Welcome to the latest instalment of Managing IP’s ‘Five minutes with’ series, where we learn more about intellectual property practitioners on a personal and professional level. This time, we meet Shem Otanga, partner at CDH in Nairobi.
Someone asks you at a party what you do for a living. What do you say?
I would say that I work with some of the biggest brand owners in Africa and (in some cases) the world, and advise and support their efforts to protect and commercialise their brands.
Talk us through a typical working day.
I usually start most days with a walk at an arboretum near my house, then head back home to get ready for work. I typically get to the office around 9am and might have a team meeting or just get straight into business, depending on what day of the week it is.
I try to do my hardest tasks during the morning hours and then leave my afternoon or evenings for administrative or business development-related work. My day usually ends around 8pm when I leave the office and head to the gym for an hour or so, and then finally back home to rest.
What are you working on at the moment?
I'm working on several multi-jurisdictional trademark and patent filings as well as some opposition and infringement matters. I also have some transactional IP work going on in relation to licensing and brand ambassador agreements within the trademark and copyright spaces. I also do some advisory work in the data protection and technology space, so that gives me some variety.
Does one big piece of work usually take priority, or are you juggling multiple things?
I typically have a lot of matters going on at the same time, but I have a wonderful team that supports me, and so I delegate quite a lot.
Every once in a while, a large or urgent matter pops up that forces me to prioritise. In those cases, we find that we have to work longer than usual to create time to attend to the tasks that we would have otherwise handled during normal working hours.
What is the most exciting aspect of your role, and what is the most stressful?
I enjoy finding solutions for clients. My mind is naturally geared towards problem-solving, so I guess that makes sense. I get a deep sense of satisfaction when clients reach out to express relief or appreciation for getting them out of a situation that they previously couldn’t see a way out of.
I try not to get too stressed about my work, but sometimes delays or inefficiencies that are beyond one's control, especially in IP registry procedures in various countries, can be somewhat frustrating. I have learnt to navigate such challenges over time and still deliver on agreed timelines or manage client expectations where necessary through clear and regular communication.
Tell us the key characteristics that make a successful IP lawyer/practitioner.
Curiosity and passion for this field of law are two qualities that can serve the IP lawyer quite well. Curiosity will give you a learner's mindset and push you to stay up to date with new developments and approaches on how to make your practice even more useful to your clients. Passion, I find, is the fuel for distinguishing oneself in the market, especially because it fuels excellence in service delivery.
Clients want a lawyer who is genuinely fiercely interested in their matters and who thinks broadly and comes up with various ways to add value to them. Passion for what you do makes this easier, and clients can feel it.
What is the most common misconception about IP?
That it is not a priority in the commercial context.
In the past, I've seen large corporate deals almost fall apart because the parties handling the deal were not thorough with the IP sections of their due diligence. It may be a small part in the wider context of such matters, but a lot of value is housed in IP assets, and a casual approach towards it can have some far-reaching consequences for one's business or commercial transactions. Taking proper advice to secure, maintain, and enforce ownership rights over IP assets is always a sign of commercial savviness.
What or who inspires you?
My faith in God and my very talented and hardworking partners here in the Nairobi office of CDH. F
aith in God keeps me going when I face seemingly insurmountable challenges. I feel like I simply cannot lose if God is my true north.
I am deeply inspired by my partners' fierce devotion to the vision of building a leading pan-African law firm and the success we have achieved together over the past 4 years since the merger between what was then known as Kieti Advocates (our firm's former name) and the larger Cliffe Dekker Hofmeyr firm (which is based in South Africa). I am convinced that the future only holds good things for us.
If you weren’t in IP, what would you be doing?
I can't imagine myself doing anything else for a living outside the practice of law. If I weren’t an IP specialist, I'd probably be a corporate litigation lawyer or perhaps an in-house counsel. In a utopian world, I'd probably be a professional recording and performing artist. I love writing and listening to music.
Any advice you would give your younger self?
Do not worry and do not make decisions out of fear. Have faith, trust in God. He always makes a way, so no need to fret. Also, believe in yourself and your abilities. You're capable of much more than you think you are.
What is your motto in life?
Fear is the enemy of destiny. Embrace the version of yourself that does not entertain fear as a companion!
