We assist through a comprehensive range of services including patents, trademarks, copyrights, designs and other allied laws. The spectrum ranges from conceptualisation to enforcement and from negotiations to creation of complex corporate structures based on intellectual property. We specialise in identifying intellectual properties and advising on the spectrum of protection that is available for it under Indian law.
We specialise in conducting searches for patents that may offend the scope of one’s own property or keep a standing watch on activities of competitors. Analysis of results are critical and this is also where we provide value to our clients. The different types of patents and non-patents searches in which we specialise are patentability search, patent validity/invalidity search, Freedom to Operate (FTO) search, infringement search, State of the Art Search, and patent landscape search.
We have extensive experience in a variety of technology domains including software, electronics, telecommunications, wireless communication technologies, semiconductors, biomedical devices, pharmaceuticals and petrochemical, chemical, electrical, and mechanical engineering. We also assist in conducting trademark clearance searches, imbibing an understanding of the importance of adoption and inception of trademarks to business. We render our advice based on both the legal principles as well as our experience in handling prosecution. We help businesses make the best decisions for their company that is not limited to merely reporting the results.
Where a creation/invention is found to be a fit subject matter for a patent, several specialised and skilled resources are required to ensure proper protection. A specification and claims to scope require drafting which itself is a specialised activity and requires a thorough understanding of laws of major jurisdictions, forming precedents in India. Our patent attorneys identify, draft and prosecute patent applications in the fields of software, electronics, telecommunications, wireless communication technologies, semiconductors, biomedical devices, pharmaceuticals, and petrochemical, chemical, electrical, and mechanical engineering. For trademark aspects, we regularly assist our clients in drafting specification for goods and services that adequately covers the existing and future business areas, while ensuring optimal protection.
We have vast experience in the prosecution of patent and trademark applications before the Patent Offices and Trademarks’ Registry across all facets of technology and business. We represent overseas and Indian clients in all four patent offices (Chennai, Delhi, Kolkata and Mumbai) and five Trademarks Registries (Ahmedabad, Chennai, Delhi, Kolkata and Mumbai) in India. Prosecution, maintenance of trademarks and patents and post registration/grant requirements are generally managed from our office in Delhi, and matters are effectively handled and concluded in all jurisdictions.
Several international conventions have been signed by India, particularly relevant in the context of patent and trademark procedures are the Paris Convention, the Patent Cooperation Treaty (PCT) and the Budapest Treaty. Each of these essentially provide mechanisms and procedures for filing and prosecution. Our intellectual property attorneys fully appreciate the width that these procedures afford and use them to provide maximum flexibility for our clients. We track all the deadlines electronically and advise clients well in time for pending actionable items.
We have extensive experience in handling contentious proceedings such as oppositions and cancellations before the Patents Office, Trademarks Registry and the Intellectual Property Appellate Board. Such proceedings require deft handling of not just IP issues and procedure but an overall knowledge of handling evidence and civil procedure. Our lawyers are adept and highly experienced in handling such proceedings.
Selection of jurisdiction is a crucial activity since failure to protect could mean loss of property rights in the omitted jurisdiction. We advise our clients in selection of foreign jurisdictions in which protection should be sought by assisting them in addressing issues such as scope of protection, intention to exploit, and position of law in aspects such as obligation to work and compulsory licensing. For obtaining and enforcing intellectual property rights, we work with a robust network of law firms who have been carefully selected based on their capabilities and reasonable fee structure.
We also have a network of counsels in the Asian subcontinent who address patent and trademark applications and prosecution matters for overseas clients in Nepal, Bangladesh, Pakistan, Sri Lanka, Malaysia, Thailand, Singapore and Maldives. Similarly, the Firm represents Indian clients in their efforts to obtain patent, design and trademark registrations in other jurisdictions, particularly the US, EU, Middle East, South East Asia and Japan.
Intellectual property enforcement and litigation forms an integral and important component of our IP Practice. We handle intellectual property litigation matters in courts in India involving patent and design infringement, trademark infringement; trade dress and trade name violations, passing off, copyright, and other forms of intellectual property violations including protection of confidential information and domain name disputes.
Pre-litigation advice and formation of strategy is of significant importance in achieving the desired results and being cost effective. Conducting investigations (through chosen private investigators) for collection of information and evidence, assessing the strength of evidence and providing strategic counsel on the approach to litigation is an integral part of our practice and we appreciate the needs of our corporate clients to have such strategy in place well before any action is initiated.
We do realise the importance of negotiations in obtaining the desired results and favourable settlements on behalf of our clients. Drafting and serving effective legal notices, chasing the misusers, obtaining undertakings to bring effective closure are all part of larger strategy we specialise in, and we bring a cost effective and assertive way of tracking misuse and violations.
We work extensively in transfer of technology transactions, both on behalf of the licensor and licensee, and therefore are in a position to offer advice from both perspectives. We routinely advise clients in structuring of franchises, on transactions involving sale of trademarks along with other assets, licensing of content, software development agreements, technology transfers and patent and know-how licenses. Complex issues of ownership and documentation arise where parties undertake collaborative efforts. We do not believe in offering our clients off-the-shelf legal products but use our own creative resources to customise deals. Other aspects such as those relating to trade secrets are carefully attended to in view of the developing case law in India.
We are equipped to carry out intellectual property audits for our clients wherein we would, in addition to other aspects, look into the documentation of the existing portfolio, uncover unprotected intellectual properties that clients may be interested in securing protection for, review documents of ownership, suggest structures and procedures to be adopted to minimise loss of intellectual assets, and equip management to take decisions on leveraging its intellectual property.
We actively engage in policy and regulatory work in India on behalf of many of our clients in the area of IP laws. We work closely with industry chambers in putting together briefs for future reforms. In partnership with industry and government, we have been closely involved in shaping regulatory policy and spearheading legal reforms in India including the laws relating to data theft and the existence of cartels.
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