Saif Khan

Partner – IP Enforcement

PRACTICE AREA/INDUSTRY FOCUS

Litigation Department and heading the Enforcement team

CAREER HIGHLIGHTS

Mr. Saif Khan is working as a Partner with Anand and Anand in the Litigation Department and heading the White Collar Crime Practice and IP Enforcement team of the firm. He completed is schooling from Sherwood College in Nainital .He is a commerce graduate from Symbiosis College of Arts and Commerce, Pune University post which he pursued his law degree from Jamia Millia Islamia University. He has also done Masters Diploma in Business Administration from Symbiosis Institute of Management Studies, Pune. Prior to Anand and Anand he was working with British Petroleum (on the rolls of Castrol India Ltd) for nearly two years as Manager – Legal Trade Mark Operations. He has also practiced as a trial lawyer during the initial four years of his practice. Mr. Khan has a vast experience of handling contentious Criminal matters relating to corporate frauds and technological frauds and has been representing conglomerates in contentious criminal matters. He also has on ground experience of strategizing and conducting IP enforcement actions both under the Civil and Criminal law (Anti-Piracy and Anti-Counterfeiting including Customs Enforcement of IP Rights). He has distinctive experience of working, coordinating and liaising with the law enforcement agencies to ensure focused solutions for IP infringement. Mr. Khan also represents the Firm at various forums on conducting IP awareness workshops with government and non-government agencies across the country. He regularly appears and conducts trials (Civil and Criminal) and extend arguments on behalf of firm’s clients in contentious matters before the various courts throughout the Indian jurisdiction.

Dr. Neeti Wilson

Partner

PRACTICE AREA/INDUSTRY FOCUS

IP Consultancy, Patents, Designs, Plant Variety, Bio resources, IP Portfolio Asset Management, Licensing, Technology Transfer, IP Valuation and Strategy

CAREER HIGHLIGHTS

Dr. Wilson specializes in intellectual property management and protection with customized planning as per client’s business needs and IP monetization-related strategic advice besides other IP areas including licensing, management, opposition, revocation and infringement.

Dr. Wilson is a lawyer with a Ph.D in applied sciences making her an expert in handling technical as well legal issues effectively. She appears before various legal authorities including Indian Patents, Designs and Trademark Office, Plant Variety Authority, National Biodiversity Authority, Intellectual Property Appellate Board (IPAB) and Judicial Courts in India.

Dr. Wilson is an active member of various international organizations and is Executive Committee Member of the India chapter of APAA and also India representative of its Emerging IP Rights Committee.

Dr. Wilson has been selected as UN Consultant for developing training Manual for Intellectual Property Management and Technology Transfer Licensing with ESCAP-APCTT. She was a member of Indian Council of Agricultural Research (ICAR) Committee for Developing Guidelines for IP Management and Commercialization of Technologies.

Dr. Wilson regularly attends national and international conferences and is keen on spreading awareness related to IPM, Licensing and Biological Resources.

AWARDS AND RECOGNITION

  • Recommended Individual IAM Strategy 300 (2019)
  • Recommended Individual IAM Patent 1000 (2019)
  • Asia IP expert (2016)
  • Board Member of Zonal Technology Management and Business Planning and Development (ZTMBPD) Unit, IARI (Indian Agricultural Research Institute)

AFFILIATIONS

  • APAA – Asian Patent Attorneys Association
  • AIPPI – International Association for the Protection of Intellectual Property
  • DHCBA – Delhi High Court Bar Association
  • FICPI – International Federation of Intellectual Property Attorneys
  • IBA – International Bar Association
  • ISCA – Indian Science Congress Association
  • LES International – Licensing Executives Society

QUALIFICATIONS

  • TERI School of Advanced Studies, Delhi – Ph.D.
  • Pt. R S.S.University, Raipur – Masters in Science
  • NALSAR, Hyderabad – PGD Patent Law
  • IME College, Sahibabad – LL.B.
  • Holy Cross Convent, Raipur – High School
  • UPOV – WIPO – Plant Variety Protection

RECENT PUBLIC ENGAGEMENTS

  • International Workshop on IP Management and Technology Licensing; Bangkok; June 2019; Resource Person as UN Consultant
  • Global IP Convention; Bengaluru; January 2019; Session Speaker: Recent Monsanto judgment by the Indian Supreme Court
  • National Biodiversity Authority Committee Meeting; Chennai; December 2018; Stakeholder representation

Vaishali Mittal

Litigation Partner & Strategist

SUMMARY

A Litigation Partner and Strategist at Anand and Anand, Vaishali Mittal joined the firm in 2003.

Designated as a “leading light” in India for SEPs, Ms Mittal has to her credit India’s first post-trial SEP judgement. She is described as an “engine of Anand and Anand’s patent practice, an outstanding advocate and deal negotiator” by the IAM 300.

Behind her is over 17 years of rich experience in litigation, prosecution, drafting and advisory to various Fortune 500 companies and other leading organisations worldwide on disputes concerning patents, trademarks, copyright infringement and passing off.

EXPERIENCE

  • Represented Koninklijke Philips N.V. before the Delhi High Court in two landmark heavily contested patent battles namely: Philips v. KK Bansal; Philips v. Rakesh Bansal, securing India’s first final judgment on the issue of Standard Essential Patents.
  • Represented Nokia in various pre-suit mediation claims concerning infringement of Standard Essential Patents before the Delhi High Court.
  • Represented Koninklijke Philips N.V. before the Delhi High Court in two landmark heavily contested design and infringement of trademark lawsuits namely: Philips v. Amazestore & Ors. and Philips v. Amitkumar Kantilal Jain & Ors, securing a landmark judgment on the highest ever quantum of damages in a copyright, trademark and design infringement case in India
  • Represented Astrazeneca AB before the Delhi High Court against leading pharmaceutical companies Emcure Pharmaceuticals Limited and MSN Laboratories Limited in a highly contested patent infringement lawsuit, securing an ad interim injunction in favor of Astrazeneca.
  • Represented Toyota Motor Corporation, 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. & Anr. v. Mr. Malkit Singh & Ors.; India’s first judgment recognizing a color combination of green and yellow as a trademark.
  • 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 Koninklijke Philips N.V. in Maj. Sukesh Behl v. Philips; securing 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 S.A., pharmaceutical company 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.This is despite there being no statutory recognition of trade-secrets as intellectual property in India.
  • Represented Vifor Pharma International (Galenica Group), pharmaceutical company in Vifor v. High Court of Delhi in a writ petition before the Delhi High Court resulting in, to the relief of scores of intellectual property owners, 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 Act, 2015.
  • Represented BIC Cello Limited, before the Delhi High Court in a pre-suit mediation namely: BIC Cello v. Flair Pens Limited, settling a high stake claim between the companies concerning design infringement and trade dress passing off.
  • Represented Music Broadcast Limited, formerly known as Music Broadcast Pvt Ltd in India’s first compulsory licensing complaint & secured first twenty licenses in its favour;
  • Secured declarations of Well-Known status of several trademarks as per section 2 (1) (zg) of the Trade Marks Act, 1999, including; Mitsubishi; Pulse, JIO, Honeywell; Microsoft; WWE, Rajnigandha etc.
  • Appointed as a Mediator by the Delhi High Court to facilitate amicable settlement of a complex copyright and design dispute.
  • Led the Intellectual Property arm of the team representing Embibe (Individual Learning Private Limited), an Artificial Intelligence based start-up pioneering in the education industry, in its acquisition by one of the world’s biggest companies, Reliance Industries, in a multi-million-dollar deal in India.
  • Assisted the Sports Development Authority of India in the development of a “Sports Code” for India with a writ petition seeking its implementation presently pending before the Delhi High Court;
  • Legal advisor, assisting and spearheading various transactions with leading companies securing protection for their Intellectual Property and other legal compliances in India on issues such as Advertisement-Media campaigns, regulation requirements for electric products imports, imports of milk and other health hygiene products for infants etc.

THOUGHT LEADERSHIP

Outside of courts, she authors articles in renowned publications like GTDT, Asia IP, MIP etc. She has also created ‘IPONOMICS’, a picturesque coffee table book co-authored by her compiling legendary IP matters and ‘Origami’, an in-house knowledge manual on Best Practices and Procedures of IP practice in India for law firms and companies. She also conceptualized and created ‘IP Thinker’ a digital newspaper to celebrate World IP Day, 2020.

PROFESSIONAL INVOLVEMENT

  • Member of AIPPI
  • Member of APAA
  • Member of INTA

COMMUNITY INVOLVEMENT

Always ready to give back to the society, Vaishali represented pro bono the Lysosmal Storage Disorders Support Society (LSDSS) in a writ petition which, after five years of legal tussle, resulted in the Karnataka High Court directing the State and the Centre to forthwith to provide Rs 6 cr for free medical treatment of 45 children suffering from life threatening rare disorders. The order’s ripple effect manifested itself in Madras HC coming to the aid of patients with life-threatening rare diseases. Setting this is a precedent, several other High courts have now passed similar orders.

In another matter, which is the first civil suit to be filed during the Lockdown, the cost paid by the defendant went towards treatment of a COVID-19 patient.

AWARDS AND RECOGNITIONS

  • Recognized in the “IAM 1000” Patent list of 2019 & 2020

“Vaishali Mittal has many benchmark litigation wins to her name. She thrives in the cut and thrust of heavily contested and multi-layered IP suits, coming through with tight strategies, tenacity and persuasive advocacy.”

  • Recognized in the “IAM 300” Strategy list of 2019 & 2020;

“Vaishali Mittal is a leading light in India regarding SEPs; she recently litigated – and won – the country’s first SEP judgment. An engine of Anand and Anand’s patent practice, Mittal is an outstanding advocate and deal negotiator.”

  • Recognized amongst the “Super 50 Lawyers in India” by Asian Legal Business Law Journal 2020;
  • Recognized amongst the “Top 15 Dispute Lawyers in India” across all verticals by Asian Business Law Journal in 2019;
  • Recognized amongst the “Star Women in Law” Awards at the Legal Era-Woman in Law Awards 2019
  • Recommended lawyer by Expert guides-patents 2019
  • Appointed as the Member of the Member of the Standing Committee on ADR (Alternate Dispute Resolution Committee) at the AIPPI, up until December, 2021
  • Appointed as the coveted member of the INTA committee for: Famous and Well-Known Marks Committee for the term 2020-2021.
  • Leading team member in the dispute Koninklijke Philips Electronics Vs. Rajesh Bansal, winning the “Impact Case of the Year” at MIP Asia Awards 2019; “Milestone Case of the Year” at Legal Era Awards, 2019;
  • Winner of “40 under 40 – Rising Star award” at the Legal Era Awards, 2017

BAR ADMISSION AND EDUCATION

  • L.L.B (Gold-medalist) from Jamia Milia Islamia University, Delhi (2000-2003);
  • Bachelor of Arts (History), Delhi University (1997-2000)

Vaishali was called to the Bar in year 2003 and has been practicing ever since.

Rajiv Bhatnagar

Senior Director – Technical

PRACTICE AREA/INDUSTRY FOCUS

Electronics, Telecommunications and Software

CAREER HIGHLIGHTS

Our in house technical specialist, Mr. Rajiv Bhatnagar is an alma mater of IIT, Kanpur and is a registered patent agent at the Indian Patent Office. With a strong foothold in electronics due to his experience spanning well over 40 years, he focuses on evaluating quality patent applications, responses in respect of litigation as well as prosecution matters and client counseling and determining standards essentiality in respect of telecom standards.

AFFILIATIONS

  • Registered Patent Agent
  • American Intellectual Property Law Association (AIPLA) – Member

EDUCATIONAL BACKGROUND

Indian Institute of Technology, Kanpur B.E – Electrical

Vidisha Garg

Partner

PRACTICE AREA/INDUSTRY FOCUS

Pharmaceuticals, Agro-Chemicals, Industrial chemicals, Metallurgy and Materials, Polymers, Natural products, Nutraceuticals, Drug Delivery Systems, Food processing, Medical devices, Oil and Gas, Biotechnology, Life Sciences and Biodiversity.

SUMMARY

Vidisha Garg is a partner at Anand and Anand and has been actively involved in the field of Patents for over seventeen years now. She joined Anand and Anand in 2004 and became a patent agent the same year.  She has contributed immensely to the growth of firm’s patent prosecution and contentious practice since.

EXPERIENCE

Vidisha represents clients in several pre-grant and post-grant patent opposition matters. Vidisha also handles patent revocation matters before IPAB. She was involved in the Tykerb revocation matter, India’s first NCE revocation case. She was also involved in Tygacil patent opposition, where critical issue of section 3(d) was involved and patent was granted to a reformulated drug. She has been an active member on the team handling the landmark Eisai matter which was one of the few landmarks which answered complicated questions on species and genus patents – a phenomena enabling innovator companies to get a first patent for a break-through technology and thereafter species patents within the coverage of the first patent. She regularly represents her clients before the Intellectual Property Appellate Board. Her practice areas also see her engagement in providing opinions and strategies on patent laws in India, drafting of patent specifications, patent searches, validity, patentability, and infringement opinions. Clients rely on her advice on issues relating to protection of national biodiversity. She also gives advices to her clients in respect of IP asset management and IP licensing.

Her previous experience is of an academician and active researcher in the field of Synthetic Organic Chemistry. She has worked in prestigious institutes like Central Drug Research Institute (CRDI) and University of Lucknow.

THOUGHT LEADERSHIP

Vidisha pens articles for various prestigious publications such as Managing Intellectual Property, WIPR and LSIPR etc. She has authored research papers in the field of Chemistry in journals of international repute.

Vidisha is regular speaker in the national and international conferences and seminars such as AIPPI, etc.

Committed to spreading IPR Awareness and fostering innovation and scientific temper, Vidisha conducts routine workshops, webinars and certificate courses on IPR for judiciary, enforcement agencies and also various schools and universities in association with various government and industry bodies like CIPAM, INTA, TIFAC, BIRAC, ICAR, etc.

PROFESSIONAL INVOLVEMENT

  • AIPPI
  • FICPI
  • APAA
  • International Bar Association
  • Admitted to Bar, Member Bar Council of Delhi (India)

COMMUNITY INVOLVEMENT

Vidisha is involved in spreading IPR awareness and regularly participates in workshops and programs aimed to sensitize the stat-ups, SMEs, judiciary members, researcher/scientists, academician, and students about issues relating to IPR particularly patents. She is closely involves with TIFAC (body under DST, Government of India) and Indian Council of Agricultural Research (ICAR) in training programs of scientists, local communities and young patent agents.

AWARDS & RECOGNITIONS

Vidisha is a gold medallist form University of Lucknow in Organic Chemistry. She has also qualified CSIR-UGC NET junior fellowship. She was also a recipient of the TIFAC (DST, Government of India) Scholarship for training in IPR.

Vidisha has been nominated as ASIAIP Expert’ in ‘Patent Prosecution’ and ‘Pharma & Biotech’ from 2013 to 2019.

She is the executive member of Indian group of international association for protection of intellectual property, AIPPI (Association Internationale pour la Protection de la Propriété Intellectuelle).

BAR ADMISSION & EDUCATION

Vidisha holds dual post graduate degree in Organic Chemistry and Law from University of Lucknow. She is a registered patent agent. She was admitted to the bar in 2010.

Dhruv Anand

Partner

PRACTICE AREA/INDUSTRY FOCUS

IP Litigation and Dispute Resolution: All forms of Intellectual Property including Trademarks, Copyright, Patents, Designs, domain names, IP and competition law, IP and defamation law, anti-counterfeiting work including brand enforcement for luxury brands, IP contractual and advisory work.

WORK

  • Enrolled with Delhi Bar Council: 2007.
  • Primary Courts: Delhi High Court
  • NOTABLE ACHIEVEMENTS: Recognition of the doctrine of spill over reputation in George V Records v. Kiran Jogani, successfully obtaining well-known trademark declarations for leading brands, enforcing IP in films, successful campaigns for the Indian Singers Rights Association and well-known luxury brands, Winning a big trademarks dispute for a well-known Indian brand all the way up to the Supreme Court, involved in a case clarifying the Customs enforcement rules qua patents.

AFFILIATIONS

  • INTA
  • ACACAP

PUBLICATIONS

  • Commercial Courts in India (Asia IP)
  • Movie Makers Battle Online Pirates (Asia IP)
  • Vigilance: The Best Defence (IBLJ)
  • The Green Revolution (Asia IP)
  • Reaching Across Borders (IBLJ)

QUALIFICATIONS

  • 2006, Amity Law School, BA LLB (Hons)
  • 2011, George Washington University, LL.M

Shrawan Chopra

Partner

PRACTICE AREA/INDUSTRY FOCUS

IP Litigation

CAREER HIGHLIGHTS

Shrawan joined Anand and Anand in year 2006 and has established himself as a fierce IP litigator. Big-ticket industries rely on his litigation experience and advice for enforcing and protecting their intellectual property.

EXPERIENCE

Shrawan has over 14 years of experience as an Intellectual Property litigator with Anand and Anand, and represents clients before the Intellectual Property Appellate Board, the High Court and the Supreme Court of India. He was one of the leading members on the team which won the landmark decision in Ferid Allani v. Union of India giving a new spin to Section 3(k) of Patents Act thereby paving the way for software patenting in India. He also has to his credit the long-standing Roche vs Cipla patent dispute which culminated in a settlement and the path-breaking Aloys Wobben v Enercon India matter in which the Supreme Court of India analysed whether multiple proceedings could be initiated by one party before different forums in order to challenge the validity of a patent . The judgment put an end to forum shopping and multiple challenges to patent validity. Shrawan was a vital part of team Anand and Anand representing Aloys Wobben, world’s largest producer of wind turbines. The case was recognised by Managing IP as a milestone Asia-Pacific case of the year.

Another from long list of landmark wins is the Monsanto v Nuziveedu Seeds case wherein the Supreme Court of India restored multi-national Monsanto’s patent for BT technology, validating that genetically-modified crops were innovations that could be protected under patents. The hard-fought case secured another landmark win for the Anand and Anand litigation team of which Shrawan was an integral member.

Shrawan’s expertise in IP litigation sees him advise and represent big-ticket pharmaceutical companies and industries. His litigation experience spans patents, copyright, trademarks and domain name disputes.

THOUGHT LEADERSHIP

Shrawan is  an active contributor to leading publications including Asia IP, India Business Law Journal, Asia Business Law Journal, The Intellectual Property Law Review, CTLR, Managing the IP Lifecycle, to name a few.

PROFESSIONAL INVOLVEMENT

  • Member, Bar Council of Delhi
  • Member, International Association for the Protection of Intellectual Property (AIPPI)
  • Joint Secretary AIPPI India Group

AWARDS & RECOGNITIONS

  • 40 Under 40 Rising Star Award 2019
  • His case Ferid Allani recognised the outstanding case of the year by Legal Era in 2019-2020.
  • Aloys Wobben vs Enercon India recognised by Managing IP as a milestone Asia-Pacific case of the year.

BAR ADMISSION AND EDUCATION

Shrawan was called to the Bar in year 2006. He studied law from Agra University and went on to pursue Masters of Laws in Intellectual Property from the Franklin Pierce Law Centre, University of New Hampshire. Prior to law, Shrawan completed Bachelors in Political Science from the University of Delhi.

Madhu Rewari

Partner

PRACTICE AREA/INDUSTRY FOCUS

Trademark Adoption – Searching and Clearance, Trademark Prosecution and Opposition, Domain Dispute Resolution, Customs and Border Control Measures and Brand Strategist

CAREER HIGHLIGHTS

Madhu has been associated with Anand and Anand since September 2006 and primarily handles large volume of traditional trademark work which includes drafting of oppositions, evidences, cease and desist notices, counter statements. She also renders opinions on Trademark law to various industries with particular emphasis to pharmaceutical, banking and finance and retail companies. Madhu has been instrumental in getting the trademarks ‘OLA’ and ‘Lifebuoy’ declared as well Known Trademarks.

Madhu’s specialised area of practice is trademark searching and provides commercial and practical advice on the extent to which a brand is available for use and giving an in-depth and analytical approach on availability and registrability of a brand. Her opinion on the availability of brands are not only based on the results of the Official search conducted at the Trademarks Registry, but also includes domain name search, records maintained by UKPTO, USPTO, common law search and the inherent registrability of the trademarks. Her practice area also includes protection of intellectual property rights at Customs and has been involved in training of the Indian Customs Officials in various cities.

Madhu also has experience in appearing before the Intellectual Property Appellate Board in relation to contentious matters. She has also attended a vast number of hearings at the Trademarks Registry in relation to prosecution of trademark applications.

PUBLICATIONS

  • Madhu is a regular contributor to WTR 1000 India Chapter
  • The Battle for Fort William, Asialaw India Advisor, October 2007
  • Intellectual Property in Mergers and Acquisitions in India, Asialaw India Advisor, April 2008
  • A study of Indian companies and their approach to brand valuation, IP Value, 2011
  • Licensing in India: A Business Model, IAM Licensing, 2012

AFFILIATIONS

  • Bar Council of Delhi, Member
  • International Trade Marks Association (INTA), Member

SPEAKING ASSIGNMENTS

  • Was a speaker at the World IP Forum 2018.
  • Interacted with almost 100 school students at HUL’s campus in Mumbai on World IP Day 2017 featured in INTA Global Report
  • Was invited by the Cell for IPR Protection and Management (CIPAM) to speak to trainers of Agastya International Foundation about Patent, Copyright, Trademark & Design.

Swati Sharma

Partner

PRACTICE AREA/INDUSTRY FOCUS

Trademarks, Brand Strategist, Packaging and labelling laws, Advertising laws, Contractual and Commercial IP, Licensing and Franchising

CAREER HIGHLIGHTS

Swati has a significant experience in contractual and commercial exploitation of Intellectual Property. Swati has valuable experience in drafting various commercial Agreements and has advised various companies in relation to establishment of their business in India.

She has extensively advised companies in relation to adoption, protection and increasing visibility of brands in the capacity of a brand strategist. Swati has experience in giving opinions relating to licensing, franchising, IP takeover transactions, mergers and acquisitions and joint ventures for Fortune 500 companies.

Swati has been with Anand and Anand since January 2007. She has attended International Conferences, such as International Trademarks Association (INTA) conference 2009 held in Seattle, INTA 2011 held in San Francisco, INTA 2012 held in Washington D.C., INTA 2013 held in Dallas, INTA 2014 held in Hong Kong, MIDEM held in Cannes in 2010, and various National Conferences such as the INTA India Round Table Conference (2008, Mumbai), seminars organized by the Confederation of Indian Industries (2008, Mumbai). Swati was also a speaker at the International Franchise, Retail & Licensing Show organized by the LIMA on 3rd and 4th November, 2012 in New Delhi and 19th October, 2013 held in New Delhi. In the MIP India IP and innovation forum on 7th March, 2013, Swati spoke on Monetization of Intellectual Property.

EDUCATIONAL BACKGROUND

  • LLB (Hons.) (2007) with Distinction