI objectives. One of the policies that we have adopted at our firm is an anti-nepotism rule that prohibits the hiring of any child of a partner. This is essential to our meritocratic hiring policy and that DEI will be ensured.

What are the biggest challenges facing your clients right now, and how are you helping them to overcome these?

The biggest challenge for my clients is the lack of predictability when it comes to litigation outcomes. This uncertainty adversely affects business. My role is to empower my clients to understand the legal terrain, create an appropriate strategy to achieve their objectives and provide effective solutions to any developments. This allows clients to not only have a sense of control over the litigation but also the ability to adapt to any challenges.

What aspects of your work do you enjoy most, and why?

I most enjoy the process of crafting strategies for litigation. It requires close study and deliberate decision making. It fully engages my mind. Each case is new and challenging, and I am constantly learning. I view every case as an opportunity for me to learn and grow, both as a person and as a professional.