Intellectual Property
Successful businesses are often conceived from a single creative idea: a novel product or process, an innovative brand, or a groundbreaking business strategy. As a fundamental step in the commercial development of an idea, inventors must explore various intellectual property (IP) issues that are often involved with advancing a concept to the marketplace. Intellectual property is a digital property that holds tangible value on your balance sheet and its protection is fundamental to today’s business models… … Our team includes professionals with the key experience required to understand technology, its impact on the business model, and the regulatory framework around the building and protection of this property. IP or Intellectual Property can be classified into 5 areas of protection, namely:
Services
- Patents
- Trademarks
- Copyright
- Geographical Indications
- Designs
Over 50,000 applications are filed in India each year with an average surge of 10-15% per annum. These figures reflect a growing interest among the members of trade, industry, and general public towards the protection of their inventions and have thus created a favorable environment for the exploitation of the same via licensing, assignment, transfer of technology, etc.
Obtaining a patent is a complex subject involving :
- Comprehensive Prior Art Search
- Application for grant of Patents (Domestic and National Phase)
- Prosecution
- Revocation/Cancellation of Patents
- PCT Applications and filing
- Freedom to Operate/ Non-Infringement reports
- Transactional, assignment, and licensing.
A brand name carries the personality and emotion of a business. Customers and Partners identify a business with its brand, hence it would not be wrong to claim that the brand name to a company is as important as a name for a human being. It’s the complete existence in the eyes of the world, sometimes it becomes the title for the product itself, for example, Bisleri which represents Mineral Water, or Colgate which represents Toothpaste.
It is important to protect this identity of your business, The law provides for you to Trademark Brand Name as a word and Brand Logo as a design as a permanent protection renewable every 10 years. The other element is that brands always grow in value and are considered part of your assets as intellectual property available for license or sale.
Copyright is a category of right which is generated upon creation of work. Any work which is an original expression in a fixed form is copyrightable. Copyright subsists in the following works viz. Literary, Artistic, Musical, Dramatic, Sound Recordings and Cinematograph films. Protecting original works of authorship and complying with copyright laws are important elements of today’s business models.
With the ever-changing digital and media space, Copyright law in India is constantly evolving and complex to understand issues related to the use of new technologies in conjunction with copyrighted works. It is important to appoint a professional for this complex subject while you decide on copyright registration and prosecution; acquisition, assignment, and licensing; transactional and contractual matters.
Geographical Indications, unlike other Intellectual Property Rights, is a community right. It is an indication of the good’s identity viz. agricultural, natural or manufactured, originating from a particular territory, region or locality, etc. Wherein the quality, reputation, or other characteristics essentially attributes to its said Geographical origin.
It provides a platform for the community of farmers/producers to protect their traditional products and commercialize the same in national and international markets. It also assures the consumers of the quality and genuineness of the particular product. Darjeeling Tea was the first GI that was registered in India and a perfect example of how a Geographical Indication registration can enrich the life of a community. Other examples include Puneri Pagdi, Mahabaleshwar Strawberry, Kolhapuri Chappal, Kancheepuram Silk, Kullu Shawl, Goa Feni, etc.
Design protection is an avenue that is getting very popular amongst companies these days. This is driven by the drive of innovation and constantly changing consumer behavior. To have a significant commercial advantage over competitors, companies come up with new and original product designs that appeal to the eye of customers and consequently influence their choice over another article/product, creating the design, an identity of the brand, for example, ‘AirPods’ by Apple, where the design has become the identity of the product.
Application for registration of a design must be filed before publication and/or placing that particular design in the market, which would otherwise disentitle the claim/ownership in that particular design. The term of registration for a Design Patent in India is 10 years and can be renewed for a further period of 5 years. Indian courts have been rather active in protecting new and original designs and have been instrumental in developing the global jurisprudence on Design law.
If you think that the design of your product is the USP or most important element of your offering or will be the next game-changer in the product category, then it is important that you protect the design under the Design Act 2000, this will ensure that no other company can simply copy your design and stand up as your competitor.
Services
Patents
Over 50,000 applications are filed in India each year with an average surge of 10-15% per annum. These figures reflect a growing interest among the members of trade, industry, and general public towards the protection of their inventions and have thus created a favorable environment for the exploitation of the same via licensing, assignment, transfer of technology, etc.
Obtaining a patent is a complex subject involving :
- Comprehensive Prior Art Search
- Application for grant of Patents (Domestic and National Phase)
- Prosecution
- Revocation/Cancellation of Patents
- PCT Applications and filing
- Freedom to Operate/ Non-Infringement reports
- Transactional, assignment, and licensing.
Trademarks
A brand name carries the personality and emotion of a business. Customers and Partners identify a business with its brand, hence it would not be wrong to claim that the brand name to a company is as important as a name for a human being. It’s the complete existence in the eyes of the world, sometimes it becomes the title for the product itself, for example, Bisleri which represents Mineral Water, or Colgate which represents Toothpaste.
It is important to protect this identity of your business, The law provides for you to Trademark Brand Name as a word and Brand Logo as a design as a permanent protection renewable every 10 years. The other element is that brands always grow in value and are considered part of your assets as intellectual property available for license or sale.
Copyright
Copyright is a category of right which is generated upon creation of work. Any work which is an original expression in a fixed form is copyrightable. Copyright subsists in the following works viz. Literary, Artistic, Musical, Dramatic, Sound Recordings and Cinematograph films. Protecting original works of authorship and complying with copyright laws are important elements of today’s business models.
With the ever-changing digital and media space, Copyright law in India is constantly evolving and complex to understand issues related to the use of new technologies in conjunction with copyrighted works. It is important to appoint a professional for this complex subject while you decide on copyright registration and prosecution; acquisition, assignment, and licensing; transactional and contractual matters.
Geographical Indications
Geographical Indications, unlike other Intellectual Property Rights, is a community right. It is an indication of the good’s identity viz. agricultural, natural or manufactured, originating from a particular territory, region or locality, etc. Wherein the quality, reputation, or other characteristics essentially attributes to its said Geographical origin.
It provides a platform for the community of farmers/producers to protect their traditional products and commercialize the same in national and international markets. It also assures the consumers of the quality and genuineness of the particular product. Darjeeling Tea was the first GI that was registered in India and a perfect example of how a Geographical Indication registration can enrich the life of a community. Other examples include Puneri Pagdi, Mahabaleshwar Strawberry, Kolhapuri Chappal, Kancheepuram Silk, Kullu Shawl, Goa Feni, etc.
Designs
Design protection is an avenue that is getting very popular amongst companies these days. This is driven by the drive of innovation and constantly changing consumer behavior. To have a significant commercial advantage over competitors, companies come up with new and original product designs that appeal to the eye of customers and consequently influence their choice over another article/product, creating the design, an identity of the brand, for example, ‘AirPods’ by Apple, where the design has become the identity of the product.
Application for registration of a design must be filed before publication and/or placing that particular design in the market, which would otherwise disentitle the claim/ownership in that particular design. The term of registration for a Design Patent in India is 10 years and can be renewed for a further period of 5 years. Indian courts have been rather active in protecting new and original designs and have been instrumental in developing the global jurisprudence on Design law.
If you think that the design of your product is the USP or most important element of your offering or will be the next game-changer in the product category, then it is important that you protect the design under the Design Act 2000, this will ensure that no other company can simply copy your design and stand up as your competitor.
What Our
Clients Says?
We worked with Paathik on media projects. Great consultant and extremely strong in networking, we have used his expertise for legal matters in the media space. Highly recommend him!
What Our
Clients Says?
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