Practice Areas | Intellectual Property Law Service

1. Copyright Law

Copyright protection extends to original works of authorship, safeguarding the rights of creators in their literary, dramatic, musical, and artistic works. Our services under the Copyright Act, 1957 are designed to ensure that the rights of authors and creators are statutorily protected and commercially leveraged.

Advisory and Registration Services:

• Subsistence of Copyright:

  We provide legal opinions on the subsistence of copyright in various works, including literary works (books, articles, software code), artistic works (paintings, sculptures, photographs), musical works, cinematograph films, and sound recordings.

• Ownership of Copyright:

  We advise on the determination of the first owner of the copyright, particularly in complex scenarios such as works made in the course of employment or under a contract of service.

• Registration of Copyright:

  While copyright protection is automatic upon the creation of a work, we facilitate the registration of copyright with the Copyright Office, which serves as prima facie evidence of the particulars entered in the Register of Copyrights.

• Assignment and Licensing:

  We draft and vet agreements for the assignment and licensing of copyright, ensuring that the terms are clear, unambiguous, and protective of the creator's rights, including the right to receive royalties.

Enforcement and Litigation:

• Infringement Actions:

  We represent clients in civil and criminal proceedings against the infringement of copyright. This includes instituting suits for injunctions, damages, and accounts of profits.

• Anton Piller Orders:

  In appropriate cases, we seek Anton Piller orders (orders for search and seizure) to preserve infringing evidence.

• Moral Rights:

  We advise on the enforcement of the author's special rights, also known as moral rights, which include the right of paternity and the right of integrity.

2. Trademark Law

A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. Our services under the Trade Marks Act, 1999, are aimed at the protection and management of brand identity.

Advisory and Registration Services:

• Trademark Search and Opinion:

  We conduct comprehensive searches of the Trade Marks Register and the market to ascertain the availability of a proposed mark for registration and use.

• Filing and Prosecution of Applications:

  We manage the entire lifecycle of a trademark application, from filing with the Trade Marks Registry to responding to examination reports and attending hearings.

• Opposition and Rectification Proceedings:

  We represent clients in opposition proceedings (objecting to the registration of a similar mark) and rectification proceedings (seeking the removal of a registered mark).

• International Registrations:

  We facilitate the international protection of trademarks through the Madrid System for the International Registration of Marks.

Enforcement and Litigation:

• Infringement and Passing Off Actions:

  We initiate legal action against the unauthorized use of identical or deceptively similar trademarks for similar goods or services (infringement) and the misrepresentation of goods or services as those of our client (passing off).

• Well-Known Marks:

  We assist in seeking the declaration of a trademark as a "well-known mark," which affords a higher degree of protection.

• Domain Name Disputes:

  We represent clients in domain name dispute resolution proceedings under the .IN Domain Name Dispute Resolution Policy (INDRP) and the Uniform Domain Name Dispute Resolution Policy (UDRP).

3. Patent Law

A patent is an exclusive right granted for an invention, which is a product or a process that provides a new way of doing something or offers a new technical solution to a problem. Our services under the Patents Act, 1970, are focused on protecting our clients' innovations.

Advisory and Registration Services:

• Patentability Assessment:

  We conduct prior art searches and provide opinions on whether an invention meets the statutory requirements of novelty, inventive step, and industrial applicability.

• Patent Drafting and Filing:

  Our team of technical and legal experts drafts comprehensive patent specifications and files applications with the Indian Patent Office.

• Prosecution of Patent Applications:

  We manage the prosecution of patent applications, including responding to First Examination Reports (FERs) and attending hearings before the Controller of Patents.

• Pre-grant and Post-grant Oppositions:

  We represent clients in opposing the grant of patents that are believed to be wrongfully filed, both before and after the grant.

Enforcement and Litigation:

• Patent Infringement Suits:

  We represent patentees in suits for patent infringement, seeking remedies such as injunctions, damages, or an account of profits.

• Revocation of Patents:

  We initiate and defend proceedings for the revocation of patents before the High Courts.

• Compulsory Licensing:

  We advise on the provisions relating to compulsory licensing, which allows a third party to manufacture a patented product without the consent of the patentee under certain circumstances.

4. Trade Secret Law

Trade secrets encompass confidential business information that provides a competitive edge. While India does not have a specific statute for the protection of trade secrets, they are protected under common law principles of equity and contract law.

Advisory and Protection Strategies:

• Identification of Trade Secrets:

  We assist clients in identifying and classifying their confidential information that qualifies for trade secret protection.

• Non-Disclosure Agreements (NDAs):

  We draft and review robust non-disclosure and confidentiality agreements to be executed with employees, consultants, and business partners to create a contractual obligation of confidentiality.

• Internal Policies: 

  We help in formulating internal policies and procedures for safeguarding trade secrets within an organization.

Enforcement and Litigation:

• Breach of Confidence Actions:

  We initiate legal proceedings for breach of confidence against individuals who have misappropriated or disclosed trade secrets in violation of a contractual or equitable obligation.

• Injunctions:

  We seek interim and permanent injunctions from courts to prevent the disclosure or use of misappropriated trade secrets.

• Criminal Complaints:

  In certain cases, we assist in filing criminal complaints under the Indian Penal Code, 1860, for offenses such as criminal breach of trust or theft of confidential information.