PRACTICE AREA/INDUSTRY FOCUS
Intellectual Property, Litigation and Dispute Resolution
Pravin Anand is the Managing Partner at Anand and Anand. In a career spanning over four decades, Pravin has emerged as an IP trailblazer.
He has strengthened India’s IP jurisprudence with a practice encompassing all areas of IP litigation including patents, copyright, design, trademarks, enforcement and dispute resolution.
Pravin joined Anand and Anand in 1979 as an extension of the law firm established by his grandfather in 1923. From a one-room office in Old Delhi, he took the firm to new heights with offices in four major cities and a diverse gene pool of 400 professionals.
His approach in and out of court broke new grounds in Intellectual Property Rights and today, from Christian Louboutin to Cartier, from pharma to tech majors to policymakers and from art to entertainment, Pravin represents most famous brand owners, leading industries and eminent personalities who rely on his matchless experience for protection of their Intellectual Property.
Pravin has engendered several landmarks and first-ever IP cases which have led to growth of India’s IP jurisprudence by leaps and bounds.
Of the numerous landmarks under his belt, the recent ones are:
- Ferid Allani case – paves way for software patenting in India
- Merck and Hermes case- Heralds era for social damages for IP violations.
- Pioneer Overseas Corporation case – paves way for DNA testing for disputed IPR in plant variety
- Philips v. Bhagirathi – India’s first Standard Essential Patent case recognizing principles like FRAND and granting damages to the Plaintiff for the DVD patent.
- John Richard Brady’s – recognized breach of confidentiality as a separate Tort capable of being protected even if there is no contract and the copyright in drawings can be infringed by the 3-Dimensional reproduction.
- The Christian Louboutin case – protected ‘Red Sole’ as a single-colour trademark; a second case of the same Plaintiff developed the law on ‘Intermediary Liability’ restraining rogue websites.
- Philips Vs Amazestores – 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 vs. Glenmark- First patent law suit to be decided in Plaintiff’s favour post trial under Patents Act.
- Pharmaceutical patent cases like AstraZeneca, BMS, Eisai Co. Ltd. – answered complicated questions on Genus and Species patents.
Pravin has contributed to a sizeable majority of damages law suits in IP litigation in India including the largest damages in a patent and a trademark suit. He was the first to win an Anton Piller order (involving HMV Gramophone Co.); the First Mareva injunction order (Philips); Pre suit mediation Litigation involving Nokia, First Norwich Pharmacal order (Hollywood Cigarettes) Moral rights of artists (Amarnath Sehgal) First order under the Hague Convention (Astra Zeneca) order of collecting overseas evidence in India and several significant cases for pharmaceutical clients such as Monsanto, Merck, Novartis, Pfizer and Roche; apart from many others. Pravin was also instrumental in the Glenfiddich case against McDowell – a great order for protecting trade dress in India; 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 and also brought up interesting questions of joint authorship under Copyright law in Najma Heptulla v. Orient Longman case.
Pravin has co-authored ‘Halsbury’s Laws of India on Intellectual Property’ and contributes regularly to The Life Sciences Review, IP Review and Bloomberg BNA’s Life Sciences Global Guide. He serves on editorial board of CTLR, PLC – Life Sciences, Asia IP and Patent Lawyer and is a regular speaker at WIPO, MIP- International Patent Forum etc.
He invests hugely in IP infrastructure to solve his clients’ problems. His pioneering initiatives are IP Board Game, India’s First IP-themed Play – Brainchild, IP Comic- Adventures of Mr. IP and a coffee table book ‘IPONOMICS’.
Pravin is unique in more ways than one as he continues to work towards establishing landmarks and heralding phenomenal changes in IP jurisprudence. Even in times when the world is reeling under COVID-19 induced health and economic crisis, he is committed to serving his clients through virtual hearings.
Not just clients, he has catered to all IP enthusiasts with a digital newspaper ‘IP Thinker’ as part of the World IP Day, 2020 celebrations. Alive to the problems being faced by young lawyers and students, he has also initiated an Assignment based E-internship program which has received overwhelming response.
Pravin’s leadership can be summarised by ‘RiCcE’, an acronym he has devised to keep his team driven and wise. He believes that much like Rice is a staple diet (in India) making for major nutrient supply, we all need some RiCcE at work. R stands for Ruthlessly, i- Intelligent, Cc – Creative and Competitive and, E-Ethical.
Key drivers for achieving RiCcE, he says, are, ‘Knowledge’, ‘Strategy’ and ‘Desire to Succeed’.
- INTA Board membership.
- Served as President of Indian Groups of AIPPI, APAA and FICPI
In truest sense of the term ‘visionary’, Pravin has married social responsibility with IPR.
He turned a new leaf in IPR with Merck tree order where the patent infringer planted 1,40,000 trees in pollution-stricken Delhi. Close on its heels came the Hermes case where the trademark infringer provided wholesome meals to underprivileged children, sanitary napkins in ten orphanages and foster care homes for two years. Well advised by him, clients gave up hefty monetary damages for public good.
A humanitarian at heart, Pravin believes in giving back to the community. He shared his views on evolution of IP litigation from the times before to the times in and after COVID-19 pandemic in a webinar on ‘IP Litigation Pre, During and Post Corona’ presented by the Intellectual Property Attorneys Association (IPAA). He also addressed some burning questions on counterfeiting impacting micro, small and medium enterprises and how enterprises big and small can overcome the economic impact of the pandemic.
AWARDS AND RECOGNITIONS
- First Indian Legal Practitioner to receive the ‘AIPPI Award of Merit’
- Most Innovative Lawyer – Asia Pacific (FT Innovative Lawyers Awards 2015)
- Best of the Best 2016 – Top 30 Patents Practitioners in the World
- 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
- Inducted in the Legal 500 Hall of Fame 2020
- Ranked Key Figure in Patent Litigation & Prosecution Practice by Leaders League 2020
- Managing Intellectual Property – IP Stars-Patents; 2017-2020
- Managing Intellectual Property – IP Stars-Trademarks; 2016-2020
- Awarded Leading IP lawyer of the Decade at the 9th Annual Indian Legal Era Awards 2020
- Asia Business Law Journal A List Lawyer’s; 2018 & 2019
- IAM Strategy 300 – World’s leading IP strategists 2017-2020
- IAM Patents1000 Gold band recommended Lawyer 2017-2020
- WTR 1000 Gold band recommended Lawyer; Enforcement and Litigation 2017-2020
- Who’s Who Legal Patents Featured Lawyer 2017-2020
- Who’s Who Legal Trademarks Featured Lawyer 2017-2020
- Best of the Best – Patents Expert Guide 2017, 2018 & 2019
- Best of the Best – Trademarks Expert Guides 2017 & 2018
- WIPR Leaders – Patent, Media, Tech/Electronics 2017 & 2018
BAR ADMISSION AND EDUCATION
Pravin studied Law from Delhi University after completing Bachelor’s degree in Chemistry. Called to the Bar in 1979, he has been practising as an IP lawyer since then.