Intellectual Property Law
Intellectual property rights (IPRs) and their relation to international trade, investment, technology transfer, innovation and growth is a critically important issue that remains intensely controversial. The TRIPS Agreement established the minimum global standards of IPRs protection as well as rules on enforcement, and most importantly, brought the domestic IPRs regimes of WTO Members under the jurisdiction of the WTO dispute-settlement system. Laws relating to intellectual property rights play a major role in the field of legal enforcement as this is a blooming field which needs sufficient protection and nurturing in its initial steps. We have a specific team dealing with such cases with their utmost research and expertise in the following sub-topics:
- Copyright: Copyright is a set of exclusive legal rights which have been guaranteed to the authors over their work. These rights are for a limited period of time. The Copyright protection is given to only those works which are “original” and are “fixed in a tangible medium”. Ideas are not protected but the idea which has been expressed can claim protection under the copyright laws. Prevention of unlawful distribution of copyrighted material is a matter of concern and we devise strategies so as to prevent such distribution and protect the material.
- Trademarks: The law of trademarks emerged during the time of industrial revolution which gave rise to large scale production and distribution of goods. Trademark is more of an industrial property than an intellectual property as it deals it recognition of a product in a particular industry. It contains various intellectual properties within itself which are majorly copyrights and designs. After the emergence of the concept of LPG (Liberalisation Privatisation Globalisation), every phase of Indian economy is facing competition to meet up the global needs of establishing itself. From a broad perspective, intellectual property law constitutes a major part of competition law as it protects the prevailing competition in the market.
- Patents: Patents are grants made by the government that bestow upon the creator of an invention, the sole right to make, use, and sell that invention for a set period of time. Unlike copyright, which arises automatically on creation of a work, patents are only granted after applicant satisfies the requirements of registration. The registration process imposes a number of limits and safeguards on the types of inventions that are patented, the scope of monopoly granted, and the nature of information that is disclosed in the patent.
- Trade Secrets: Trade secrets are primarily protected under state law, including common law interpretations, which vary from state to state. The language state laws use to define what is a trade secret varies by jurisdiction, and so does the specific types of information that each state recognizes as protectable confidential information. But there are three factors that all definitions share: A trade secret is some sort of information that:
(1) Is not generally known to the relevant portion of the public;
(2) Confers some sort of economic benefit on its holder; and
(3) Is the subject of reasonable efforts to maintain its secrecy.
The trade secret protection is necessary for India as it has a direct influence in the economy of India as it will increase the foreign investment and protection of such investment needs to be done through trade secrets for business purposes in India.
We have a dedicated team to protect the Intellectual Rights of the client against infringement and counterfeiting of the goods. Our services include complete protection plan for the entire life cycle of different Intellectual Properties. Our team helps our client in strategizing the IP policies of the client to protect their Intellectual Property Capitals.