Practice Areas

Core IP Services

Patent Strategy and Protection

Patent Search and Analysis: Thorough searches and competitive analysis to inform innovation strategies.
Patent Drafting and Filing: Crafting patent applications that align with and protect business goals.
Patent Prosecution: Navigating global patent offices to secure enforceable patents.
Patent Portfolio Management: Strategic management to maximise the commercial value of patents.
Patent Licensing and Assignments: Monetising patents through strategic licensing and assignments.
Patent Litigation and Enforcement: Protecting patent rights through litigation and enforcement.

Brand Building and Protection

Trademark Search and Clearance: Ensuring brand uniqueness and availability.
Trademark Application and Registration: Securing trademarks that protect brand identity.
Trademark Opposition and Cancellation: Defending against challenges and maintaining brand protection.
Brand Protection and Anti-Counterfeiting: Implementing strategies to protect brands from infringement.
Brand Valuation and Licensing: Maximising brand value through strategic licensing and valuation.

Copyright and Design Protection

Copyright Registration and Protection: Safeguarding creative works and securing exclusive rights.
Copyright Infringement and Enforcement: Protecting against unauthorised use and enforcing rights.
Design Registration and Protection: Securing design rights to protect product aesthetics.
Design Infringement and Enforcement: Enforcing design rights against unauthorised use.

Specialised IP Services

IP Due Diligence and Transactions

IP Audits and Valuation: Assessing and valuing IP assets to informed business decisions.
Technology Transfer and Licensing: Facilitating the commercialisation of innovations.
Mergers and Acquisitions (M&A) Support: Providing IP due diligence in M&A transactions.
Due Diligence for Investments: Conducting IP assessments to guide investment decisions.

IP Enforcement and Litigation

Patent Infringement and Validity: Litigating and defending patent rights in court.
Trademark Infringement and Enforcement: Enforcing trademark rights and protecting brand integrity.
Copyright Infringement and Enforcement: Protecting copyrighted works through litigation.
Design Infringement and Enforcement: Defending design rights against infringers.
Anti-Counterfeiting Strategies: Combatting counterfeiting to protect IP assets.

IP Regulatory Compliance

In the Indian context, regulatory compliance of Intellectual Property (IP) refers to adherence to the various laws, rules, and guidelines governing the protection, enforcement, and management of IP rights. This includes compliance with statutory requirements, procedures, and regulations to ensure that IP assets are properly registered, maintained, and enforced according to Indian law. Here’s a breakdown of what it typically includes:

Patent Regulatory Compliance

Filing and Prosecution: Adhering to the procedures outlined in the Patents Act, 1970, including timely submission of applications, responses to objections, and requests for examination.
Maintenance: Compliance with annuity payments to keep patents in force.
Working of Patents: Filing statements of working under Section 146 of the Patents Act, indicating whether the patent is being commercially exploited in India.
Compulsory Licensing: Adhering to the regulations on compulsory licensing, especially in cases where a patent is not being worked in India.
Regulatory Approvals: Ensuring that patent filings align with other regulatory approvals (e.g., drug regulatory approvals) to avoid conflicts.

Trademark Regulatory Compliance

Application and Registration: Following the processes outlined in the Trademarks Act, 1999, for filing, prosecution, opposition, and renewal of trademarks.
Use Requirements: Complying with the requirement to use the trademark within the specified time frame to avoid cancellation for non-use.
Renewal and Maintenance: Timely renewal of trademarks to keep registrations active.
Geographical Indications (GIs): Compliance with the Geographical Indications of Goods (Registration and Protection) Act, 1999, for protecting products with specific geographic origin.

Copyright Regulatory Compliance

Registration and Protection: Adhering to the registration processes under the Copyright Act, 1957, although registration is not mandatory for protection in India.
Moral Rights: Respecting the moral rights of authors, which include the right of attribution and the right to integrity of the work.
Licensing and Royalties: Compliance with copyright licensing regulations, particularly in the entertainment and media industries, and ensuring proper payment of royalties.

Designs Regulatory Compliance

Design Registration: Following the procedures under the Designs Act, 2000, for registering designs, including adherence to novelty requirements and timely renewal.
Infringement and Enforcement: Compliance with enforcement mechanisms to protect registered designs from infringement.

Trade Secrets Compliance

Confidentiality Agreements: Ensuring proper documentation and enforcement of Non-Disclosure Agreements (NDAs) and confidentiality clauses to protect trade secrets.
Data Protection: Compliance with data protection regulations, especially in sectors where trade secrets are linked with sensitive data.

IP Compliance in Business Transactions

Mergers and Acquisitions (M&A): Conduct thorough IP due diligence to ensure compliance with all relevant IP regulations during M&A transactions. This due diligence should assess the ownership, validity, and enforceability of IP assets on both sides of the deal.
Licensing Agreements: Ensure adherence to the legal framework for IP licensing. This includes compliance with competition laws, avoiding restrictive trade practices, and clearly defining the scope (what rights are licensed) and duration of licenses.

Anti-Counterfeiting and Enforcement

Customs Compliance: Record IP rights with Indian Customs under the Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007. This facilitates enforcement actions by helping to prevent the importation of counterfeit goods.
Litigation and Dispute Resolution: Ensure compliance with procedural requirements in IP litigation. This includes aspects like jurisdiction (where the case can be heard), time limits for filing claims, rules of evidence, and exploring alternative dispute resolution mechanisms like mediation or arbitration.

Sector-Specific IP Compliance

Pharmaceuticals and Biotechnology: Comply with regulatory approvals from bodies like the Central Drugs Standard Control Organization (CDSCO) alongside patent filings. This ensures market access for your products.
Information Technology and Software: Adhere to software licensing laws, data protection regulations, and cybersecurity standards to safeguard your proprietary technologies.

International IP Compliance

Treaty Compliance: Ensure that all IP activities align with international treaties such as the Paris Convention for the Protection of Industrial Property, the TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights), and the Madrid Protocol. These treaties help maintain global protection standards for intellectual property.

Data Protection and Privacy

Data Protection Laws: Comply with India's data protection regulations when handling IP that involves personal data. This includes ensuring proper consent from individuals and implementing secure data handling practices.
Cross-Border Data Transfers: Follow legal requirements for transferring IP-related data across borders in accordance with Indian and international data protection laws.

Biodiversity Compliance

Access and Benefit Sharing (ABS): Adhere to the Biological Diversity Act, 2002, as amended in 2023, particularly for patents involving biological resources or traditional knowledge. This ensures fair benefit-sharing practices with local communities.

Legal Metrology

Packaging and Labeling: Ensure that all packaging and labeling of products comply with the Legal Metrology Act, 2009. This Act governs weights, measures, and packaging standards in India.

Emerging Technologies and IP

Artificial Intelligence (AI) and Machine Learning IP: Develop strategies for protecting innovations in AI and machine learning technologies through patents, copyrights, and trade secrets.
Biotechnology and Life Sciences IP: Implement robust measures for safeguarding biotech innovations through patents while ensuring compliance with regulatory requirements.
Information Technology (IT) and Software IP: Establish comprehensive strategies for securing intellectual property in IT and software sectors against infringement, including copyright protection and trade secret strategies.
Green Technology and Sustainability IP: Promote sustainable innovation through effective IP protection tailored to green technologies, such as patents for new clean energy solutions.

IP-Driven Business Strategy

IP-Driven Business Models: Leverage intellectual property as a strategic asset to create innovative business models that drive growth. This could involve licensing your IP to others or developing new products based on your IP.
IP Monetization Strategies: Develop strategies for converting intellectual property into revenue streams through licensing, franchising, or partnerships.
Open Innovation and Collaboration: Facilitate collaboration with external partners to foster open innovation while protecting core IP assets through strategic agreements.

IP Asset Management

Portfolio Optimization and Management: Enhance the value of IP portfolios through strategic management practices that align with business objectives. This may involve pruning low-value patents or focusing resources on promising innovations.
IP Lifecycle Management: Manage intellectual property assets from creation through commercialization to maximize their value throughout their lifecycle. This includes processes for filing patents, enforcing trademarks,and managing copyrights.

IP Risk Management

IP Audit and Risk Assessment: Conduct regular audits to identify potential risks associated with intellectual property assets, such as infringement or invalidity of patents. Implement mitigation strategies like portfolio diversification or strengthening existing patents.
IP Insurance and Contingency Planning: Develop contingency plans to protect against potential losses related to intellectual property disputes or infringements. Consider IP insurance as a risk management tool.

Industry Focus

Technology and Life Sciences: Create tailored IP strategies that address the unique needs of technology-driven companies in life sciences sectors. This may involve a combination of patent and regulatory strategies.
Media and Entertainment: Develop strategies for safeguarding intellectual property rights in the media and entertainment industries, particularly in areas like copyright protection for creative works and trademark protection for brands.
Fashion and Luxury Brands: Protect intellectual property assets in the fashion and luxury sectors against counterfeiting and unauthorized use. This may involve trademark registration, design protection, and anti-counterfeiting measures.
Agriculture and Food: Develop effective patenting strategies for innovations in agriculture and food sectors, while ensuring compliance with relevant regulations and international treaties.

University IP Policy Support

IP Policy Development: Assist universities in developing comprehensive IP policies that align with their research and commercialization goals.
IP Training and Awareness: Provide training to university faculty, researchers, and students on IP rights,licensing, and commercialization.
IP Licensing and Negotiation: Offer guidance on negotiating IP licenses with external partners, ensuring fair terms and conditions.

Teaching and Training Support for Universities, Incubators, and Startups

IP Curriculum Development: Collaborate with universities and incubators to develop IP-focused curricula for students and entrepreneurs.
IP Workshops and Seminars: Conduct workshops and seminars on IP fundamentals, strategies, and best practices.
Mentorship Programs: Offer mentorship programs to connect startups with IP experts for guidance and support.

Support to Technology Transfer Teams

IP Due Diligence: Assist technology transfer teams in conducting thorough IP due diligence for research projects and commercialization opportunities.
IP Valuation: Provide expertise in valuing intellectual property assets to facilitate licensing negotiations and investment decisions.
IP Portfolio Management: Offer guidance on managing and optimizing IP portfolios to maximize their value.

Drafting Wills and Related Matters

Estate Planning: Assist individuals and businesses in drafting wills, trusts, and other estate planning documents to protect intellectual property assets upon death or dissolution.
IP Succession Planning: Develop strategies for transferring intellectual property ownership or rights within families or businesses.
IP Asset Valuation: Provide valuations of intellectual property assets for estate planning purposes.

Drafting All Kinds of Contracts and Agreements

Farming Contracts: Draft comprehensive farming contracts that address issues such as land use, crop sharing arrangements, and intellectual property rights related to agricultural innovations.
Manufacturing Contracts: Prepare well-drafted manufacturing contracts that outline terms for production, quality standards, intellectual property ownership, and dispute resolution mechanisms.
Private Label Contracts: Develop private label contracts that clearly define the relationship between the brand owner and the manufacturer, including intellectual property rights, quality standards, and pricing terms.

Other services:

IP Training and Awareness: Provide training to employees on intellectual property rights and how to identify and protect IP assets.
IP Documentation: Maintain comprehensive documentation of intellectual property assets, including patents,trademarks, copyrights, and trade secrets.
Cross-Functional Collaboration: Foster collaboration between legal, research and development, and business departments to ensure effective IP management.
Stay Updated on IP Laws and Regulations: Monitor changes in intellectual property laws and regulations to ensure compliance and adapt strategies accordingly.

By implementing these strategies and addressing the specific needs of your industry, you can effectively manage and protect your intellectual property assets, driving innovation and business success.