Intellectual Property Rights- Registration and infringement

Intellectual Property Rights- Registration and infringement

Padhy and Co. Advocates, Intellectual Property Rights is regarded as the best, success-driven & result oriented practice area in Chhattisgarh. The law firm’s intellectual property rights team has advised numerous domestic and international clients and over a period of time has gained immense valuable experience in intellectual property branches including but not limited to Trademark Laws, Copyright Law, Patent Law, Design Law and Geographical Indications.

The IP team consist of well qualified, well trained and self – sufficient lawyers who have immense experience in providing solutions to legal issues affecting intellectual property like the prosecution of applications for trademark, patent, design, copyright and geographical indications registration(s); management of intellectual property portfolios; domain name disputes; intellectual property due diligence; enforcement actions; third-party infringement; counterfeiting of products matters; assignment & licensing of intellectual property, international trademark filing through Madrid protocol etc.

Intellectual Property Rights

Padhy and Co. Advocates also has vast experience in handling and offering solutions pertaining to other spheres of intellectual property matters like commercial intellectual property transactions such as Technology Transfer Agreement, Software Licensing Agreement, Brand Protection Agreement, Franchisee Agreement, Assignment Agreement(s); intellectual property litigation matters such as criminal & civil suit(s) for infringement & passing off in District, High and Supreme Court of India. The intellectual property team also works closely with our transactional lawyers on the intersection of intellectual property and corporate issues.

Padhy and Co. Advocates has served numerous clients and rendered their intellectual property services in sectors including but not limited to lighting sector, entertainment sector, the technological sector, personal care and sanitary sector, FMCG sector, security sector, digital gold sector, sports sector, real estate sector, e-commerce sector, educational sector, hospitality sector etc. 

Types of Intellectual Property

1.      Trademark

2.      Patents

3.      Copyright

4.      Designs

5.      Domain Names

6.      Geographical Indicators (GI)

Padhy and Co. Advocates Specialized in Assisting the Following IP Matters

·         Conducting searches under trademark, copyright, design, patent law and geographical registration along with domain names; preparing search reports; advising and execution of strategies to overcome risks associated post preparing a search report(s); expertise in conducting intellectual property due to diligence exercises, market investigations & surveys.

·         Drafting, filing and prosecution of applications of Trademarks, Copyrights, Design, Geographical Indications and PCT applications under Patent law(s); Business Processes.

·         Filing and prosecution of applications internationally under multiple intellectual property law domains in co-operation with our foreign associates under intellectual property treaties governed by World Intellectual Property Organization (WIPO)

·         Filing Oppositions & Counter Statements and Cancellation/Rectification applications under Trademark, Patent, Design, Copyright and Geographical Indication laws.

·         Renewal of Domain Names, Trademarks, Copyrights, Design, Geographical Indications and Patent Applications; drafting regular & cease & desist notices.

·         Amendment & Attorney change request application under Trademarks, Copyrights, Design, Geographical Indications and Patent Applications.

·         Litigation services like a suit for infringement & passing off actions under trademark, copyright, design, geographical indications and patent law along with litigations pertaining to domain name disputes like infringement and misuse actions.

·         Commercial intellectual property services like drafting of agreements including but not limited to Franchisee, Licensing, Brand Protection, Brand Development, Technology Transfer, Assignment etc; negotiations with third parties on co-existence agreements and buy-outs.

·         Anti-counterfeiting and anti-infringement actions like conducting search, seizure and raids.

·         Management of intellectual property portfolio; continuously monitoring with filed applications not only within Interstate but in Intrastate intellectual property offices as well.

·         Providing execution strategies & legal opinion pertaining to trademark, copyright, design, geographical indications, patent law(s) and domain names disputes.

·         Conducting brand and intellectual property audits including audits on intellectual property management practices adopted by a company.

·         Attending hearings in Controller General of Patents, Designs & Trademark office located in Delhi, Mumbai, Kolkata, Chennai & Ahmedabad; attending hearings in Intellectual Appellate Board of India and District Courts, High Court of Chhattisgarh, Bilaspur & Supreme Court of India. 

What Does Each Type Of Intellectual Property Right Protect?

Benefits to START Up(s) & MSME(s) under Intellectual Property Rights Regime

Govt. of India introduced Start Up(s) (2015) and Micro, Small, Medium Enterprises (2006) to promote, create and enhance employment opportunities, business growth and boosting the economy of India. Such an introduction later turned out to be a successful venture by the Government of India. Both Startups and MSME have known to be effervescent economies of the corporate industry of India.

As per Government of India research studies, it was revealed that various Start Up(s) and MSME(s), in order to set up and run their businesses effectively utilized all their funds invested or infused by their Angel Investors and are left with nothing to protect and secure their intangible assets under IPR laws. To curb this frequent issue faced by Start Up(s) & MSME(s), Government of India introduced up to 80% rebate in filings under IPR laws. The said Govt. of India also introduced other benefits like fast-tracking of startup patent applications, panel of facilitators to assist in filing of Intellectual property applications and Government to bear facilitation cost.

We at Padhy and Co. Advocates, provide any and all necessary assistance to Start Up(s) and MSME(s) from setting up their Start-up(s) & MSME(s) to getting their pool of IPR(s) protected and secured ranging from Trademark, Copyright, Design, Patent, and Geographical Design at a lesser cost in comparison with other firms across India. Our team is capable and competent enough to get the required registrations in the Company’s name in a hassle-free process, less time and cost-effective manner further promoting the aim and objectives set by Government of India in this regard.