By Mala Joshi and Kamleh Nicola
"Where are the women?" This observation was articulated by Judith Snider (now retired from the Federal Court) during her luncheon keynote address at the 2015 IP Day in Ottawa.
The annual IP Day comprises a full day of programming developed and hosted by the CBA Intellectual Property Section. The day commences with an engaged dialogue with various judges and prothonotaries of the Federal Courts, followed by a formal luncheon with keynote speaker and an afternoon of professional development (this year being a series of debates on various substantive IP topics). It culminates with the much-anticipated black tie dinner at which selected retired members of the IP bench and bar are honoured for their contributions to IP law in Canada.
This cri de coeur from Snider in 2015, coupled with inspiration taken from the ABA Intellectual Property Law Section's annual meeting, motivated the National IP Section executive to take action at this year’s IP Day in May, in the form of the inaugural Diversity Networking Breakfast. Section members and Federal Court judges participated in a series of discussions relating to the topics of diversity and inclusion within the IP practice.
Creating an environment for broad discussions about diversity resonated with Mala Joshi, National Intellectual Property Law Section Chair and Principal of Joshi IP Law Professional Corporation. As the first South Asian Chair of the Section, as well as a woman and mother of two small children, Joshi felt "a sense of responsibility in my role to raise awareness of diversity issues. Given that Intellectual Property tends to attract lawyers with backgrounds in historically male-dominated STEM (science, technology, engineering and math) fields, we decided that it was important to respond to Justice Snider's question, but to do so in a way that would foster a dialogue which placed an emphasis on inclusion. Everyone has a story and we should all aim recognize and celebrate those differences in order to better relate to each other."
Five speakers were invited to address the audience at the Diversity Networking Breakfast, each of whom were asked to tell their personal stories and provide insight into a specific diversity-related topic. There was no shortage of insightful observations, punctuated with humour and candid thoughts. Kamleh Nicola, Partner with Baker & MacKenzie LLP and Vice-Chair of the CBA National Intellectual Property Section shared her observations on how the IP landscape has changed over the past 25 years and whether diversity is still a necessary topic of conversation in 2016. Nicola observed that while much has changed within the legal industry as a whole, including the specific practice of IP law, one of the more positive elements of change is the willingness of the profession to reflect on issues of diversity. "The recognition that diversity of the profession is not simply good for business, but makes sense on all levels, gives me great optimism for the future. Diversity is no longer seen as merely a woman's issue, a racialized issue or an LGBTQ issue. It is an issue that affects us all."
Laleh Moshiri, National Director of Diversity and Inclusion at Borden Ladner Gervais LLP provided her insight as to what steps firms should take to respond to the call for diversity. Noticing that there are fewer women as she ascends through the legal hierarchy, Sana Halwani, Partner with Gilberts LLP, talked about the recent revival of the IPIC Women in IP Network Group.
"Work hard and don't be afraid to seize opportunities when they are presented to you," was the advice from Nisha Anand, an associate at Norton Rose Fulbright, to young lawyers from equity-seeking groups wanting tips on how to advance their careers. Finally, Paul Lomic, Principal of Lomic Law, observed that people can only truly flourish once they feel accepted and safe.
The breakfast conversation continued after the presentations. Participating lawyers and judges from the Federal Court were interested in continuing the dialogue. "Change is happening" observed Joshi, "I can see it most clearly in my children. Whereas I used to minimize my Indian background growing up in the 1980's, my kids are very comfortable with their heritage and their language. The acceptance that the next generation has of its own differences and those of others makes me feel very optimistic about the future."
Your message was heard loud and clear, Judith Snider − the women are here. Other diverse groups are here. And they are not going anywhere!
Mala Joshi is Chair and Kamleh Nicola is Vice-Chair of the Intellectual Property Section.
Save the date! IP Day 2017 will be held on May 4