Safir Anand
Senior Partner and Head of Department (Trademarks, Contractual and Commercial IP)
SUMMARY
Accredited as one of India’s Top IP Attorney, Safir Anand is a Senior Partner & Head of Trademarks, Commercial & Contractual IP at Anand and Anand, with over 25 years of experience in providing inputs on strategy, business models, marketing and commercial insights, blended with an astute understanding of IP law that encompasses IP protection, IP enforcement, IP agreements, licensing, franchising, monetisation and due diligence.
Safir is a profound IP advisor who has been widely recognized for providing ingenious inputs towards business model building, marketing and commercial insights blended with an astute understanding of the IP law. He has also been proffering advice to leading Indian businesses on scaling up by leveraging the power of IP. His focus to unleash the power of intangibles and nurture the untapped IP potential through specialized IP services earned him accolades and prestigious positions with esteemed national as well as global organizations. He has secured a phenomenal number of credentials from India’s leading brands in a wide array of categories for tailor making their IP strategy to business strategy, bringing innovation in their line of business.
Safir has dedicated his career to exploring the facets of monetization, fine-tuned the concept of Returns of Advertising, created industry level specialisations for the firm, worked with clients’ R&D Teams for product development and personally created product prototypes and very recently co-set up a COVID Fund for artisans in the country. He has been recognised by many prestigious forums such Financial Times London, Business World India and Forbes amongst many others for being an innovative professional.
EXPERIENCE
FASHION LAW PRACTICE
Safir’s efforts to bring about educational revolution on IP in the country in the fashion industry have also resulted in the firm being awarded the recognition of Luxury Law Firm of the Year – Independent from the Luxury Law Alliance in the year 2020. Anand And Anand has been working extensively with many leading fashion designers, and fashion houses and has been instrumental in identifying IP in Fashion as an intangible. We provided strategic advisory to leading labels on how to leverage IP to scale business.
His accomplishments are covered in country’s leading newspapers:
http://www.businessworld.in/article/Legal-Awareness-Necessary-in-Fashion-Industry-Says-Experts/28-07-2017-123106/
https://www.thequint.com/lifestyle/fashion/designs-being-plagiarised-from-works-of-famous-designers
https://www.prokerala.com/news/photos/amazon-india-fashion-week-smriti-irani-sunil-sethi-337251.html
Safir is on the Board of Fashion Designing Council of India – India’s Apex Fashion Body. The Firm has been instrumental in monetizing the fashion industry.
The Firm has won the award for the Best Licensing Firm. Safir has also enabled the firm achieve the feat of highest number of design filing. The firm has several firsts in fashion, documented in the dossiers available at http://updates.anandandanand.com/fashion-dossier-vol-2/.
The Firm holds immense reputation and actively works with Designers and statutory bodies to Counter plagiarism and protect the creators/innovators and is a part of all the mega fashion events that take place in India throughout the year; Lakme India Fashion Week, Amazon India Fashion Week and many more to be quoted.
ADVERTISEMENT LAW PRACTICE
Any promotional material needs a proactive measure in the form of pure diligence in order to avoid legal repercussions. Advertisements are subject matter of public domain once released and therefore may involve concerns of content.
Safir and his team offer wholesome advice, preventive and curative, on aspects of advertising and product liability to ensure regulatory compliance, advertising audits, strategic opinions on packaging and labelling issues, representation before advertising and metrology bodies, and prosecution of product disparagement and false advertising actions. Among our clients are media and entertainment establishments, e-commerce marketplaces, publishing firms, financial institutions, hospitality and consumer electronics companies.
The team conducts about 1000 advertisement reviews annually and dives into addressing issues ranging from intellectual property, competition law, packaging regulations, ASCI guidelines etc.
MONETIZATION & VALUATION PRACTICE
- Safir is an advisors beyond IP and is involved in providing inputs to the proposed planned IPO of clients such as Park Hotels.
- His strategic inputs to designers, such as Shantanu & Nikhil, caused them to raise capital.
- Safir and his team was recently involved in a commercial transaction for a leading Indian fashion designer. The brand’s net worth is over a billion in Indian Rupees and the brand is expanding its outreach with various tie-ups and contracts.
- The team successfully negotiated and executed a tie-up on behalf of India’s leading Bollywood fashion designer with a turn over crossing 1 billion INR with a jewellery manufacturing company specializing in designer gold and diamond jewellery.
- An American technology and camera company, with its market cap estimated at approximately USD 8 billion, to which we provided opinions on complex matters.
- One of the most sought-after high-end luxury brands, whose global revenues are approximately 6 Billion Euros, was recently advised on hosting a promotional event in India. The advice dealt with complex legal adherences and liabilities, administrative requirements, tax regulations as also other contractual obligations.
- Advised on a transaction concerning the licensing agreement between the Singapore Stock Exchange and National Stock Exchange that allows futures and options based on the Nifty 50 index to trade in Singapore.
- Empanelment with Indian Railways to handle the Trademarks Portfolio.
- Advised Finway Capital, the winner of prestigious Business World Award for “Fastest Growing Company in NBFC Space” on Intellectual property.
- In a one-of-a-kind initiative, Safir and his team contributed to the Collection Initiative by Jiten Thukral Sumir Tagra and Prayas Abhinav at the India Art Fair. The concept and artwork highlighted the agony of Real vs Unreal and the challenges faced by the law and judges and was selected as a ‘performance’ amongst more than 1000 entries.
- He was also involved in rebranding of the Festival Bazaar as Buzzaar at Jaipur Literature Festival 2020.
- Rebranding of IFMR as Northern Arc Capital.
- Worked with Hike Messenger for the grand launch of Total – an app that allows android users make payments to businesses, transfer money, read news, book train tickets, chat with their contacts on the platform and more.
- The Corporate and Commercial Transaction team works with advertisement agencies which are responsible for forming digital ads, social media campaigns, OOH creatives etc. for various entities. The advertisement agencies are global agencies having offices in India and abroad.
- Under Safir’s leadership, Anand and Anand have assisted in reviewing the advertisements for one the biggest financial services companies in the world. These reviews involve personality right permissions, adherence to the Code of Conduct of Advertising Standards Council of India, taxation, privacy law concerns etc.
- The team at Anand and Anand has also been instrumental in reviewing the print, video as also the social media campaign for the FIFA World Cup, Russia in 2018.
- The team has also advised the largest two-wheeler manufacturer in the world and in India with respect to its advertising campaigns.
- The team offers wholesome advice, preventive and curative, on aspects of advertising and product liability to ensure regulatory compliance, advertising audits, strategic opinions on packaging and labelling issues, representation before advertising and metrology bodies, and prosecution of product disparagement and false advertising actions. Among our clients are media and entertainment establishments, e-commerce marketplaces, publishing firms, financial institutions, and hospitality and consumer electronics companies.
- The team advises and represents domestic and international designers including providing education on simple steps needed to protect intellectual property and to enhance brand value and enable commercialization.
- The team was recently involved in a commercial transaction for a leading Indian fashion designer. The brand’s net worth is over a billion in Indian Rupees and the brand is expanding its outreach with various tie ups and contracts.
- The team was involved in collaboration agreements and consultancy contracts which dealt with expansion of the brand which includes cosmetics, sanitary wear, education, home décor and luxury housing.
- The Corporate and Commercial Transaction team has also carved its path into the arena of social media companies assisting them with transactions of highly sensitive and exclusive nature.
- The team was recently involved in providing complex opinions to an American technology and camera company, whose market cap is approximately USD 8 billion.
- The Corporate and Commercial Transaction team assisted this high-end entity with their promotional content in India which involves transactions involving propositions of gambling and sweepstake.
- One of the most sought-after high-end luxury brands, whose global revenues are approximately 6 Billion Euros was recently advised on hosting a promotional event in India. The advice dealt with complex legal adherences and liabilities, administrative requirements, tax regulations as also other contractual obligations.
- The team successfully negotiated and executed a tie-up on behalf of India’s leading Bollywood fashion designer with a turnover crossing 1 billion INR with a jewelry manufacturing company specializing in designer gold and diamond jewelry.
- The deal involved negotiating an arrangement that satisfies and nurtures the aesthetics of the designer and provided an opportunity to expand into different business verticals. Apart from the negotiation, the transaction also involved structuring the agreements defining the scope and participation by both the parties.
- The creation, ownership and transfer of art and antiquities conceives myriad legal concerns, including valuation, sale and transfer of property, and civil and criminal liability. Theft, counterfeiting and damage, in particular, are pervasive themes in the art world; and legal resolution is beset by conflicting claims, inconclusive documentation and application of archaic law.
- As part of its interaction with a wide range of stakeholders in the arts, antiquities and cultural heritage space, including government, embassies, galleries, museums curators, artists, art collectors and universities, the Corporate and Commercial Transaction Team advised a publishing company with respect to the estate of a famous artist on a variety of issues including royalty fee on the basis of the number of prints and reproductions, moral rights of the artist, reproduction rights, etc. The advice also dealt with risk mitigation strategies.
- Advising on brand guidelines/new product strategy for brand USTRAA and doing valuation resulting in Investment by WIPRO.
- Due diligence for famous woman’s wear Brand “W”
- Contributed a chapter in a book by the International Trademark Association (INTA) among global eminent authors from diverse industries on Business Environment Trends on brand value, brand equity, brand valuation, and brand evaluation.
- Key advisor to Jaipur Literature Festival, a platform that witnesses enormous participation of more than 400,000 people from across the world every year, and is described as the ‘greatest literary show on Earth’,
- Strategy advisor to an impressive array of several other festivals conducted by an organization that curates and develops its festivals and programs with artistes traversing different trajectories across the globe.
- Audited EEMAX Global Awards 2019 along with Ernst & Young. EEMAX Global Awards 2019 were held as a part of the EEMAGINE 2019, an annual Flagship event of a one-of-its-kind organization that brings together the country’s leading Event Management, Sports Management and Brand Activation companies, MICE and Wedding Planners, Experiential Marketers, Entertainment Professionals, Artist Management Companies and International counterparts on the same platform.
FEW LANDMARK CASES:
Safir has been instrumental in achieving many firsts for the firm, including:
- The first colour mark registration
- The first sound mark registration
- The first shape mark registration
- The first .com trademark registration
- One of the firsts to obtain registration of moving trademarks
- One of the first to file on-line applications
- Recognition of character merchandising and the ability to enforce fictional or well-known characters against unrelated goods and services
- Assignment without goodwill
- The first adjudication of a well-known mark by the Trade Marks Office.
- Recognition of character merchandising and the ability to enforce fictional or well-known characters against unrelated goods and services
- Inculcating the concept of trans-border reputation in opposition proceedings
- Introduced the concept of mortgage against Intellectual Property
- Introduced the concept of split of trademarks between different owners
- Protection of the first image of a building as a trademark which even got recognition in Financial Times, London, for innovation
- He achieved an unprecedented feat by succeeding in more than 3000 contentious opposition matters in the last two years to safeguard the interest of brand and outperformed its previous records of successful oppositions.
- He took the lead in filing writ petitions against The Trade Marks Office in order to question non-speaking orders being passed at the examination stage by certain Examiners in a very ad hoc manner.
- “IP to IPO – Monetising your Intellect” was a program organized by Safir for BSE Institute Limited, it is a wholly owned subsidiary of BSE Limited
THOUGHT LEADERSHIP
INTA ESPOUSAL
- International Trademark Association’s (INTA) Presidential Task Force, constituting of very selective members to examine the complexities involved in the subject of “Brand Valuation”
- INTA’s Commercialization of Brands Committee that develops resources including educational programs and best practice guidelines relating to in-market commercialization of brand offerings, and its first Research Advisory Council.
- Commercialization of Brands Committee and Co-Chair of the Global Brand Transactions and Due Diligence Sub-Committees for the 2020-2021 term
- Bestowed a chapter in a book by the International Trademark Association (INTA) among global eminent authors from diverse industries on Business Environment Trends on brand value, brand equity, brand valuation, and brand evaluation.
- Serves on INTA’s Global Brand Transactions and Tax Subcommittee
PUBLICATIONS
Safir Anand extensively contributes in prestigious national and international publications and is on the editorial panel of many leading journals and magazines focused on commercialization; licensing; Franchising; and Intellectual Property.
He contributes in The International Comparative Guide for Franchising in collaboration with DLA Piper; Getting the Deal Through-Advertising and Marketing, Getting the Deal Through – Trademarks, Getting the Deal Through- Licensing, WTR 1000 yearbook, et al. A few of his most recent published works are as follows:
- Contributed a chapter in Chambers Global Practice Guides- Trade Mars 2022, India: Law & Practice
- An article of Asia IP-Home grown dairy brand from India wins trademark, copyright infringement case Canada
- An article on yes, no, maybe of 2021 intermediary rules- Asia Law Business Law Journal
- Alcohol ban: Legality and Practicality – National Perspective- Article published in LatestLaws.com
- An article on Asia IP- Companies tweaking logos for social distancing message face legal risks
- Head 2 Head- A comparison of updates on Trade Marks Law
- The Intellectual Property Magazine- Safir Anand reviews the tortuous GI journey of Basmati Rice
- ICC Economique- IP Awareness for Early-Stage Companies
- Chambers and Partners- Advertising & Marketing 2021- Law & Practice guide
- Mid-Day- Safir decodes the jargon to reveal how and where GI registration can protect crafts artisans and handloom manufacturers
- As a Member of INTA’s Presidential Task Force contributed his insights on Business Environment Trends for INTA’s “Brand Value Special Task Force Report”
- Article for Expert Guides- Opportune Trademarks
- Business World published exclusive interviews about his journey as a Lawyer
- Asia IP Magazine sought Safir’s inputs in its latest feature, CSR during Covid-19: The sincerity and brand loyalty factors.
- Article for Asia IP Magazine In its recent feature, “Law Firms in APAC pitch in to help address problems caused by Covid-19”.
- WTR’s report, “Despite controversy over claimed coronavirus cure, CORONIL may be hard to fight at the Indian registry”
- “How to Avoid A ‘Corona Moment’ For Your Brand Name”- Businessworld
- Article for World Trademark Review’s exclusive report, “A year in review: trademark experts in Asia-Pacific reveal their expectations for 2020”.
- National Restaurant Association of India (NRAI) in its quarterly publication sought Safir Anand’s strategic inputs on the role of Intellectual Property in the commercial value of successful restaurants.
- World Trademark Review published Safir’s article in its exclusive report, “A year in review: trademark experts in Asia-Pacific reveal their expectations for 2020”.
- Businessworld published his views on the impact a global crisis can have on a brand, and how digitization has made an impact on IP in contrasting ways
- Asia IP Magazine sought Safir’s views in its recent feature, “Law Firms in APAC pitch in to help address problems caused by Covid-19”.
- Shared his thought leadership with Vantage Asia, Asia Business Law Journal and presented a comparison of developments in trademark law in India.
- Shared insights on iconography in a recent report, “The risk factor in religious marks: a study of four major jurisdictions-India, China, US and Canada” published by World Trademark Review.
Shared his views on “Technology: friend or foe? Leading trademark practitioners look to the future” – a compelling article by the World Trademark Review
INNOVATIVE VOCATION
- Composed an Original Song “Let’s Calm The World” in collaboration with DJ NYK and released worldwide on the World Environment Day 2020
- Conceptualized a film titled Scary Tales to Fairy Tales which attempts to bring out strategies relating to brands development, brands risk mitigation etc
- Selected on merits by Thukral & Tagra to participate in the Delhi Art Fair
- Commissioned the First Artwork on IP
- Published the First Book on Brands
- Developed the First Product Prototype for an Auto Company
- Safir created the first concept of Audits of Festivals in India like Jaipur Literature fest. He is one of the pioneers of venturing into audits and diligences of event related fests in the country. This includes strategic advice on scaling
- Initiated the First COVID Fund for Fashion Workers
- First Legal Awareness for Common Man Fest “My Rights Fest”
- Developed a product and service prototype for JHS Brands
- Curated and Hosted First ever Chat Show based on IP
- Acted on the First dispute on Corporate Governance as a part of IP dispute (resulting in a settlement in favor of the client)
- Victorious contributor to the International Book on Fashion Law & Franchise Law
- Book: Safir Anand has also approached over 70 brands and captured their success journey through IP. The results of this have been compiled in the form of a book “Chrysalis”. The book had a successful launch at the extremely prestigious Jaipur Literature Festival and was also recently launched in the USA by the Permanent Representative of India to the United Nations, Ambassador T.S. Tirumurti. More details of the launch, pictures, media coverages, client testimonials etc can be found here. Chrysalis All Video.mp4; Chrysalis Book Launched.pdf
- Focus on reviving cultural heritage in the country with a focus on Intellectual Property: Safir has recently taken up the mantle of reviving cultural heritage in the country by working with Royal Fables and has also taken a Board Position with Royal Fables. Royal Fables works with royal families in India who are being woken up to the cause of their intellectual property residing in fashion, jewellery, art, food and lifestyle from designers, artists and craft patrons who belong to India’s leading royal families. A recently conducted podcast on how young inheritors can protect their heritage and invited Safir to share his insights on the lesser -known intricacies of intangible heritage. Please see https://www.facebook.com/RoyalFables/videos/486478966415403.
- Safir has been appointed to a Parliamentary Group whose purpose is to locate and identify emblems in the country
- Safir serves on the Parliamentary Committee for One State One Product project.
SPEAKING ASSIGNMENTS & WORKSHOPS
Safir’s prudent insights into IP; licensing and franchising; packaging, advertising, labeling; and pharmaceutical laws; corporate governance; and Foreign Direct Investment have been widely covered by leading newspapers and business channels including Economic Times; Business Standard and CNBC.
Writing Trends: Safir is a periodic Columnist and Guest Editor on ETNow, besides profoundly recognised for his expert advices.
He regularly speaks at prestigious national and international forums and has spoken at the following:
- ET NOW- shared strategic insights on “Businesses that will Survive Covid”
- Assocham Seminar- Intellectual Property Talent Search Examination (IPTSE) Awards 2020
- Cannes
- INTA
- Masterclass on Design Protection held by the Fashion Design Council of India
- Jaipur Literature Festival 2019 & 2020
- Event and Entertainment Management Association
- Businessworld Legal Summit 2019
- Spoke about the intellectual property licensing and franchising at the largest CBM Expo organised by UBM India, held at the Bombay Convention and Exhibition Centre
- Storm the Norm & Grant Thornton Podcast- Doomed to be Deemed Boring; Not Every Profession can be creative (Episode-23)
RECENT MEDIA COVERAGES
- https://www.ft.com/content/2d628918-bd20-11ea-a05d-efc604854c3f
- https://thevoiceoffashion.com/centrestage/features/the-indian-garment-worker-rights-versus-survival–4429
- https://www.mumbailive.com/amp/en/around-you/indian-fashion-designers-share-their-happiness-moments-about-dealing-with-covid19-lockdown-51821
- https://bwlegalworld-businessworld-in.cdn.ampproject.org/c/bwlegalworld.businessworld.in/amp/article/In-Conversation-with-Mr-Safir-Anand-Senior-Partner-Anand-Anand/02-12-2020-347068
- https://m.economictimes.com/markets/expert-view/safir-anand-on-game-changers-new-investment-opportunities/articleshow/81086552.cms
- http://bwlegalworld.businessworld.in/article/-Clients-today-need-value-enhancers-brand-strategists-collaborators-in-their-lawyers-Safir-Anand-Most-Innovative-Lawyer-of-the-Year/26-04-2021-387600/
- http://bwlegalworld.businessworld.in/article/General-Counsel-Need-To-Be-Relevant-With-Time/13-12-2019-180382/
- http://bwlegalworld.businessworld.in/article/Geographical-Barriers-Have-Been-Broken-Jurisdictions-Have-Become-Easy-Safir-Anand/13-12-2019-180388/
PROFESSIONAL ASSOCIATION
MEMBERSHIP (National & International)
- Asia-Pacific Lawyers Association
- South Asian Association for Regional Cooperation in Law
- International Association for the Protection of Intellectual Property
- International Bar Association
- Licensing Industry Merchandisers’ Association’s India Advisory Committee
- Luxury Law Alliance
- Association of Media and Entertainment Counsel
- International Franchising Association
- Centre for International Legal Studies.
- IFICCI (Indo French Chamber of Commerce and Industry)
- ICCK (Indian Chamber of Commerce in Korea)
- IGCC (Indo-German Chamber of Commerce)
- FICPI (The International Federation of Intellectual Property Attorneys)
- FICCI (The Federation of Indian Chambers of Commerce and Industry)- IP Strategy and monetization of IP
- NRAI (National Restaurant Association of India)
- ICC (Indian Chamber of Commerce)
- ASSOCHAM (The Associated Chambers of Commerce of India)- Vice Chair of ASSOCHAM’s IP Rights Managing Committee. He has presented a paper on copyright and design interface; monetization of IP; and taxation of counterfeiting goods.
ADVISORY & BOARD POSITIONS
Safir has recently joined on invitation the Advisory Excellence Network as its exclusive recommended Commercial IP Law Expert in India. Additionally, Safir is a part of the advisory/board of highly reputable organizations such as:
- Fashion Design Council of India (FDCI)
- Entertainment and Event Management Association (EEMA)
- International Facility Management Association (IFMA)
- JHS Brands
- Brand Musiq
- My Rights LLP
- TeamWork Arts Private Limited
- Nashville Film Institute
- White Willow
- Fresh Brew
- Tarrakki
- Royal Fables
AWARDS AND RANKINGS
Safir has received several awards and accolades in both individual and organizational capacity. Below are some of his recent achievements:
- Trademark Lawyer of the Year at the Legal Era Indian Legal Awards 2021-22
- Best IP Lawyer of the Year 2021 – BW Legal Icon 2022
- Enlisted in the Forbes India’s Legal Powerlist 2021 (also 2020) as one of the Top Individual Lawyers
- International Advisory Experts Award for exemplary performance in the field of Intellectual Property for the year 2022.
- Recognized as one of the most Innovative Practitioners across Asia-Pacific by Financial Times Innovative Lawyers Asia-Pacific 2020
- Trademark Lawyer of Year by Legal Era- Indian Legal Awards 2020-21
- Most Innovative Lawyer Of The Year at Businessworld Global Legal Summit and India Legal Leaders Awards 2020
- Awarded the extremely prestigious “IAF-Atmanirbhar Bharat Award 2020-21”
- Featured in IAM Strategy 300 in its 2021 edition of Global Leaders guide
- India Business Law Journal ranked Safir among India’s top 100 lawyers and featured him in The 2021 A-list
- Safir is the only lawyer to be amongst the notable Global Achiever’s Award 2021 announced by HBW.
- Featured as Trademark Law Expert of the year in India for 2021 by Leaders in Law.
- Conferred with the ASSOCHAM IP Excellence Awards 2021 as Outstanding Practitioner of the year- Trademark
- Recognized as Trademark Star by MIP IP STARS 2021
- Tier 1 ranking on Trademark Contentious and Trademark prosecution tables in the 2021 edition of Managing Intellectual Property IP Stars
- Awarded Asia IP law firm of the year 2020
- Awarded Luxury Law Firm of the Year- Independent- 2020
