Our intellectual property rights team would be providing best advice as regards to the Intellectual Property Rights including but not limited to Trademark Laws, Copyright Law, Patent Law, Design Law and Geographical Indications.
Our Team consist of well qualified, well trained and self – sufficient lawyers who have vast experience in providing solutions to legal issues affecting intellectual property like the prosecution of applications for trademark, patent, design, copyright and geographical indications registration(s); management of intellectual property portfolios; domain name disputes; intellectual property due diligence; enforcement actions; third-party infringement; counterfeiting of products matters; assignment & licensing of intellectual property, international trademark filing through Madrid protocol etc.
Intellectual Property Rights
We possess vast experience in handling and offering solutions pertaining to other spheres of intellectual property matters like commercial intellectual property transactions such as Technology Transfer Agreement, Software Licensing Agreement, Brand Protection Agreement, Franchisee Agreement, Assignment Agreement(s); intellectual property litigation matters such as criminal & civil suit(s) for infringement & passing off in District, High and Supreme Court of India. The intellectual property team also works closely with our transactional lawyers on the intersection of intellectual property and corporate issues.
We Specialize in Assisting the Following IP Matters
- Conducting searches under trademark, copyright, design, patent law and geographical registration along with domain names; preparing search reports; advising and execution of strategies to overcome risks associated post preparing a search report(s); expertise in conducting intellectual property due to diligence exercises, market investigations & surveys.
- Drafting, filing and prosecution of applications of Trademarks, Copyrights, Design, Geographical Indications and PCT applications under Patent law(s); Business Processes.
- Filing and prosecution of applications internationally under multiple intellectual property law domains in co-operation with our foreign associates under intellectual property treaties governed by World Intellectual Property Organization (WIPO)
- Filing Oppositions & Counter Statements and Cancellation/Rectification applications under Trademark, Patent, Design, Copyright and Geographical Indication laws.
- Renewal of Domain Names, Trademarks, Copyrights, Design, Geographical Indications and Patent Applications; drafting regular & cease & desist notices.
- Amendment & Attorney change request application under Trademarks, Copyrights, Design, Geographical Indications and Patent Applications.
- Litigation services like a suit for infringement & passing off actions under trademark, copyright, design, geographical indications and patent law along with litigations pertaining to domain name disputes like infringement and misuse actions.
- Commercial intellectual property services like drafting of agreements including but not limited to Franchisee, Licensing, Brand Protection, Brand Development, Technology Transfer, Assignment etc; negotiations with third parties on co-existence agreements and buy-outs.
- Anti-counterfeiting and anti-infringement actions like conducting search, seizure and raids.
- Management of intellectual property portfolio; continuously monitoring with filed applications not only within Interstate but in Intrastate intellectual property offices as well.
- Providing execution strategies & legal opinion pertaining to trademark, copyright, design, geographical indications, patent law(s) and domain names disputes.
- Conducting brand and intellectual property audits including audits on intellectual property management practices adopted by a company.
- Attending hearings in Controller General of Patents, Designs & Trademark office located in Delhi, Mumbai, Kolkata, Chennai & Ahmedabad; attending hearings in Intellectual Appellate Board of India and District, High & Supreme Court of India.
What Does Each Type of Intellectual Property Right Protect?
|Category||Types Of Protection||Works||Examples|
|Trademarks||Protect brands||Anything which identifies the origin of the goods or services||Name, Symbol, Logo, Colour, Sound|
|Copyright||Protect authorship/ creativity||Used extensively for Literary works, artistic work, cinematograph works, musical and sound recording works.||Books, Poems, Blogs, Computer Program, Music compositions, Film, Art Sculpture|
|Patents||Protects the Invention / Inventive Process||The skill or labour produces the idea of a new process/ instrument Can be electrical, mechanical, or chemical in nature||Microwave oven, genetically engineered bacteria for cleaning up oil spills, a computerized method of running cash management accounts, a method for curing rubber|
|Geographical Indications||Protects the origin of the product.||Name or sign used on certain products which links to a specific geographical location or origin||Basmati Rice, Cognac, Use of turmeric for a particular purpose|
|Industrial Designs||Protects the design of an article.||Focused on protecting the visual features of an article, namely its design, shape, pattern or ornament||The shape of a Dyson cyclone vacuum, Shape and design of a Kitchen Aid Mixer|
|Trade Secret||Protects secrets.||Anything that gives a person an advantage against a competitor which can be highly valuable and worth protecting||Documents, Formulas, Unique Practices, Designs, Recipes|
|Domain Names||Protects the name and title of websites||The advantage that gives a user to identify businesses and trade channels being operated upon.||.com
Benefits to START Up(s) & MSME(s) under Intellectual Property Rights Regime
Govt. of India introduced Start Up(s) (2015) and Micro, Small, Medium Enterprises (2006) to promote, create and enhance employment opportunities, business growth and boosting the economy of India. Such an introduction later turned out to be a successful venture by the Government of India. Both, Startups and MSME have known to be effervescent economies of the corporate industry of India.
As per Government of India research studies, it was revealed that various Start Up(s) and MSME(s), in order to set up and run their businesses effectively utilized all their funds invested or infused by their Angel Investors and are left with nothing to protect and secure their intangible assets under IPR laws. To curb this frequent issue faced by Start Up(s) & MSME(s), Government of India introduced up to 80% rebate in filings under IPR laws. The said Govt. of India also introduced other benefits like fast-tracking of startup patent applications, panel of facilitators to assist in filing of Intellectual property applications and Government to bear facilitation cost.
We provide any and all necessary assistance to Start Up(s) and MSME(s) from setting up their Start-up(s) & MSME(s) to getting their pool of IPR(s) protected and secured ranging from Trademark, Copyright, Design, Patent, and Geographical Design at a lesser cost in comparison with other firms across India. Our team is capable and competent enough to get the required registrations in the Company’s name in a hassle-free process, less time and cost-effective manner further promoting the aim and objectives set by Government of India in this regard.