Anand and Anand

IAM Research

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Highly-recommended - Firms: prosecution

Highly-recommended - Firms: litigation

Considered “one of the best firms in India for IP matters” by rights holders locally and abroad, Anand & Anand is the only outfit to feature at the top of both the litigation and prosecution tables. The practice’s unrivalled reputation derives from the hard work of the patents and design team, whose members have dedicated themselves to perfecting their service offerings over more than four decades. Throughout his illustrious career, “eminent lawyer” Pravin Anand has made invaluable contributions to the Indian IP scene while representing some of the world’s largest corporations in numerous landmark cases. A respected voice in the country when it comes to FRAND matters, Vaishali Mittal is credited with prevailing in India’s first post-trial SEP judgment. Mittal has recently been working alongside Pravin in high-stakes litigation for a leading pharmaceutical company. Dhruv Anand makes his second appearance in the IAM Patent 1000 this year. His dispute resolution and litigation skills are regularly sought out by companies such as Monsanto and Pharmacyclics, as well as several luxury brands. Neeti Wilson is a force to be reckoned with in the non-contentious space. A passionate defender of patent rights and the environment alike, she participates in regional and international conferences to spread awareness of IP and biodiversity issues. One of the most successful female practitioners in the market, Archana Shanker leads the patents and design team.

Firm Profile

Anand and Anand is a leading Tier 1 IP law firm with a worldwide reputation for its innovative solutions resulting in groundbreaking developments in IP jurisprudence. The firm caters to the widest array of domestic and international big-ticket clients, from leading luxury to consumer goods brands, bio-tech, pharma, telecom and mechanical to tech majors – to name a few.

Practice areas

  • Patents and designs 
  • Litigation and dispute resolution 
  • Trademarks
  • Copyrights 
  • Plant variety and biodiversity 
  • Media and entertainment
  • Advertising and product liability
  • Packaging and labelling
  • Art and fashion
  • Essentiality evaluation
  • Franchising
  • Sports law 
  • Brand strategy 
  • Geographical indications 
  • Competition law 
  • Contractual and commercial intellectual property 
  • Trade secrets
  • Licencing 
  • Customs

The firm’s litigation arm handles infringement, passing off and counterfeiting disputes, domain name enforcement, and trademark dilution and has decades of experience in dispute resolution.

Anand and Anand has a successful track record of patent grant, including defending invalidity challenges before the Indian Patent Office and the Intellectual Property Appellate Board. It recorded 1800-plus successful trademark oppositions recently. With a vision of “360 degrees IP & Beyond”, the firm is credited with transforming the Indian IP enforcement regime by bringing the best jurisprudence from developed common law nations, addressing administrative and procedural bottlenecks and spreading IP awareness.

Landmark cases

The law books are rife with landmark cases handled by Anand and Anand. The firm has been at the top of the game by going beyond the done thing. Recent high points include:

  • patent law suits that the transformed pharmaceutical and bio-technology enforcement regime in India including Merck v Glenmark, Roche v Cipla, the Monsanto case and a large number of other suits on behalf of Pfizer, BMS, AstraZeneca – among other companies; 
  • India’s first anti-anti-suit injunction order (InterDigital v Xiaomi); 
  • India’s first software patent law suit conferring protection (Ferid Allani case); 
  • development of a damages culture in large number of cases (Philips v AmazeStore); 
  • India’s first post-trial SEP judgment (Philips v Bhagirathi); 
  • development of unique remedies, such as the “Tree Planting Order” (Merck case); and 
  • order benefitting adolescent girls (Hermes case).

The firm successfully secured patent protection for Nivolumab after six oppositions, ertugliflozin, Delgocitinib for Japan Tobacco and Luseogliflozin for Taisho after several pre-grant oppositions. It also successfully defended several information and communication technology (SEP) patents and mechanical inventions before the Indian Patent Office.

Other firsts

  • John Richard Brady case – recognised breach of confidentiality as a separate tort
  • Christian Louboutin case – protected RED SOLE as single-colour trademark
  • Deere & Co v Malkit Singh – India’s first judgment recognising colour combination (John Deere’s green and yellow) as a trademark 
  • HMV Gramophone Co case – first Anton Piller order 
  • Philips case – first Mareva injunction order 
  • Pre-suit mediation litigation involving Nokia
  • First Norwich Pharmacal order (Hollywood cigarettes) 
  • Amarnath Sehgal v UoI – first order upholding moral right of an author under the Indian Copyright Act
  • First order under The Hague Convention (Astra Zeneca) for collecting overseas evidence in India
  • Glenfiddich case (against McDowell) – a great order for protecting trade dress in India
  • Bandit Queen case – first of its kind where a woman bandit called Phoolan Devi received protection for her right of privacy by deletion of certain objectionable portions in the film Bandit Queen
  • Najma Heptullah v Orient Longman – brought up interesting questions of joint authorship under copyright law

Spreading the message of intellectual property

Outside courtrooms, the firm spreads IP awareness through:

  • The Raj Anand Moot Court Competition since 1997;
  • ‘Anaryst’ – an IP board game;
  • ‘Brainchild’ – the first IP-themed play;
  • Adventures of Mr IP – an IP comic;
  • IPONOMICS – a coffee table book;
  • IP Thinker – a digital newspaper celebrating World IP Day 2020; and
  • Patent Rewind – an annual encapsulation of developments in Indian IP jurisprudence.

Recognitions

  • Managing Intellectual Property (MIP) – IP Stars – Tier 1 across all tables – 2015-2020
  • MIP Asia Awards – Firm of the Year (Patent Contentious) – 2018-2020
  • IAM Patent 1000 – Gold Band Firm – Enforcement and Litigation, Prosecution and Strategy – 2015-2020
  • WTR 1000 – Gold Band Firm – Enforcement and Litigation, Prosecution and Strategy – 2015-2021

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