Vaishali Mittal

Partner

Vaishali Mittal, a Partner at Anand and Anand, works in the Litigation Department of the firm. She is a law graduate from Jamia Millia Islamia University and BA History (Hons) from Delhi University where she was a gold medalist in her subject. She has been associated with the firm since 2003. She has over 16 years of experience with a strong background in IP laws and experience in litigation, prosecution, consultation and drafting. Ms. Mittal has a strong appreciation and valuable knowledge of critical strategies for litigation of IP issues in the Indian Courts having acted for several highly reputed international and national clients. Besides litigation, she also has extensive experience in securing the best interest of the firms’ clients through negotiating deals including licensing of standard essential patents and other IP as well as acquisition of intangibles. Dispute resolution through alternate means including mediation, arbitration and conciliation are also some of Ms. Mittal’s additional attributes.

LITIGATION AND DISPUTE RESOLUTION

Represented Music Broadcast Limited, formerly known as Music Broadcast Pvt Ltd in India’s first compulsory licensing complaint for fixation of reasonable royalties payable to copyright societies and securing first twenty licenses in its favour. Represented Philips before the Delhi High Court in Philips v. KK Bansal; Philips v. Rakesh Bansal, India’s first final judgment on the issue of Standard Essential Patents. Represented Toyota, before the Delhi High Court and the Supreme Court of India, in Toyota v. Deepak Mangal, India’s landmark judgment on the issue of trans-border reputation. Represented John Deere in Deere & Co. v. S. Harcharan Singh & Ors.; India’s first judgment declaring a color-combination as a well-known trademark. Represented Philips in Maj. Sukesh Behl v. Philips; a landmark judgment providing much- needed relief to patent holders from strict liability under the disclosure regime of section 8 of the Patents Act, 1970. Represented Sanofi in Sanofi v. Kirti B. Maheshwari before the Delhi High Court, which saw the first instance of judicial recognition that “trade-secret” disputes could be considered as “commercial disputes” under the Commercial Courts Act, 2015. Represented Vifor (the pharmaceutical company) in Vifor v. High Court of Delhi in a writ petition which resulted in a stay of the transfer of at least 20,000 intellectual property lawsuits (valued under INR 1 crore) from the High Court to subordinate district courts, in the aftermath of the promulgation of the Commercial Courts Ordinance, 2015. Secured declarations of well-known status of several trademarks as per section 2 (1) (zg) of the Trade Marks Act, 1999, including Rajnigandha; Mitsubishi ; Honeywell; Microsoft; WWE etc.

TRANSACTIONAL, ADVISORY WORK & PUBLICATIONS

Represented EMBIBE, as their chief IP advisor on an Artificial Intelligence based startup pioneering in the education industry, in its acquisition by Reliance Industries over a multi-million dollar deal. Author of “India” chapters in prestigious publications such as Getting the Deal Through (Right of Publicity); Thompson Reuters (Trademark and Copyright Litigation Guides). Author of several articles and papers on a routine basis in global publications such as Managing IP, Asia IP, Vantage Asia, WIPR Moderator of a panel discussion on plain packaging regulations across the world at 2017 edition of the Annual INTA meet.

AWARDS AND NOMINATIONS

Awarded with the Legal Era’s “40 under 40 Rising Star Awards” in 2017. Nominated amongst the “Rising star in Intellectual Property” by Women in Business-Euromoney Legal Media Group Asia Awards in 2014;