Intellectual Property
Law Firm

Functioning in India

Dedicated.

Intellectual Property Law

Intellectual property (IP) law is a set of rules that protects creative and innovative works, such as patents, trademarks, copyrights, industrial designs, geographical indications, trade secrets and more about innovations. The purpose of these laws are to encourage innovation and creativity by giving creators and owners of IP an exclusive legal right to their creation.

Trademark, patent, industrial design, copyright, geographical indication (GI) and trade secret laws protect businesses’ products or services, inventors’ inventions, product appearance, creative works, products associated with specific geographic locations, and confidential business information. Intellectual property laws also apply to the internet, including domain name disputes and online copyright infringement.

IP law is complex and constantly evolving. Hence, it is important for individuals and businesses to understand how these laws apply to their specific business and situations in order to effectively protect and leverage their IP assets.

Trademark

A trademark is a form of intellectual property recognized under IP law. It serves to distinguish the goods or services of one business from those of others. A trademark can be a word, phrase, design, symbol or any combination of these elements. Distinctiveness of a trademark is the key to recognize specific goods or services of one business.

Copyright

Copyright is an exclusive right to the authors or creators of ‘original works of authorship’ which include literary, dramatic, musical, architectural and other creative or artistic works. Copyright law gives authors or creators exclusive right to make and sell copies of their work, the right to create derivatives and adaptations of the work, and the right to perform or display the work publicly. In effect, copyright protects the expression of ideas rather than the ideas themselves.

Patent

A patent is a set of exclusive legal rights granted by the legal authority of a government to an inventor or assignee for a limited period of time for the invention or discovery of a new and useful article of manufacture, machine or composition of matter, or a new and useful improvement thereof. A novel product or a process for preparing a product are patentable in India. Mathematical or business method or a computer programme per se or algorithms or software are not patentable in India.

Industrial Design

Industrial design in law terms refers to the protection of the external features of a product, its shape and appearance. Industrial design rights are intended to reward the creators and manufacturers of functional products with a competitive edge, such as industrial machinery, furniture, toys, home appliances, and more. A registered industrial design obtains a legally enforceable exclusive right.

Geographical Indication

Geographical indication (GI) refers to an indication used on goods that identifies a product originating from the territory, region or locality of a particular country, where a given quality or other special characteristics of the product are attributable to its geographical origin. GI law protection ensures the exclusive rights of the indicated origin to prevent the use of those indications by unauthorized entities.

IP Registration Procedure

Intellectual property (IP) registration requires compliance with numerous national and international laws. To obtain certification for IP such as trademark, patent, industrial design, or copyright, businesses or inventors must complete the statutory procedure in the defined modus operandi with the relevant governing body. The process includes searching for prior existence, applying to the governing body and satisfying eligibility criteria established by the governing body. The claim for the specific IP right will undergo the step by step procedure flow in accordance with the applicable law. Upon acceptance of the claim, the statutory body awards the certification. IP rights holders must protect their IP through monitoring, enforcement, and renewal measures.

Trademark Opposition Procedure

Opposition Procedure is a process by which any person who is of the opinion that IP rights have been allegedly affected can file written objection in the form of notice of opposition to a pending registration of a trademark. The applicant of the trademark may respond to the opposition if any by filing of counter statement, defending the registrability of his/her trademark and accordingly, the decision to grant registration to the opposed Trademark lies with the Trademark Statutory Body, which scrutinises on the merit of each matter before it, on the basis of applicable law in the specific context.

Cease & Desist Notice

A Cease and Desist Notice is a legal document sent to a Person to stop alleged infringement of the registered Trademark or alleged passing off of the Trademark which is under process of registration (“cease”) and not to restart it (“desist”).

IP Litigation

P Litigation is a type of civil as well as criminal law for disputes related to intellectual property rights and protections.

A major portion of IP Litigation involves Person seeking to protect and enforce their intellectual property rights in order to maintain their competitive edge, through application of law as an appropriate remedy.

The Firm

We are a Firm of specialized professionals in the field of Intellectual Property Rights (IPR) law practices. Our objective is to provide expert legal consulting and representation to clients in the areas of trademark, copyright, patent, industrial design and other forms of intellectual property requirements. The firm aims to protect and enforce clients’ legal rights to their creations and inventions. We are focused to help clients to navigate the complex laws and regulations relating to IPR, IP licensing and IP due diligence. The mission of our firm is to safeguard clients’ intangible assets and help them to maximize the value of their Intellectual Properties used in the business.

Intellectual Property Law Firm

Functioning in India