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Thought Leaders

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Thought Leader

WWL Ranking: Global Elite Thought Leader
WWL Ranking: Thought Leader

Questions & Answers

Pravin Anand, managing partner of Anand and Anand, completed his law studies in New Delhi in 1979 and has practised as an IP lawyer since then. He has been a counsel in several landmark IP cases, including those involving the first Anton Piller order (HMV); the first Mareva injunction order (Philips); India’s first SEP litigation in a DVD player technology matter (Philips); pre-suit mediation litigation involving Nokia; the first Norwich Pharmacal order (Hollywood Cigarettes); moral rights of artists (Amarnath Sehgal); the first order under the Hague Convention (Astra Zeneca); and several significant cases for pharmaceutical clients such as Monsanto, Merck, Novartis, Pfizer and Roche, along with many others. He has received the National Innovation Foundation Award from the Indian government in recognition of pro bono work for rural innovators at grassroots level.

What inspired you to pursue a career in the law?

Intellectual property law was a family profession as my grandfather had founded the firm in 1923. Initially, I was interested in pursuing chemistry as a career, but was later persuaded by my father, being the only child, to not give up the family profession.

What do you enjoy most about practising in the life sciences space?

The most fascinating thing about life sciences is the way in which everybody is able to identify with the subject matter. Thus, for example, it is easier to capture the interest of a listener – be it a judge or a policymaker – in relation to the human body and how drugs work than to explain communication concepts in the telecoms area. People like hearing or reading about the organs of the body, cells, bacteria and viruses, and learning more and more about genes and their role in producing proteins, and the characteristics that such proteins give us.

What qualities make a successful patent litigator?

A patent litigator must, of course, understand both science and the law and to a great extent, must be a good communicator. He or she must know how to demystify the science and explain things in simple English. This becomes particularly difficult with concepts that cannot be visualised well, and then analogies, statistics and comparisons help. Tools such as PowerPoint presentations, animations, infograms, etc, are also a great help. Apart from simplicity, judges love a lot of colour. So, a successful litigator must make things interesting to keep the judge’s interest alive.

How has the development of technology impacted the patents space since you first began practising?

Technology has changed everything. First, the very subject matter of patent lawsuits has become so much more complex. Second, the internet has provided a lot of information that can be used in a very positive way by a patent litigator. Third, the courts are e-courts, so judges use computers and real-time searches rather than ploughing through thick files. Courts sometimes use video-conferencing to cross-examine witnesses who are not available. Email, SMS and WhatsApp can be used to serve parties, saving a tremendous amount of time; docketing, calendar and case-management systems can be used to manage cases better and move them along. Thus, technology is helping every aspect of decision-making and dispute resolution.

What do you think will be in the greatest challenge facing the next generation of IP lawyers?

The interest in IP is so large that there is an explosion of IP lawyers, though I am sure there will be enough work for all of them. What is likely to happen is more time will eventually be spent on a particular matter, with far greater granularity and in-depth analysis, resulting in a much higher fee charged. Perhaps this may be highly satisfactory for clients, but it would increase the cost tremendously and the only way that could this be compensated is if the damages culture develops uniformly and proportionately. There would also be a lot of demand for mediation, including pre-litigation mediation – so that even in big cases a new breed of dispute resolution experts would develop, and they would be leaders in non-litigation practices.

As managing partner of the firm, what are your priorities regarding its development over the next five years?

As the managing partner of the firm, there would be three main priorities for the next five years. First, to keep existing clients happy and to grow clients at a reasonable pace. Second, to keep our lawyers well coordinated in our tightly knit family. Third, to help develop the law in a healthy fashion, so that it not only satisfies our clients but brings good economic benefits to the country as a whole.

What is the best piece of advice you have ever received?

Some of us partners in the firm were planning a trip to Kashmir, and there was an armed insurgency creating fear for our trip. An eminent lawyer gave the advice that his schoolteacher had once given him: “Cowards die many times before their deaths; the valiant never taste of death but once” (from Julius Caesar). But for the welfare of all, we cancelled the trip. The phrase, however, is particularly relevant for a litigator, as you need to be brave at every step of the journey.

What is your proudest achievement to date?

My proudest achievement is for others to judge. Some say it is my speaking success in more than 80 countries; others point to the way we have pushed the envelope in developing IP law in India. Still, others point to creative things done in the firm to promote IP, such as the board game, the comic book, moot court competitions, etc. But in my view, my proudest moment (more a moment than an achievement) came in my meetings with the Dalai Lama and Mother Teresa.

Global Leader

WWL Ranking: Recommended

WWL says

Pravin Anand is a seasoned figure in the space and a go-to practitioner for complex IT project development and delivery at domestic and cross-border levels.

Biography

Pravin Anand, managing partner of Anand and Anand, focuses on intellectual property, litigation and dispute resolution.

He has practised as an IP lawyer since completing his law studies in New Delhi in 1979.

He has been counsel in several landmark IP cases, including those involving the first Anton Piller order (HMV); the first Mareva injunction order (Philips); the first Norwich Pharmacal order (Hollywood Cigarettes); moral rights of artists (Amarnath Sehgal); the first order under the Hague Convention (AstraZeneca); and several significant cases for pharmaceutical clients such as Merck, Novartis, Pfizer and Roche. He received the National Innovation Foundation Award from the Indian government in recognition of pro bono work for rural innovators at the grassroots.

Mr Anand has co-authored two volumes of Halsbury’s Laws of India on intellectual property and authored the India chapter in Copyright Throughout the World. He also serves on the editorial board of several international IP and legal publications, including CTLRPLC – Life SciencesAsia IPThe Patent LawyerWho’s Who Legal and Lexis Nexis Asia IP Guide.

Mr Anand was the first Indian legal practitioner to receive the AIPPI Award of Merit, and was also named Most Innovative Lawyer: Asia Pacific at the FT Innovative Lawyers Awards (2015). He features as a leading lawyer in the patents and trademarks sections of Managing Intellectual Property: IP Stars (2015–2017); Chambers and Partners (2015–2017); IAM 300 (2016–2017); Best of the Best (2015–2016); WTR 1000 (2015–2017); Who's Who Legal: Patents (2015–2017); Who's Who Legal: Trademarks (2015 and 2017); WIPR Leaders (2016–2017); IAM Patents 1000 (2015–2017); Legal Era (2015–2016); The Legal 500 (2015–2016); and Asialaw (2015–2017).

WWL Ranking: Recommended

WWL says

"Fabulous lawyer" Pravin Anand is a widely recognised IP litigator who stands out as one of the top names in India.

Biography

Pravin Anand, the managing partner of Anand and Anand, is a highly acclaimed IP lawyer with over 40 years' experience.

Mr Anand has strengthened India's IP jurisprudence with a practice encompassing all areas of IP litigation including patents, copyright, design, trademarks, enforcement and dispute resolution.

His recent landmarks include the Merck and Hermes cases, heralding era of social damages for IP infringement; the Ferid Allani case on software patenting; the Pioneer Overseas Corporation case, which paved way for DNA testing in disputed IPR on plant varieties; Philips v Amazestore, which saw a landmark judgment on aggravated damages for international syndicate of IP infringers; Philips v Rajesh Bansal, India's first post-trial SEP judgment; and the Merck v Glenmark case, the first patent law suit to be decided in the plaintiff’s favour post-trial under the Patents Act.

He 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 law suit.

Representing some of the world’s biggest pharmaceutical companies, Mr Anand has found answers to complicated questions on genus and species patents.

He is the co-author of Halsbury’s Laws of India on Intellectual Property, a regular contributor to legal publications including The Life Sciences Review, The IP Review and Bloomberg BNA's Life Sciences global guide. He also serves on the editorial board of CTLR, PLC – Life Sciences, Asia IP and The Patent Lawyer, and is a regular speaker on IP.

His professional associations cover presidentship of AIPPI Indian Group; APAA Indian Group; FICPI Indian Group; and INTA board membership.

Mr Anand has been recognised as the “Most Innovative Lawyer – Asia Pacific” by FT and awarded the “Leading IP Lawyer of the Decade” and two Lifetime Achievement Awards by Legal Era.

The first Indian legal practitioner to win AIPPI's Award of Merit, he is consistently honoured by IBLJ, Asia Business Law Journal, MIP, WTR, WWL, Chambers, World IP Review, GIPC and IAM.

Mr Anand studied at Delhi University and was called to the Bar in 1979.

Life Sciences - Regulatory 2020

Professional Biography

WWL Ranking: Recommended

WWL says

Pravin Anand is an IP specialist renowned for his deep regulatory knowledge across the life sciences sector.​

Biography

Pravin Anand, the managing partner of Anand and Anand, is a highly acclaimed IP lawyer with over 40 years' experience.

Mr Anand has strengthened India's IP jurisprudence with a practice encompassing all areas of IP litigation including patents, copyright, design, trademarks, enforcement and dispute resolution.

His recent landmarks include the Merck and Hermes cases, heralding era of social damages for IP infringement; the Ferid Allani case on software patenting; the Pioneer Overseas Corporation case, which paved way for DNA testing in disputed IPR on plant varieties; Philips v Amazestore, which saw a landmark judgment on aggravated damages for international syndicate of IP infringers; Philips v Rajesh Bansal, India's first post-trial SEP judgment; and the Merck v Glenmark case, the first patent law suit to be decided in the plaintiff’s favour post-trial under the Patents Act.

He 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 law suit.

Representing some of the world’s biggest pharmaceutical companies, Mr Anand has found answers to complicated questions on genus and species patents.

He is the co-author of Halsbury’s Laws of India on Intellectual Property, a regular contributor to legal publications including The Life Sciences Review, The IP Review and Bloomberg BNA's Life Sciences global guide. He also serves on the editorial board of CTLR, PLC – Life Sciences, Asia IP and The Patent Lawyer, and is a regular speaker on IP.

His professional associations cover presidentship of AIPPI Indian Group; APAA Indian Group; FICPI Indian Group; and INTA board membership.

Mr Anand has been recognised as the “Most Innovative Lawyer – Asia Pacific” by FT and awarded the “Leading IP Lawyer of the Decade” and two Lifetime Achievement Awards by Legal Era.

The first Indian legal practitioner to win AIPPI's Award of Merit, he is consistently honoured by IBLJ, Asia Business Law Journal, MIP, WTR, WWL, Chambers, World IP Review, GIPC and IAM.

Mr Anand studied at Delhi University and was called to the Bar in 1979.

Patents 2019

Professional Biography

WWL Ranking: Recommended

WWL says

Pravin Anand is a leading figure in the Indian IP market who commands great respect from peers for his ability on cross-border patent litigation.

Biography

Pravin Anand, managing partner, completed his law studies in New Delhi in 1979, and has since been practising as an advocate and a patent and trademark attorney.

Mr Anand has been a counsel in several landmark IP cases, including the first Anton Piller order (HMV cases); the first Mareva injunction order (Philips case); the first Norwich Pharmacal order (Hollywood Cigarettes case); India's first framing case (TATA diamonds case); the first order under the Hague Convention (Astra Zeneca case); and India’s first post-trial patent decree in favour of a patentee after a highly contested trial, reversing earlier erroneous case law (Merck v Glenmark Sitagliptin).

He chairs the Indian government’s IPR promotion advisory committee and FICCI’s IT committee. He is the past president of the Asian Patent Attorneys Association; a former director on the board of INTA (2006–2008); and current president of AIPPI and FICPI (Indian group). He has appeared as an expert witness before parliamentary committees to give evidence on amendments to trademark, patent and copyright laws.

Pravin is a co-author of two volumes of Halsbury's Laws of India on Intellectual Property and serves on the editorial board of several international IP journals. He authored the India chapter in Copyright Throughout the World, and has spoken at various forums. He has featured in the Financial Times “Most Innovative Lawyers” report (2015), and is the first Indian practitioner to receive the AIPPI Award of Merit. Pravin is also listed in Expert Guides’ Best of the Best: PatentsManaging Intellectual Property: IP StarsIAM Patent 1000WTR1000Who's Who Legal: PatentsWho’s Who Legal: TMT; Chambers (band one for intellectual property: litigation); The Legal 500Asia IP Experts; and Asialaw Leading Lawyers.

WWL Ranking: Global Elite Thought Leader
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