As part of our practice areas at the firm, we also focus on Intellectual Property Rights for individuals, corporates, publishing houses, etc. Intellectual property (IP) law is a practice area that deals with the legal protection of creative works and ideas.
We Work In:
Trademark Law
A trademark is a distinctive sign or indicator which is used by an individual or any entity to represent the goods and services manufactured and marketed by that party a Trademark may be anything from a word, symbol, letter, sound, smell or shape which distinguishes the goods and services covered under it from that of other third parties.
In the commercial market, where a consumer has innumerable options and alternatives to choose any goods or services, a trademark acts as a tool to differentiate goods and services from different manufacturers or service providers. Meaning thereby, a trademark helps consumers to identify a product or service as originating from a particular manufacturer or service provider among the competition that exists in the market.
A trademark plays a pivotal role in retaining and maintaining existing consumer base, while attracting new consumers, and ensuring quality control in providing goods and services. Thus, a trademark is an important aspect for recognition, growth & development of a business. Therefore, protection of rights of trademark is of utmost importance for such businesses. This allows the trademark owner to protect and enforce their rights, thereby safeguarding their reputation and goodwill, and to prevent third parties from illegally trading upon the goodwill and reputation of the brand accrued over the years.
The first step, in order to achieve the above is to get the trademark registered. There are many benefits of registration of a trademark, including but not limited to having exclusive right to use said mark, and prohibiting third parties from using said trademark, without prior permission of the owner. Further, registration of a trademark protects the owner against any use of the trademark or a deceptively similar trademark by a third party, and allows the owner to enjoy the benefits of the recognition associated with said trademark. Moreover, registration of a trademark provides a legal identification to a business and the products / services associated with it.
A trademark, once registered, gives exclusive rights to the registered proprietor for a period of 10 years from the date on which application for registration of the trademark is filed. Thereafter, the said proprietor may renew the registration for further periods of 10 years till perpetuity.
Copyright Law
Copyright law in India is governed by the Indian Copyright Act, 1957 which is TRIPS compliant and protects original literary, dramatic, musical, and artistic works, cinematograph films, and sound recordings. The law also recognizes broadcasters’ rights, performers’ rights and moral rights of authors.
India is a signatory to the Berne Convention for the Protection of Literary and Artistic Works and by its virtue, copyright protection is equally afforded to works first made or published in countries which are members of the Berne Copyright Union and/or works created by authors who are nationals of such countries. India is also a signatory to the Universal Copyright Convention, the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty - the latter two are collectively knowns as the “Internet Treaties”.
With the change in the medium of distribution of creative works and the evolution of new business models such as digital platforms, social media, etc., the copyright laws and particularly copyright litigations in India are witnessing a paradigm shift. Our attorneys are involved in handling some of the leading copyright disputes. We handle compliance programs for several global software publishers and our attorneys have been instrumental in running successful anti-piracy and anti-counterfeiting campaigns for publishing, gaming, software and the broadcasting industry. Our attorneys also work closely with IT companies to advise on open-source licenses.
Design Law
A lot of time, efforts and resources are used to create the perfect design that helps a brand stand out in the market. The USPs, the features, and the design itself is invaluable for a business that can be appealing to the targeted audience and the decision-makers to purchase the product. Thus, protecting the industrial design is crucial for a business to be on the leading edge of the industry they operate in. Design registration is done for protecting a newly created design from counterfeiting which is applied to an article under an industrial process.
- By registering the design the creator gets the exclusive rights to use the design for the period of 10 years.
- The time can also be extended for 5 years.
