Pravin Anand is the Managing Partner at Anand and Anand. In a career spanning over four decades, Pravin has been a trailblazer for many unique trends and IP landmarks. He has engendered many firsts including a number of hotly-contested IP infringement matters, writs to overcome administrative failures and remove legal hurdles for innovators, stricter deterrents for wilful repeat infringers and social damages for IP infringements.
From Christian Louboutin to Cartier, from Pharma to Tech majors and from art to entertainment, today, Pravin represents world’s most famous brand owners, leading industries and eminent personalities and artists who rely on his matchless experience in all aspects of Intellectual Property. Pravin has under his belt numerous phenomenal cases which are referred to as landmarks in IP jurisprudence.
He has not just helped clients and industry leaders protect their intellectual property but has also shaped India’s IP jurisprudence with his pioneering endeavours.
His extensive practice spanning all areas of IP including patents, copyright, design, trademarks, litigation, enforcement and dispute resolution has earned him the recognition of “Leading IP Lawyer of the Decade” by a leading business and legal media company.
He is known for his innovative approach in defending innovations and inventions.
By preferring several path-breaking writ petitions like the Ferid Allani case, Pravin has opened up avenues for Multi-National Companies seeking to file patent applications in India for their inventions related to computer programs and get their patents successfully registered.
With his aptitude for advanced technologies, he paved way for conduct of DNA testing in cases where IPR regarding plant variety is under serious dispute.
In a series of pharmaceutical patent cases like AstraZeneca Plc.; Bristol-Myers Squibb, Eisai Co. Ltd., he found answers to complicated questions on Genus and Species patents and won court’s stamp of approval on the phenomenon enabling innovator companies to get a first patent for a break-through technology for its genus-patent and thereafter, species patents within the first patent.
SOCIAL/ REFROMATIVE IP
A true humanitarian and visionary, Pravin has always been alive to trials and tribulations of the masses. He has turned a new leaf in IP jurisprudence by thoughtfully introducing social damages in the realm of IP and contempt jurisdiction by convincing courts to pass unconventional orders unheard of in cases of IP infringement.
While in one case the infringer paid USD 27,917 for cancer research, the Merck tree order came as a masterpiece in this realm with the infringer being told to plant 1,40,000 trees in pollution-stricken Delhi. This was followed by Hermes case where the contemnor trademark infringer was directed to provide wholesome meals to underprivileged children and a continuous supply of sanitary napkins in ten orphanages and ten foster care homes for a period of two years.
Well advised by him, his clients gave up hefty monetary damages for sake of larger public interest.
Pravin is also the force behind Indian courts adopting a stricter approach towards wilful repeat infringers.
Disquieted by massive repeat infringement, he devised an effective deterrent for violators operating as a syndicate thereby heralding an era of aggravated damages in IP jurisprudence. In doing so, he shifted the focus from bona fides of rights-holder to motivations of infringers.
A scale devised by him to compute damages according to intent and position of infringer is now a court-adopted thumb rule for arriving at damages in cases to follow.
His deep appreciation for nuances of innovations in technology and art manifests itself in huge investments he makes in developing IP infrastructure and art to solve his clients’ problems and also continuously educating and updating his firm’s gene pool.
Pravin’s love for IPR and dedication to expand IP knowledge base reflects itself in his several pioneering initiatives like the 'IP Board Game', ‘Brainchild’ which is India's First IP-themed Play, IP Comic- Adventures of Mr. IP and a picturesque coffee table book ‘IPONOMICS’ which compiles all his landmark wins over 40 years.
Pravin, and his firm, is a regular and exclusive India contributor to many prestigious national and international multi-jurisdictional guides like The life Sciences Intellectual Property Law Review, Bloomberg BNA- Life sciences global guide, Halsbury’s and many more.
He also serves on the editorial board of several international IP journals and legal magazines such as CTLR, PLC - Life Sciences, Asia IP, The Patent Lawyer etc besides being a regular speaker at various prestigious fora like the World Intellectual Property Organisation, World Intellectual Property Forum, MIP- International Patent Forum, Global IP Convention, International Association for the Protection of Intellectual Property, International Trademark Association, Licensing Executives Society, International Bar Association; to name a few.
He also encourages his team to conduct seminars to educate law enforcement agencies about IP infringement and strengthen their role as the first step towards IP protection.
He has also appeared as an expert witness before Parliamentary committee to give evidence on amendments to IP laws.
AWARDS AND RECOGNITIONS
Pravin is the First Indian Legal Practitioner to have received the prestigious AIPPI Award of Merit.
He has been recognized as the ‘Leading IP Lawyer of the Decade’ by Legal Era, a prestigious legal and business magazine.
He has been consistently honoured by leading domestic and international publications like IBLJ, Legal Era, Asia Business Law Journal, Managing Intellectual Property, FT, World Trademark Review, Who’s Who Legal, Chambers and Partners, World IP Review, GIPC and IAM.
Pravin has been acknowledged as the ‘Best of the Best’ in Patent and Trademark by Expert Guides and has been consistently regarded by Chambers as ‘Highly Recommended Leading Lawyer’ in Intellectual Property.
Pravin studied Law from Delhi University and was called to the Bar in 1979. He has been practising as an IP lawyer since then.
SOME OF HIS MOST RECENT PATHBREAKING WORKS ARE:
- Ferid Allani vs Union of India- Interprets Section 3(k) Patents Act, 1970; paves way for software patenting in India
- Merck and Hermes case- Heralds era for social damages for IP infringement; Deals with contempt jurisdiction in IP infringement
- Pioneer Overseas Corporation vs Union of India - The writ petition which paved way for DNA testing to ascertain IPR rights regarding plant variety
- Koninlijke Philips N.V & Anr Vs Amazestores & Ors - Landmark judgment with regard to awarding aggravated damages for IP infringers operating as international syndicate
- Christian Louboutin SAS vs Abubaker & Ors - CL’s Red Sole declared Well known Trademark
These are but some of the examples of the tremendously innovative and pioneering work Pravin has undertaken. For more “out of the box” milestones he has created over the years, read through his picturesque Coffee Table book IPONOMICS. To e-view the book, click here https://updates.anandandanand.com/iponomics/
Obviousness is one of the most important tests a patent applicant has to satisfy in order to be entitled to the grant of a patent. While in a large number of countries the test of obviousness has been crystallized, India is on its way to formalizing such a test.
A patent is granted for an invention...
These are exciting times for intellectual property law in India. Over the last couple of years, intellectual property law in India has seen unprecedented activity on several fronts – substantive law, procedural law, interaction with other laws, systemic changes at the governmental level and a...