India (asialaw)

A full-service intellectual property law firm, Anand and Anand provides all-round IP solutions, its forte being - developing new law and precision-navigation of grey areas. The firm provides a comprehensive IP service encompassing protection, enforcement, advisory, licensing and litigation for patents, designs, trademarks, copyrights, trade secrets, domain names, geographical indications and more. Credited with lawsuits that have transformed the IP landscape in India, the firm’s litigation arm has decades of unmatched experience in dispute resolution. It has maintained a patent grant rate of over 93%. Its trademark team recorded 1800-plus successful trademark oppositions recently.

The firm has touched several highpoints in both prosecution and enforcement of IP. Some recent landmarks include - Vifor International v MSN Labs & Ors – India’s first judgement on Product-by-Process Patent; Nokia v Oppo – India’s first protem security order; InterDigital v Xiaomi – India’s first Anti-Anti suit injunction; Successfully enforced personality and publicity rights of Bollywood actors Anil Kapoor and Jackie Shroff against any misuse including by misuse of generative AI and dark pattern; Engendered a landmark judgement on product-by-process patent (Vifor v MSN Labs). Clarification that the concept of plurality of inventions can be assessed based on the entire patent specification, not just the claim (Syngenta Vs Controller of Patents).

Ban against Super Cassettes Industries Ltd (T-Series) from using the titles “Tu Hi Aashiqui”, “Tu Hi Aashiqui Hai” or any other name which uses the mark “Aashiqui” for their films (Vishesh Films Pvt Ltd Vs Super Cassettes Ltd). Put an end to a 35-year-old trademark dispute over the mark ‘Toshiba’ after the court ruled that the Japanese entity Kabushikigaisha Tōshiba, is the real owner of the mark over an Indian entity called ‘Tosiba (Kabushiki Kaisha Toshiba vs Tosiba Appliances Co). Reversed the Indian Patent Office’s decision rejecting a claim by Blackberry for its innovation which concerns a method for auto-selecting media files based on user preferences (Blackberry Limited v. Controller of Patents and Designs).

In a first of its kind collaboration between two US tech giants, Anand and Ananda advised and assisted Amazon Inc. and Microsoft Inc. on global tech fraud issues faced by them leading to Operation Chakra. We also have to our credit over 3,000 successful trademark Oppositions and have filed 6000 Patents in last two years with as many being granted/ registered.
To stay on top of disruptions, Anand and Anand has launched a Digital Group that focusses on AI, Data Protection, Gaming, Drones, Blockchain/NFT and related issues emanating out of exponential technological changes across industries. Our digital group recently highlighted the use of ‘dark patterns and AI’ in a matter concerning violation of personality and privacy rights of Bollywood actor Anil Kapoor.

Committed to spreading the message of IP, the firm continues to take unique initiatives such as the ‘N K Anand Indian Science Competition’ to promote understanding and love for STEM and related fields in the youth.
The firm also brought to life the hologram of India’s first Nobel laureate Sir C V Raman.

Given the firm’s commitment to IP, Anand and Anand continues to top leading benchmarking tables.A full-service intellectual property law firm, Anand and Anand provides all-round IP solutions, its forte being - developing new law and precision-navigation of grey areas. The firm provides a comprehensive IP service encompassing protection, enforcement, advisory, licensing and litigation for patents, designs, trademarks, copyrights, trade secrets, domain names, geographical indications and more. Credited with lawsuits that have transformed the IP landscape in India, the firm’s litigation arm has decades of unmatched experience in dispute resolution. It has maintained a patent grant rate of over 93%. Its trademark team recorded 1800-plus successful trademark oppositions recently.

The firm has touched several highpoints in both prosecution and enforcement of IP. Some recent landmarks include - Vifor International v MSN Labs & Ors – India’s first judgement on Product-by-Process Patent; Nokia v Oppo – India’s first protem security order; InterDigital v Xiaomi – India’s first Anti-Anti suit injunction; Successfully enforced personality and publicity rights of Bollywood actors Anil Kapoor and Jackie Shroff against any misuse including by misuse of generative AI and dark pattern; Engendered a landmark judgement on product-by-process patent (Vifor v MSN Labs). Clarification that the concept of plurality of inventions can be assessed based on the entire patent specification, not just the claim (Syngenta Vs Controller of Patents).

Ban against Super Cassettes Industries Ltd (T-Series) from using the titles “Tu Hi Aashiqui”, “Tu Hi Aashiqui Hai” or any other name which uses the mark “Aashiqui” for their films (Vishesh Films Pvt Ltd Vs Super Cassettes Ltd). Put an end to a 35-year-old trademark dispute over the mark ‘Toshiba’ after the court ruled that the Japanese entity Kabushikigaisha Tōshiba, is the real owner of the mark over an Indian entity called ‘Tosiba (Kabushiki Kaisha Toshiba vs Tosiba Appliances Co). Reversed the Indian Patent Office’s decision rejecting a claim by Blackberry for its innovation which concerns a method for auto-selecting media files based on user preferences (Blackberry Limited v. Controller of Patents and Designs).

In a first of its kind collaboration between two US tech giants, Anand and Ananda advised and assisted Amazon Inc. and Microsoft Inc. on global tech fraud issues faced by them leading to Operation Chakra. We also have to our credit over 3,000 successful trademark Oppositions and have filed 6000 Patents in last two years with as many being granted/ registered.

To stay on top of disruptions, Anand and Anand has launched a Digital Group that focusses on AI, Data Protection, Gaming, Drones, Blockchain/NFT and related issues emanating out of exponential technological changes across industries. Our digital group recently highlighted the use of ‘dark patterns and AI’ in a matter concerning violation of personality and privacy rights of Bollywood actor Anil Kapoor.

Committed to spreading the message of IP, the firm continues to take unique initiatives such as the ‘N K Anand Indian Science Competition’ to promote understanding and love for STEM and related fields in the youth.

The firm also brought to life the hologram of India’s first Nobel laureate Sir C V Raman.

Given the firm’s commitment to IP, Anand and Anand continues to top leading benchmarking tables.

• IP
• Patent
• Trademarks
• Copyright
• Litigation
• Data protection
• Healthcare & pharmaceuticals
• Licensing & franchising
• Technology, media, and telecommunications
• Customs
• White-collar crime

• Pharmaceuticals and life sciences
• Media and entertainment
• Materials
• Consumer goods and services
• Industrials and manufacturing
• Technology and telecommunications
• Oil and gas

Pravin Anand
Managing Partner & Head of Litigation

Awarded the AIPPI Award of Merit, INTA’s President’s Award, recognised as the “Most Innovative Lawyer” by Financial Times and the first Indian to be inducted in the IAM IP Hall of Fame, Pravin Anand has an experience of appearing in over 3000 cases and successfully resolving many hundreds in over 45 years of his practice as an IP lawyer.

Mr Anand has strengthened India’s IP jurisprudence with practice encompassing all facets of IP. To his credit are patent lawsuits that have transformed the pharmaceutical and bio-technology enforcement regime in India including Merck Vs. Glenmark; Roche Vs. Cipla; the Monsanto case; and a large number of other suits on behalf of Pfizer, BMS, AstraZeneca, etc.

He has broken new grounds in Indian IP jurisprudence with India’s first Anti-anti-suit injunction (InterDigital v Xiaomi); landmark judgement on Product-by-process patent (Vifor v MSN Labs); India's first pro-tem security order in favour of Nokia; Nokia-Lenovo multi-technology multi-year agreement; Software Patent law suit conferring protection (Ferid Allani case); development of damages culture in large number of cases that recognized not only punitive, but compensatory, exemplary and aggravated damages (Philips Vs. AmazeStore); India’s first post-trial SEP judgment (Philips Vs. Bhagirathi); development of unique remedies such as the “Tree Planting Order” (Merck case); and order benefiting adolescent girls (Hermes case).

Recognised as India’s IP trailblazer and a “living legend” by leading publications, Mr Anand’s distinguished career includes India’s first Anton Piller order (HMV Gramophone Case); India’s first Mareva injunction order (Philips Case); India’s first Norwich Pharmacal order (Hollywood Cigarettes Case); Pioneer Overseas Corporation Case paving the way for DNA testing for disputed IPR in plant variety; India’s first order under the Hague Convention for collecting overseas evidence in India (AstraZeneca Case), and the Glenfiddich case against McDowell protecting trade dress in India,

With his significant understanding of trademarks, he has secured declarations of well-known status for several trademarks like 3D shape of ZIPPO, Red-sole of Christian Louboutin India's first image mark (Hotel Taj) etc.

The long list of landmarks he has engendered would be incomplete without the mention of Najma Heptulla v Orient Longman case that brought up interesting questions of joint authorship under the Copyright Law; the Amarnath Sehgal Case involving the Vigyan Bhawan Mural, which had been distorted by the Indian government and ended in the sculptor being protected through his moral rights of integrity, and the Bandit Queen Case, the first of its kind where a woman bandit called Phoolan Devi received protection for her Right of Privacy by the deletion of certain objectionable portions in the film Bandit Queen.

In addition to his regular practice, Mr Anand writes for ‘Halsbury’s Laws of India on Intellectual Property’; Famous and Well-known Marks, An International Analysis (Legislative history and analyses of national laws) published by International Trademark Association; besides a large number of Chapters in International IP Publications like GTDT, AsiaIP, MIP etc. Outside court, he engages with the larger community to spread the message of IP through N K Anand Indian Science Competition The Raj Anand Moot Court Competition since 1997; ‘Anaryst’ - an IP Board Game; ‘Brainchild - First IP-themed play; ‘Adventures of Mr. IP’ - an IP Comic; and ‘IPONOMICS’ - a Coffee Table Book. He is also a profound orator and regularly speaks at various prestigious forums delving into some of the most burning issues concerning the IP owners and the jurisprudence.

CAREER/ WORK HIGHLIGHTS

• Of the numerous landmarks under his belt, some notable ones are:
• Vifor International v MSN Labs & Ors – India’s first judgement on Product-by-Process Patent
• InterDigital v Oppo - Landmark judgement on royalty payment during pendency of litigation
• InterDigital v Xiaomi - India’s first Anti-Anti suit injunction
• Nokia v. Oppo - Decision recognizing flexibility in injuncting more devices than contemplated in the plaint.
• Nokia Technologies Oy v. Guangdong Oppo Mobile Telecommunication Corp - Ongoing matter with Pravin and team sharing a ‘Global Arbitration Proposal’ for breakthrough in cross-jurisdiction SEP disputes.
• Interdigital v Oppo - Ongoing matter recognising need for implementor to furnish financial security to safeguard the interest of the SEP holder during the pendency of the suit.
• Anil Kapoor v Simply Life- Protected personality rights of Bollywood actor Anil Kapoor against any misuse including by use of generative AI and dark patterns.
• Amitabh Bachchan v Rajat Negi – Protected the personality rights of Legendary actor Amitabh Bachchan
• Multi-year, multi-technology patent cross-licence agreement between Nokia and Lenovo, and settlement of all pending patent litigation worldwide
• Novartis AG vs Controller of Patents & Designs - An appeal challenging the order of the Controller of Patents vide which the divisional application of the Novartis AG was rejected has been allowed by the Delhi High Court (DHC) and the order of the Controller set aside.
• Ferid Allani case - paves way for software patenting in India
• Philips v. Bhagirathi - India’s first Standard Essential Patent case recognizing principles like FRAND and granting damages to the Plaintiff for the DVD patent.
• Philips vs Amazestore - Landmark judgment on aggravated damages for IP infringers. This judgement developed the law on damages by recognizing not only compensatory and punitive damages but aggravated damages, reconciling English and Indian law.
• Merck Tree Order - patent infringer ordered to plant 1,40,000 trees in pollution-stricken Delhi
• Pioneer Overseas Corporation case - paves way for DNA testing for disputed IPR in plant variety
• Merck vs. Glenmark - First patent lawsuit to be decided in Plaintiff’s favour post-trial under Patents Act.
• HMV Gramophone case - India’s First Anton Piller order
• Philips case- India’s first Mareva Injunction order
• Hollywood Cigarettes case - India’s first Norwich Pharmacal order
• AstraZeneca case - India’s first order under Hague convention for collection of overseas evidence in India
• Glenfiddich Case against McDowell protecting trade dress in India
• Pharmaceutical patent cases like AstraZeneca, BMS, Eisai Co. Ltd. - answered complicated questions on Genus and Species patents.

PROFESSIONAL INVOLVEMENT

• Chairman of Confederation of Indian Industry’s (CII) Sub-Committee on Intellectual Property Rights
• Chair of National Council on Intellectual Property Rights at Associated Chambers of Commerce and Industry of India
• Technical Committee Member, Legal Services Sectional Committee Bureau of Indian Standards
• Honorary Member to the Managing Committee PHD Chamber of Commerce and Industry.
• INTA Board of Directors (2006-2008)
• Past President - AIPPI Indian Group
• Past President - APAA Indian Group (1994-2003)
• Past President - FICPI Indian Group
• Chairman, Sub-committee on Intellectual Property Rights - Confederation of Indian Industry (CII) (Beginning May 2021)
• Chairperson, National Council on IPR - The Associated Chambers of Commerce and Industry of India (ASSOCHAM) (March 2022 to March 2023)
• Technical Committee Member, Legal Services Sectional Committee SSD-17 - Bureau of Indian Standards (BIS)
• Honorary Member to the Managing Committee - PHD Chamber of Commerce and Industry (PDHCCI) (October 2021 - September 2022)
• Member, INTA Enforcement Committee (2022 - 2024)
• Member - AIPPI Standing Committee (January 2022 to December 2024)
• Former President of Indian Groups of AIPPI, APAA and FICPI
• Ex-member of INTA Board of Directors.

AWARDS & RECOGNITIONS

• First Indian Legal Practitioner to receive the ‘AIPPI Award of Merit’ -2012
• INTA President’s Award 2021
• Inducted in IAM IP Hall of Fame 2022
• Inducted in WIPF Hall of Fame 2023
• Inducted in Legal 500 Hall of Fame – 2020-2022
• AsiaIP Expert (2014-2023)
• IBLJ A-List Lawyer (2016-2024)
• Benchmark Litigation – Litigation Star Asia Pacific 2021 – 2023
• Chambers and Partners – Top Ranked in IP and Life Sciences (2017-2024)
• Most Innovative Lawyer – Asia Pacific (FT Innovative Lawyers Awards 2015)
• National Law Day Award – 2010 by Indian Council of Jurists
• Legal Era – Lifetime Achievement Award for Law Firm Partner (2013)
• GIPC 2019 – presented with Award of Excellence for invaluable contribution in the field of Innovation and IP
• Highly Recommended Leading Lawyer” in Intellectual Property – Chambers and Partners 2017 – 2020
• Recognized as WTR Global Leaders 2019 & 2020
• Ranked Key Figure in Patent Litigation & Prosecution Practice by Leaders League 2020
• Managing Intellectual Property – IP Stars-Patents; 2013-2022
• Awarded Leading IP lawyer of the Decade at the 9th Annual Indian Legal Era Awards 2020
• Asia Business Law Journal A List Lawyer
• IAM Strategy 300 – World’s leading IP strategists 2017-2024
• IAM Patents1000 Gold band recommended Lawyer 2017-2024
• WTR 1000 Gold band recommended Lawyer; Enforcement and Litigation 2017-2024

EDUCATION

• LLB
  Delhi University
  
• BSc (Chemistry)
  St Stephens College, Delhi University

Noida
First Channel Building Plot No. 17A, Sector 16A
Film City, Noida, Uttar Pradesh 201301, India
T: +91-120-4059300
F: +91-120-4243056

Mumbai
57 - 58, Rajgir Chambers, SBS Road Fort
Mumbai, Maharashtra 400023, India
T: +91-22-22631488-89
F: +91-22-22631487

Chennai
Flat No. GA & GB, AR Villa, New No. 31, 3rd Main Road
Gandhi Nagar, Adyar, Chennai Tamil Nadu 600020, India
T: +91-44-43504228
F: +91-44-43504232