IP Laws                                                                    

SPECIALIZATION AND KEY AREAS OF PRACTICE


Patents:

Validity Based On: Novelty, Inventive Step and Industrial Applicability

Exclusive Rights Granted: Exclusive privileges/rights to innovators of new products/process (technological
 advancements)  having industrial utility/application to manufacture and use the advancement claimed.

Period of Such Exclusive Rights:  Maximum 20 Years subject to maintenance.

Nature of Specializations Involved:

• Experienced drafting of the complex techno-legal patent specifications in diverse fields ranging from consumer items, pharmaceuticals, herbal, electronic & electrical, biotechnology, natural & synthetic composites, chemicals, hardware activating / featuring industrial product / processes with software based functions with knowledge base of the patent laws and practice in India and abroad with a view to have the best possible global coverage of innovations in India and abroad.

• Analytical mindset to transform basic research based findings to a viable Intellectual Property based on national / regional laws and guiding research and development to meet today’s need for highly competitive and commercially viable Research and Development.
  

• Proven expertise in meeting prosecution requirements especially by way of strategic amendments as and when required for obtaining grant and also in strategizing/handling contested patent matters in India and abroad even under the advanced systems such as USPTO, EPO, UKPTO, Japanese Patent Office, German Patent Office and the PCT International Application and its prosecutions before the International Authorities and in the National Phase.

• Strategic preparation of all techno-legal briefs in contested proceedings in patents and interpretation of the scope and coverage based on principles and practice of interpretation and scope of patent claims and their validity;

• Preparation of legal briefs and Representations before Controller/ Courts in India , taking responsibilities to organize /strategies legal actions or defend legal actions on behalf of clients by retaining and consulting Sr. Counsels and strategizing similar actions outside India.

• Opining on matters of infringement and enforcement of IP and taking appropriate legal actions;

• Maintenance and renewal of patents;

Trademarks: 

Validity Based On: Distinctive character of mark.

Exclusive Rights Granted: Exclusive rights to use allowed to the honest and bonafide adopter and user of branded / trademarked products.

Period of Such Exclusive Rights: Initially 10 years and can be continued thereafter subject to maintainace of registration.

Nature of Specializations Involved:

• Advising on the relevance and extent of coverage under trademark registrations in India and abroad;

• Processing Trademark searches for the purpose of registration as well as infringement issues and opining in the matter;
  

• Strategizing global coverage of trademarks;
  

• Maintenance and renewal of trademarks; 

• Preparation of legal briefs and Representations in trademark Oppositions / Cancellations in India and strategizing similar actions outside India in consultation with foreign associates.
  

• Designing of logos/trade marks
  
  

REGISTRATION OF GEOGRAPHICAL INDICATIONS: 

The Geographical Indications of Goods (Registration and Protection) Act, 1999 now provides for the statutory protection of geographical indications of Goods. 

What Qualifies as Geographical Indication: An indication of any special quality/reputation/characteristics which indicates origin of the Goods from a definite Geographical Territory by way of Production / Processing in that territory. 

Examples of Possible Geographical Indications of Goods:

• Basmati Rice

• Darjeeling Tea

• China Silk

• Dhaka Muslin 

• Nagpur Orange 

Industrial Designs:  

Validity Based On: Novelty or Originality in a Design applied to a product to add aesthetic value.

Exclusive Rights Granted: Providing exclusive copyright to apply such designs on product/articles covered to claimants of new / original designs .

Period of copy Rights: Maximum 15 Years.

Nature of Specializations Involved:

• Assessing the scope of protection of industrially applicable new / original shape, configuration or ornamental patterns of articles under the Designs law;

• Opining on need for single or multiple coverage for effective protection and ascertaining views of the design for such purpose;
  

• Preparation of legal brief and representing in design cancellation proceedings and infringement issues;
  

• Maintenance of copyright in Regd. Designs.

Copyright On Artistic, Literary and Musical works:  

Validity Based On: Usually originality of the work. 

Exclusive Rights Granted: Allowing copyright/ reproduction rights to owners of original literary, artistic, performing arts and musical works.

Period of Such Exclusive Rights: During lifetime of the author and further usually 60 years thereafter for periods depending upon the work concerned.

Nature of Specializations Involved:

• Registration and enforcement of original works of authorship / creation such as literary works including computer software and artistic creations such as engineering drawings etc.
  
  

  

• Drafting patent specifications meeting international standards for grant in India and abroad.
   

• Guiding R&D in generation of highly specialized patents law complying data / drawings on new technical advancements.
   

• Guiding R&D centers / Inventors in maintaining of log books on Inventions and Technical advancements to records stages of scientific advancement leading to an invention to establish priority as first to invent.
   

• Conducting watch searches on patents and design registration to track cases accepted and registered from time to time.
   

• Preparing briefs and case details / presentation strategizing and appearances in contested proceedings before controller / registry and / or various courts.
   

• Preparation of intellectual property policy documents for the trade / industry / educational / R&D centres.
   

• Analyzing design features to effectively retain copyright in new / original designs.
   

• prepare agreements / documents for devolution of various intellectual property rights and its registration including transfer of technology / know-how agreements, etc.
   

• Registration and enforcement of Intellectual property rights in India and abroad.