In an aggressive competitive structure, Intellectual Property Rights acts as a stimulant in building good will and mark in the market despite of being an intangible asset. Intellectual property laws promote the creation of human ideas/intellect. Intellectual property has become a backbone for being a distinct identity amide other national and international players. The TRIPS Agreement established the minimum global standards of IPRs protection as well as rules on enforcement, not ending to this it has brought along domestic IPRs regimes of WTO members under the jurisdiction of the WTO dispute settlement system.

Team of experts here at Diwan Advocates deals with all the types of Intellectual property following:

Copyright: Copyright under IPR protects written and published works such as books, songs, artistic work, films, and web content. Attorneys here provide a host of advisory services to their clients including Filing and prosecuting applications for registration of Copyright in India and internationally, Infringement and validity advice, Litigation: Cancellation proceedings, appeals, civil suits and criminal actions for infringement, Anti-piracy measures, Post Registration Services, Assignment, licensing and transfer, Specific agreements.

Trademark: Trademark under IPR protects sign, symbols, and logos, device that distinguish products and services of one from its competitors. Experts at Diwan Advocates provide advisory on trademark related dispute matters, Filing and prosecuting Trade Mark and Service Mark applications at the Indian Trademarks Registry, Filing and prosecuting Trade Mark and Service Mark applications internationally with the cooperation of our foreign associates or under the Madrid Protocol, Infringement and validity opinion, Litigation: opposition, revocation, rectification, appeals, criminal and civil suits for infringement and passing off, anti-counterfeit action, Appellate Board proceedings, Trademark searches locally and internationally, Clearance of title, Domain Name Search, Brand selection advice, Journal watch services, Post-registration services, Renewals, Portfolio Management, Assignment, Licensing and Franchising.

Patents: Patents under IPR protects human intellect and inventions. Attorney’s at Diwan Advocates offers a wide array of services and solutions in patent filing and prosecution, dispute resolution and litigation in patent related matters. Drafting provisional & complete patent specifications for India and overseas, Filing and prosecuting applications at the Indian Patent Office and under the PCT, Filing and prosecuting applications internationally in co-operation with our foreign associates, Comprehensive patent searching with analysis & legal opinion for: Prior art, Novelty, Patentability, Freedom to operate / practice (FTO), Invalidation, Litigation support, Patent Litigation, Oppositions, Pre grant & post grant, Observation submissions, Infringement actions (Prosecution &Defence), Appeals (at the IPAB and in various Courts), Journal watch services, Post registration services such as renewals and filing statement of working, Licensing and transfer of technology, Portfolio Management.

Design: Filing and prosecuting applications for registration of Designs, Searches locally and internationally, Infringement and validity opinions, Litigation: cancellation proceedings, appeals, civil suits for infringement, Journal watch services, Post Registration Services, Renewals, Assignment and Licensing, Portfolio Management

Real Estate laws are concerned with the buying and selling of real estate properties. The Acts containing legal provisions is Real Estate (Regulation and Development) Act, 2016. Each state has its laws governing development, marketing and selling of real estate properties.

Diwan Advocates have been advising and representing its clients in various RERA Disputes on Land Acquisition, selling and purchasing, lease and taxation. Firm’s experience and services include advising, structuring and preparing drafts and documents including keeping in compliance with requisite stamp duty, registration process, and other approvals from statutory Bodies. The firm also represents clients in litigation filed against government bodies such as DDA, M.C.D, L&DO before various legal forums, in wide range of matters relating to land misuse disputes, land acquisition proceedings, sale of property, leasing matters, house tax issues, and municipal rules and byelaws. Other Real Estate practices include:

• Advising on Joint Venture Development

• Advising Development of Townships

• Development and promotion of Real Estate

• Drafting of Lease and sale Documentation

• Legal documentation and advise on Sale/Purchase/Lease of Property

• Landlord and Tenant Disputes • Land Use Regulation

• Mortgage and Finance Agreements

• Building, Development and Construction Contracts

• House Tax Disputes

• Projects and Retail Property Transactions

Matters relating restructuring and insolvency are regulated by Insolvency and bankruptcy code, 2016. The code is a watch dog for insolvency and liquidation process and proceedings involving all limited liability entities. Not limited to this the code governs insolvency and bankruptcy proceedings for individuals, partnerships as well. The government has set up a committee for recommendations for the adoption of UNICITRAL Model Law on Cross-Border Insolvency, 1997. Tribunals and authorities handling Insolvency and liquidation proceedings are National Company Law Tribunal (NCLT) National Company Law Appellate Tribunal (NCLAT). The strong expertise in core commercial and corporate laws, coupled with the understanding of various business sectors enables the firm to deliver holistic and effective guidance to the Clients.

Our firm expertise cover legal as well as commercial advice in the matters relating insolvency, settlements and restructuring, negotiations. We represent our clients before NCLT, NCLAT, High Courts and Supreme Court of India. Specifically, the team has rendered advisory and consultancy services to creditors on various potential issues that could arise as a result of an interplay between the Code and other applicable laws. The team has also initiated insolvency resolution process and sought relief before the NCLT on behalf of various Clients. The team supports with a strategic combination of advisory and litigation throughout the course of the insolvency proceedings to our Clients in order to safeguard their financial interests. The team is also well-positioned to deliver strategic advice to asset reconstruction companies. The team aids and guides in the assessment of assets and liabilities of a stressed company and accordingly advises the risk involved in taking over businesses of stressed companies undergoing resolution process.

Transfer of property is a wide branch of law prevailing since nineteenth century and in India is regulated by transfer of property act, 1882. The act came into force on 1st July 1882 and lays down provisions in context of transfer or property and conditions involving transfers. “Move of property” as per the act signifies and demonstrates by what way the individual passes on the property and comprehensively establishes all the legal rights of a person in property.

Diwan advocates have expertise in advising its clients robustly in the matters related property disputes and representing its client before authorities, High court and Supreme Court. We also assist in drafting and preparing legal documents including sale agreements, rent/lease deed, mortgage deed, gift deed, conveyance deed and more.

“Marriage” a scared ceremony, a bond tying not only the pair but the entire family, thus itself becomes a law equally important as any other law. India a secular country, with variety of religions and not having a uniform code, Muslim marriages are governed by Muslim Personal Law/ Shariat law whereas Hindu marriages are governed by Hindu Marriage Act, 1955 and similarly Christian Marriage Act, 1872 applies to Christians. In case of Special cases Special Marriage Act, 1954 applies universally to all religions. “Marriage is a contract” “Contracts are meant to be broken” therefore rules and regulations regarding troubled marriages are enshrined under Indian Divorce Act, 1869.

Diwan Advocates have been providing consultancy and assistance to their clients. We look after understanding and rigorously achieving our client’s needs. Diwan Advocates represent clients in family courts throughout India in matters related to divorce, child custody, child support, spousal support, equitable distribution and paternity actions. If you are seeking a family/divorce attorney to represent you in a divorce or child custody matter, you need one who will be an aggressive advocate for your interests and a compassionate and understanding legal counselor as you go through this difficult time. At Diwan Advocates, that is exactly what you will receive. We pride ourselves on our ability to meet the needs of our clients while giving them personal attention and service.

Law of Inheritance deals with Intestate Succession, Testamentary Succession and Partition. The laws are primary based on customary principles derived from uncodifiedpersonal laws. The Parliament has codified some of them i.e. The Indian Succession Act, 1925, The Hindu Succession Act, 1956, The Partition Act, 1893.

The Firm provides complete legal assistance in relation to drafting of Wills, deeds and other legal instruments. The Firm also drafts the legal documents i.e. Applications, Pleadings and Petition and appears before the Court of Law on behalf of its clients.

Criminal law covers all the proceedings before Executive and Judicial Magistrates in relation to law and order, and trials for all kind of offences punishable under Penal Laws. The trials are conducted before Sessions Judge or Metropolitan Magistrate or Judicial Magistrate of First Class. Regular Bail, Anticipatory Bail, Appeal, Quashing Petition, Special Leave Petition, etc. comes under the purview of Criminal Law.

The Firm on behalf of its clients deals with entire criminal proceedings including appearance, arguments, cross-examination before the Court of Law. The Firm also provides legal opinion and advice in relation to the questions of law.

Companies Act, 1956 & 2013 regulates the companies/ corporations formed under it and these corporations are administered by the Ministry of Corporate Affairs. Company is an independent legal entity incorporated by a group of persons to engage in and operate a business, commercial or industrial. It has to comply time to time with all the directions, regulations and laws issued by the Ministry of Corporate Affairs. National Company Law Tribunal is an adjudicating authority in relation to matters arising out of the provisions of Companies Act. The Orders passed by National Company Law Tribunal are appealable before National Company Law Appellate Tribunal. And the Orders passed by Appellate Tribunal are appealable before the Supreme Court of India.

The Firm advises and drafts the Policies, Memorandum of Articles, Contracts and any legal instrument in relation to the functioning and working of Board of Directors of the Companies in terms of Companies Act, 2013. The Firm also provides assistance in relation to the Bankruptcy and Insolvency issues, Winding up of company and Amalgamation, Merger or Reconstruction of company. The Firm also represents/appears on behalf of its clients before the National Company Law Tribunal, National Company Law Appellate Tribunal, and before the Supreme Court of India.

Commercial Law is a vast and dynamic, considering its important, a new legislation was enacted in 2015 with special procedure and independent mechanism to speedily adjudicate the Commercial Disputes of specified value i.e. constitution of Commercial Courts at District Level, Commercial Appellate Courts at District Judge level, Commercial Division and Commercial Appellate Division.

The Commercial Courts Act, 2015 enumerates 21 kinds of transactions out of which the commercial dispute may arise, it includes those arising out of mercantile documents and transactions, export and import of merchandise, admiralty and maritime law, transactions relating to aircraft, carriage of goods, construction infrastructure contracts, agreements relating to immovable property used exclusive in trade or commerce and those relating to franchising, distribution, licensing, management, consultancy, joint venture, shareholders, subscription and investment pertaining to the services industry, including outsourcing and financial services, partnership agreements, partnership technology developments, intellectual property rights, sale of goods, mercantile agency, mercantile usage, insurance, reinsurance, exploitation of oil and gas reserves and other natural resources, contracts of agency. The Firm has a team of Advocates having experience in dealing with Commercial disputes.

The Firm provides complete litigation assistance to its client including the companies, firms and individuals. The Firm advises in relation to all the issues arising out of commercial transactions including complex commercial legal issues. The Firm drafts agreements, legal instruments and pleadings for its clients and also represents/appears on behalf of its clients before the Commercial Courts, the High Courts and the Supreme Court of India.