Pravin Anand

Managing Partner

PRACTICE AREA/INDUSTRY FOCUS

Intellectual Property, Litigation and Dispute Resolution

SUMMARY

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.

EXPERIENCE

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.
  • Philips v Rajesh Bansal– India’s first post-trial SEP judgment
  • 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.

THOUGHT LEADERSHIP

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’.

PROFESSIONAL INVOLVEMENT
  • INTA Board membership.
  • Served as President of Indian Groups of AIPPI, APAA and FICPI
COMMUNITY INVOLVEMENT

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.

Safir Anand

Senior Partner and Head of Department (Trademarks, Contractual and Commercial IP)

PRACTICE AREA/INDUSTRY FOCUS

Safir advises and acts for clients from diverse industries ranging from FMCG, Pharma, Software, Social Media, Food industry, Media, Sports, Entertainment, Luxury and Fashion, Government Bodies and more. He very actively works as an IP advisor and work towards providing Inputs towards strategy, Business models, Marketing and Commercial Insights blended with an astute understanding of the IP law that covers ; IP Protection, IP Enforcement – Civil and Criminal; Contractual IP – Agreements, Licensing, Franchising, Monetization, Strategic Advisory and Due Diligence.

He has taken several initiatives to create IP awareness across all segments and levels that have been widely reported by media. His focus is to unleash the power of intangibles and nurture the untapped IP potential through specialized IP services.

Safir is a member of INTA “Brand Value-Special Task Force” Constituting of very selective members to examine the complexities involved in the subject of “Brand Valuation”. He has recently joined the Board of directors of:

  • BrandMusiq to strategize on Mogo (Musical Logo) and Sonic Branding
  • Board of Directors of JHS Brands limited as Additional Director.
  • Board of Directors of National advisory council of EEMA.

He is a member of the Bar Council of India and has earlier been a member of Asia-Pacific Lawyers Association, SAARCLAW, AIPPI, International Bar Association, LIMA India Advisory Committee, Luxury Society, The Association of Media and Entertainment Counsel, The International Franchising Association and Centre for International Legal Studies. Also, He was also on the board of directors of IFMA and was a part of Marques brand and Marketing Team. Also, he was a part of the Andhra Pradesh Govt Task force, Dept of Information Technology, Electronics and Communications Dept to work on setting up India’s first CYBER School.

The recent Awards and recognition given to him includes:

  • Managing Intellectual Property – IP Stars for Trademark; 2016, 2017 and 2018
  • The firm has won “Best IP Firm of the year” for continuous two years (2017 and 2018); awarded by The India Licensing awards hosted by LIMA
  • He has been featured prominently in Expert Guides – “Best of the Best – Trademarks 2018”.
  • WTR 1000 – Highly Recommended: Prosecution and Strategy – Gold; 2016, 2017 and 2018
  • Chambers and Partners – recommend lawyer 2016, 2017 and 2018
  • Who’s Who Legal- Trademarks; 2017 and 2018
  • Asia law Leading Lawyers – Intellectual Property; 2016, 2017 and 2018
  • Asia IP Experts – Trademarks; 2016 and 2017
  • Ranked among Top 50 licensing lawyers in Asia

Safir Anand has spoken extensively at various conferences including Franchise India, The India Brand Licensing Summit, Melting Pot 2020 and his views on various subjects are widely covered by the media majorly by the Economic Times, The Hindu, HT City, Times of India, The Quint, The Indian Express apart from others.

PUBLICATIONS

Safir Anand contributes in prestigious national/ international publications as 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, Article on sensory trademarks published in ABLJ and more to be quoted.

Archana Shanker

Senior Partner and Head of Department – Patents and Designs

PRACTICE AREA/INDUSTRY FOCUS

Intellectual Property, Patents and Designs

CAREER HIGHLIGHTS

Archana Shanker is the senior partner and head of Anand and Anand’s Patents and Designs practice. Archana has been recognised as an institution in herself when it comes to complex patent prosecution. She is credited with shaping the patent jurisprudence of India. Archana advises the government on IP matters with same assiduity with which she has been working on progressive development of patent jurisprudence of the country.

EXPERIENCE

Behind her is 29 years of dedicated practice in prosecution, litigation and opposition across industries from pharmaceuticals to life sciences, software, ICT, telecom, mechanical, electronics and biodiversity.

Speaking of Archana, IAM says, “Archana Shanker’s ability to advise on patent matters of near infinite variety sets her apart as one of the best-rounded private practitioners. She has a faculty for complex prosecution and litigation, and has cultivated strategic wisdom having handled many matters of first impression in India”.

She is a leading patent attorney for IP strategy, patents and designs prosecution and contentious. She also actively litigates in adversarial proceedings before the patent office, Intellectual Property Appellate Board and Courts.

Big-ticket domestic and international clients rely on her matchless experience and prowess with she leads her team.

She has been a lead counsel in noteworthy judgements involving Monsanto’s Supreme Court judgement, matters involving PREVNAR, Pioneer overseas Corporation (case which paved the way for DNA fingerprinting in case of disputed IPR in plant varieties), Novo Nordisk, Roche, Merck, Sterlite and many more.

THOUGHT LEADERSHIP

Drawing in her rich experience, Archana is a regular speaker/ panellist at national and international forums including LES, GIPC and many other prestigious forums; and is a contributor to India chapter of leading publications such as to Halsbury’s Laws of India, Getting the Deal Through; Patents and Lifesciences, Law Business Research-Life sciences Law Review, BNA’S- Finnegan- Global Patent Litigation Guide and more.

She also features on the editorial panel of LSIPR and her articles are regularly published in various leading industry focused specialized journals including such as Managing Intellectual Property, World Intellectual Property Review, Asia IP Magazine, IAM Magazine and others to be quoted. She is also the editor in chief for our in-house compilation ‘Patents Rewind’ and the blog.

PROFESSIONAL INVOLVEMENT/ MEMBERSHIP

Archana is the first woman president of the Federation Internationale des Conseils en Propriete Industrielle (FICPI) – India Section. She is also Vice-President, North India for Licensing Executives Society International.

She is a part of the advisory board for IAM’s first ever Women in Patents event.

She is an active contributing member of various international bodies such as the Asian Patent Attorneys Association (APAA), Association Internationale pour la Protection de la Propriété Intellectuelle (AIPPI).

AWARDS/ RECOGNITION
  • Asia Women In Business Law Award for 2019 – Euromoney Legal Media Group
  • Women in Business Law (patents) – 2016,2017, 2018 and 2019 (Expert Guides)
  • Top 250 Women IP Professionals, 2016,2017, 2018 and 2019 (MIP)
  • IP Star (patents), 2015, 2016,2017, 2018 and 2019 (MIP)
  • Spotlight for Life Sciences, India – 2016, 2017 and 2018(Chambers and Partners – Asia Pacific)
  • Recognised for patents and Life Sciences – 2015, 2016, 2017, 2018 and 2019 (Who’s Who Legal)
  • Recommended Individual (prosecution) – 2015, 2016, 2017, 2018, 2019 (IAM Patent 1000)
  • Recognised for patents, 2015, 2016, 2017 (Asia IP Experts)
  • Top 100 Powerful Women in Law, 2018 (World IP Forum)
  • Legal Era 6th International IP Conclave and Awards 2019 – Women
BAR ADMISSION AND EDUCATION

Archana is a registered patent agent and member of Delhi High Court Bar Association and Delhi Bar Council. She studies law from Delhi University. She also holds BSc Hons; Post-graduate diploma in Bioinformatics and Post-graduate diploma in Pharmaceutical Regulatory Affairs.