011 4914 7689

admin@atlanticlaw.in

Intellectual Property Rights

Commonly, Trademarks is referred for a logo or a brand. A trademark can be registered for a business name, tagline of the product or services or catch phrases. It is essential to obtain a trademark (TM) or a service mark (SM) for a product and services respectively, so as to identify a business amongst other competitors in the market and utilise the distinctive mark to gain commercial gain.

Scope of Services

  • Providing legal support on matters related to licensing, assignment and transmission of TM.
  • Conducting search for marks or logos in public domain sites including Office of Registrar of Trademarks, Ministry of Commerce and Industry, Department of Industrial Policy and Promotion and under International Nonproprietary Names (INNs) Programme thereby helping clients with registration of their TM.
  • Filing for TM registration and matters thereafter including attending hearings, responding to the office queries on the marks, preparing records, assignments and so on.
  • Representing clients in proceedings on matter related to rectification, opposition and cancellation by the authorities. Also, attend proceedings before the Registrar and Intellectual Property Appellate Board as and when necessary.
  • Attaining IP licenses for clients and drafting several agreements including assignments, distributorship, co branding, franchising, merger and acquisition. We also assist and advice clients on valuation of trademarks.
  • Appearing for litigation in matters including misappropriation, infringement, anti-counterfeiting acts and unfair competition and taking appropriate legal actions such as injunction, civil and criminal remedy and so on

Copyrights

Copyright is an exclusive right enjoyed by artists, writers, cinematographers, producers etc for their original work. It protects the method of expression of the innovative idea put in various forms.

Scope of Services

  • Assisting clients in obtaining copyright registration of their work which includes books, music, software, publications, paintings, and several other artistic, literary, dramatic, sound recording and musical works. Also, advise them on valuation of copyrights for assignment, licensing, transmission, non -commercial use, rights of author and performer and so on.
  • Handling issues related to the infringement, phishing, hacking and piracy, counterfeiting and taking suitable actions such as sending cease and desist letters to typo squatters, cyber squatters and arbitration under The Internet Corporation of Assigned Names and Numbers (ICANN) rules.
  • Representing clients in matters related to objection on registration or grant of compulsory licenses etc before the Copyright Board. Also, registering copyrights with customs, coordinating with police in conducting raids and appearing before various forums including Controller of Certifying Authorities, Copyright Societies, Central Board of Excise and Customs, etc on necessary matters.
  • Appearing in courts for issues related to copyright infringement, cyber crime, piracy and assist them in seeking injunctions, search and seizure orders, along with other civil and criminal remedies.

Patents

Patents guarantee an exclusive right to the holder for a novice and useful invention that has industrial relevance. The owner of such patent not only enjoys a monopoly right use but also prevent others from producing, executing or selling such inventions.

Scope of Services

  • Conducting prior art search, novelty and patentability search, freedom to operate, patent landscape which includes technology strength and white space, invalidation searches, patent validity and infringement searches etc.
  • Advising clients on marketing and gaining profits from registered patents and technology transfer agreements. Also, drafting of licensing agreements, assignments, joint venture agreements, research and development agreements etc.
  • Drafting of patent claims, specifications, drawings and prosecuting applications (ordinary, provisional and complete conventional, PCT National phase application) and formulating responses against issues raised by Patent office including attending hearings and registration of patents rights.
  • Representing clients in pre -grant and post grant oppositions before the Opposition Board and revocation actions before Intellectual Property Appellate Board. Also, participate in litigation and arbitration matters, such as infringement of patent rights, revocation or invalidity of patents counterclaims, declaration of non -infringement.
  • Advising them in undertaking strategic enforcement and protection of patent rights by registering patents with customs authorities, conducting appropriate investigations, sending cease and desist notices, cross licensing and pooling patent assets and so on.

Designs

Scope of Services

  • Advising clients on aesthetic properties and novelty of designs along with their registration under the Designs Act under appropriate classification.
  • Conducting searches for registration of designs available based on the Design Office database, online search and market surveys.
  • Filing of design applications, preparing for responses on the questions raised by Design office, attending hearings on behalf of clients and obtaining registrations and renewals
  • Attending litigation matters pertaining to piracy, infringement of designs and appear in various courts for appeals against Controller’s orders regarding registration, rectification or cancellation of the same.
  • Advising clients and providing coherent opinion on matters related to valuation or commercialization of designs, drafting and reviewing of assignment and licensing agreements, etc.

Trade secrets

Trade secrets can be information or method or instruments that the owner can utilise to obtain commercial advantage over its market competitors. Surprisingly, India does not have legislations to protect trade secrets. However, we understand the utmost relevance of such sensitive innovation and therefore take proper care to protect the secrets of our clients in the most appropriate way.

Scope of Services

  • Drafting of confidentiality agreement, employment contracts, and research and development agreements signed during collaboration that protects the secrets of the company and reduces vulnerability from other competitors.
  • Providing opinions in implementing confidentiality clauses and access control policies and drafting tailor made company policies, internal policies and effective commercial contracts.
  • Attending court proceedings in litigation matters related to breach of contract clauses of confidentiality, unauthorized leak of trade secrets and seeking civil and criminal remedies such as injunction from preventing third party disclosure and propriety information and claiming damages for the loss suffered.

Geographic Indications

Geographic indications define any indications of the region or place from where the product such as agricultural goods, manufactured or natural goods of a specific quality or repute has originated.

Scope of Services

  • Conducting search of geographic indications (GI) in Geographical Indications Official journals, online search and market surveys and reports thereby providing clearance report to go ahead with the GI for registration.
  • Assisting clients for registration of GI, preparing responses on questions raised by GI office, attending hearings, assignments and so on. Representing clients before the Registrar and Intellectual Property Appellate Tribunal as and when necessary.
  • Visiting courts in litigation matters related to infringement of the GI and seeking injunction or damages or other civil and criminal remedies to protect the clients from violation of their exclusive rights.
  • Providing opinion and proper guidance regarding valuation of GI and matters related to licensing, assignments and transmission of the same.