Updates and Frustrations

Internship happenings

Visit to the Delhi High Court: We went with one of the attorneys at Koura who was able to explain to us the procedures, the background on some of the arguments, and the prestigious distinction of Special Advocates. We had the chance to listen to one of these Special Advocates argue his case before the judge. Although he did not prevail, it was a very interesting case concerning the production of license plates throughout the country. It was hard to catch all of the issues, but I was impressed with his argument and could easily see why he had been given such a distinguished title.

This week we received a second assignment in addition to the continuing university regulations project. We’ve been asked to research the potential causes of action for a copyright infringement case in which the interior architectural designs in modern homes have been misleadingly advertised as the work of another architect. Our research generally falls under India’s Design Act, Copyright Act, and the Indian Penal Code. The facts of the case are rather unique and have led us to start researching “reverse passing off” as possible cause of action, one that is rather new to Indian law. It's described as an instance in which someone represents the product of the true author as his own work. It has only been cited in a couple of cases in the court of Mumbai, each of which almost entirely relied on a handful of British cases. Also interesting, the Copyright Act does not require to the author to register their product in order to be protected from infringement. The Indian Penal Code may also permit criminal charges under its section on Cheating. Prior to this assignment, I had hardly any interest in intellectual property. But researching the options for this client and discovering that a new cause of action may be developing in India has broadened my appreciation for IP law and recognize the significance of an infringement on those property rights.

Although I haven’t made the switch to NovusPro yet, I’m beginning to get a better idea of the whole spectrum of experience I will have gained by the end of this internship – namely, exposure to both Indian law as well as American law. In the upcoming week, I’m looking forward to wrapping up our projects at Koura & Co with the objective of providing Angeli with a product that needs minimal revisions. While preparing for the switch to Novus Pro, I want to leave Koura having provided Angeli with the results she was looking for from us. Moreover, I want to leave knowing that I have established a relationship with the members of the firm that will last through the rest of law school and after.

Personal analysis of culture shock and entering the stage of frustration

At the outset of most of my travel experiences, everything is fantastically new and exciting. All the differences observed, even the most insignificant and minute, are placed under a magnifying glass, and the conclusions reached are usually fascinating but oversimplified. That lasts about a week before some of the sharpest differences become irritating. What was remarkable the week before becomes a constant hurdle. Frustration mounts and suddenly, I find myself longing for a break from what feels like complete madness. I tried to fight it for a few days, but I’ve now accepted that I’ve entered the frustrated stage of culture shock.

To be completely honest, I half expected to be immune to the effects of culture shock. To an extent I believed that the summation of all other travel experiences would immunize me against feelings of disorientation, discomfort, and the lack of confidence no matter where I might ever find myself in the world. I had deceived myself into thinking that the more I traveled, sought opportunities to explore, embraced differences, and challenged myself, I could eliminate culture shock as a factor worthy of consideration when living abroad. Admittedly, that expectation carries a tinge of arrogance and a false sense of invincibility with it. It seems that the ego never wants to admit that confidence and control in a certain location simply does not transfer seamlessly from destination to the next.

The sensation is all too familiar. I remember experiencing the exact same sentiments at one point when I was living in Chile. It’s never been that I dislike the country or the culture; it’s that I can’t stand feeling that loss of self-confidence experienced when the simplest daily tasks are complicated by unfamiliarity. Here in Delhi my frustrations have manifested as irritation with the fact that I never really know where I am in the city or where I’m going; the uncertainty I feel in my communication with taxi or rickshaw drivers; the sense that because I stand out, I’m an easy target for a scam; the worry that I could blindly walk into a risky situation and never see it coming; and the sensation I haven’t learned who I can and cannot trust. (Of course, communication and interactions with those at Koura, Novus Pro, and the guesthouse are entirely exempt from this)

I’m coming to terms once again with the notion that confidence is not something you carry with you like a passport. It’s not something kept in your pocket, you can’t pack it in your luggage, when it begins to waver it’s hard to fake it, and, though I still believe that accepting and facing these challenges teach a traveler how to excel in each new foreign encounter, it remains a frustrating lesson until the feeling passes. In my case, it hasn’t yet and that is driving me nuts.

After about a week and a half of diving in head first into India – embracing the food, the crowds, the noises, the smells, and enjoying every precious conversation with those I work with at Koura – I started to recognize that I needed take a step back or risk India exposure overload. I tried to fight it, but eventually I completely cracked and bought McDonald’s for dinner and went to DLF Mall to watch X-Men. After allowing myself to feel like an American for a moment, I’ve gradually started refocusing on embracing India. Fortunately, I’ve learned how to find the resolution to getting over this sort of frustration – knowing and respecting one’s limits while tackling at least one small but important challenge each day…but remembering to also remain patient throughout. This is the goal I have set for myself this week. I know very well that once the frustrated stage passes, the excitement and appreciation will return more brilliantly than before.

A few favorites of India so far

I’ve said a lot about what has been frustrating me lately, but there is so much I’m loving about India and Delhi. To name a few:

• In general, Indians so generous and always willing to help. The staff at Novus Pro have offered to help with absolutely anything we may need, even before we had officially met any of them. The lawyers at Koura have been so generous to let us work for them and have given countless points of advice regarding travels, foods, and sightseeing in Delhi. I’ve also observed Indian generosity extends to complete strangers. So often, we’ve obviously looked a little confused or lost through the course of our explorations in Delhi. Strangers will come up to point us in the right direction or help communicate with a rickshaw driver.
• Friendliness. Already we have made friends with other Indian interns or younger lawyers at our respective firms. They’ve invited us to join them for dinner, meet their friends, go to a movie, etc. Our conversations have covered everything from travel within India, to economics, to politics, and religion. Interestingly, they’re nearly all of these topics are often considered taboo for our culture. But here, the conversation has unfolded into some of the most enjoyable and enlightening discussions I’ve had in a long while. Our friends have made all of us feel so welcome and their company has been exceptional.
• Sightseeing. Between Delhi and now Agra, exploring has been jumbled with moments of awe, frustration, and bewilderment, but also profoundly influenced my appreciation for Delhi and India’s history and modern culture. I’ve learned a tremendous amount about in a very short period. In some ways, the biggest learning experience is gained through the process of getting there. The rewards form these excursions are tremendous both for the sake of learning about India as well as for understanding how to adapt to the country.