ANAND AND ANAND

The Delhi High Court, in Dassault Systemes SolidWorks Corporation v. Zoneonne Venture Pvt. Ltd., passed an important decision concerning software piracy and digital IP enforcement.   The Court granted a permanent injunction restraining the defendants from using pirated versions of SOLIDWORKS software and directed surrender of all infringing copies and associated equipment. Damages and litigation costs were also awarded in favour of the plaintiffs.   Importantly, the Court recognised telemetry-generated infringement logs and digital evidence generated through “Phone Home” technology as credible evidence for establishing unauthorised software usage. The judgment also reinforces the enforceability of software licensing structures and highlights the commercial and reputational consequences of enterprise software piracy.   The ruling is expected to have wider significance for software enforcement and digital copyright protection in India, particularly in matters involving automated infringement detection technologies and enterprise licensing compliance. The Anand and Anand team comprising Shantanu Sahay, Swastik Bisarya and Manvi Panwar represented the plaintiffs in the matter.   #Copyright #SoftwarePiracy #DigitalIP #SoftwareLicensing #IntellectualProperty #EnterpriseSoftware #DigitalEnforcement #AnandandAnand

An interesting piece by Prachi Agarwal, Partner, and Medha Singh, Associate, examining how copyright law distinguishes between common themes and protectable expression in literary works.   The article discusses the idea-expression dichotomy and examines how courts assess substantial similarity where underlying concepts may overlap, but the treatment and expression differ. Drawing from Indian jurisprudence, it reiterates the principle that copyright protects the expression of an idea, and not the idea itself. It also discusses the relevant provisions under the Copyright Act, 1957, including protection afforded to literary works, the scope of exclusive rights available to copyright owners, acts constituting infringement and the civil remedies available in such cases.   The piece further reflects on the continued relevance of these principles in the context of literary and creative works across evolving content formats and platforms.   Read the full article here: https://lnkd.in/g_YPxWvb   #Copyright #IntellectualProperty #CopyrightLaw #LiteraryWorks #ContentCreation #AnandandAnand  

An interesting piece by Safir Anand, Senior Partner; Omesh Puri, Partner; and Aprajita Nigam, Managing Associate, examining the position of reverse passing off under Indian trademark law. The article discusses the recent Delhi High Court decision in Western Digital Technologies Inc. v. Geonix International Pvt. Ltd. where the Court held that reverse passing off does not constitute an actionable claim under Indian trademark law. It explores whether a broader and more purposive interpretation of passing off may accommodate reverse passing off within Indian jurisprudence, particularly when the underlying commercial harm, misrepresentation of origin, appropriation of goodwill, and distortion of source attribution, remain the same. Read the full article here: https://lnkd.in/gEivJr2A #TrademarkLaw #IntellectualProperty #TrademarkEnforcement #PassingOff #ReversePassingOff #BrandProtection #AnandandAnand

The Anand and Anand team, led by Pravin Anand, Managing Partner, along with Arpita Kulshrestha, Partner, and Ashutosh Upadhyaya, Managing Associate, successfully represented the appellant in Syngenta Participations AG v Controller of Patents and Designs, securing an important ruling on polymorph patents and the interpretation of Section 3(d) in agrochemical inventions. The judgment clarifies that the test of “efficacy” under Section 3(d) is context-specific. In the case of agrochemicals, enhanced functional properties, including improved thermodynamic stability enabling effective performance in high-temperature conditions, may qualify as enhanced efficacy. The Court further clarified that the absence of therapeutic efficacy data would not, by itself, attract the bar under Section 3(d). The ruling is expected to bring greater clarity to the assessment of patentability in chemical and agrochemical inventions, particularly in relation to polymorph patents and Section 3(d). In its decision, the Delhi High Court also set aside the refusal of the patent application, observing that polymorphism is inherently unpredictable and cannot be treated as obvious without proper reasoning and consideration of experimental data. The Court further emphasised the need for the Patent Office to meaningfully assess technical evidence and provide substantiated grounds while examining inventive step. #PatentLaw #IntellectualProperty #PatentLitigation #Innovation #Agrochemicals #Section3D #PolymorphPatents #AnandandAnand

We are pleased to share that Anand and Anand has been recognised as a Tier 1 firm for Intellectual Property in India, in the Asian Legal Business (ALB) IP Rankings 2026, published in their recent edition. The recognition reflects the firm’s work across intellectual property matters, including litigation, enforcement, advisory and strategic brand protection. We thank our clients, colleagues and peers for their continued trust and support. #IntellectualProperty #IPLaw #ALB #ALBRankings #AnandandAnand

We are pleased to share that Anand and Anand has been recognised as a Tier 1 firm for Intellectual Property and Highly Recommended for Delhi and Mumbai in the Benchmark Litigation Asia-Pacific Rankings 2026. Pravin Anand, Managing Partner; Vaishali R Mittal, Senior Partner; Saif Khan, Partner; and Dhruv Anand, Partner, have also been recognised as Litigation Stars 2026. We thank our clients, colleagues and peers for their continued trust and encouragement. #AnandAndAnand #BenchmarkLitigation #Litigation #IntellectualProperty #Rankings

An interesting piece by Lakshmidevi Somanath, Partner, looking at what happens to trademarks that lapse but still carry market value. The article questions whether such marks should simply fall off the register, and explores the idea of a registry-supervised auction system. It looks at how this could help retain commercial value, bring more clarity for businesses and create a more structured way to reuse marks that still have recall. A practical take on how trademark law could better reflect market realities and unlock value from dormant IP. Read the full article here: https://lnkd.in/gBPAjdtj   #TrademarkLaw #BrandProtection #IntellectualProperty #IPLaw #Innovation #AnandAndAnand

An insightful piece by Lakshmidevi Somanath, Partner, on when an e-commerce platform can be held liable for trademark infringement.   The article looks at how the role of online marketplaces is changing, with courts and regulators expecting more active involvement in tackling infringement. It touches on practical aspects such as stronger seller verification, faster takedown processes and better use of IP databases, moving platforms beyond a purely passive role. A sharp take on how marketplace liability is evolving, and what this means for brands and digital platforms navigating enforcement in an online-first world.   Read the full article here: https://lnkd.in/ehY4enJ3   #TrademarkLaw #ECommerce #BrandProtection #DigitalCommerce #IPLaw #AnandAndAnand

An insightful piece by Safir Anand, Senior Partner, and Rashi Chandhoke, Senior Associate, on India’s decision to waive IP filing fees for the sports sector and its wider impact.   The article looks at how India’s IP ecosystem has steadily moved to the centre of business strategy, backed by policy support and rising filings across categories. It highlights the government’s latest move to waive official filing fees for IP registrations in the sports sector for three years—covering trademarks, patents, copyrights and designs—and what this could mean for athletes, leagues, start-ups and sports businesses looking to build and protect their brands.   A useful take on how this step could encourage more structured IP creation in the sports space—opening up stronger monetisation opportunities and long-term brand value.   Read the full article here: https://lnkd.in/g2q97v_e   #IntellectualProperty #SportsLaw #Innovation #IPLaw #BrandProtection #AnandAndAnand

An insightful piece by Safir Anand, Senior Partner, and Ritu Bhargava, Lead Managing Associate, on India’s new online gaming regulatory framework and what it means for the evolving digital gaming ecosystem. The article breaks down how the Promotion and Regulation of Online Gaming Act, 2025, along with the newly notified rules, signals a clear shift in India’s approach to regulating online gaming. It looks at the creation of a central regulator, the distinction between permissible e-sports/social gaming and prohibited online money games, and the increasing focus on user protection, compliance and platform accountability. A timely perspective on how the industry is moving towards a more structured regulatory environment balancing innovation with responsible digital engagement and consumer safeguards. Read the full article here: https://lnkd.in/gRJcwnpA #TechnologyLaw #GamingLaw #DigitalRegulation #OnlineGaming #IPLaw #AnandAndAnand