What is Intellectual Property(IP)?
Intellectual property refers to creations of the mind, such as inventions, literary and artistic works, designs and symbols, names and images used in commerce and corporate world.The importance of IP was first recognized in the Paris Convention for the Protection of Industrial Property (1883) and the Berne Convention for the Protection of Literary and Artistic Works (1886). Both treaties are administered by the World Intellectual Property Organization (WIPO).
What comprises of IP?
Patent - A Patent is a statutory right for an invention granted for a limited period of time to the patentee by the Government, in exchange of full disclosure of his invention for excluding others, from making, using, selling, importing the patented product or process for producing that product for those purposes without his consent. Patent is regulated by Patents Act, 1970 (No.39 of 1970) as amended by the Patents (Amendment) Act, 2005 and the Patents Rules, 2003.
Copyright – Copyright is a form of intellectual property law which protects original works of people which includes literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. Copyright is regulated by Copyright Act, 1957 and the Copyright Rules 1958.
Design - Design means only the features of shape, configuration, pattern or ornament or composition of lines or colour or combination thereof applied to any article whether two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye, but does not include any mode or principle or construction or anything which is in substance a mere mechanical device, and does not include any trade mark. Design is regulated through design Act
Trade Mark– It is a form of intellectual property law which means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colours. Trademark is regulated by the Trade Marks Act, 1999.
Geographical Indication– GI means in relation to goods, means an indication Which identifies such goods as agricultural goods, natural goods or manufactured goods as originating or manufactured in the territory of a country, or a region or locality in that territory, where a given quality, reputation or locality in that territory, where a given quality, reputation or other characteristics of such goods is essentially attributable to its geographical origin and in case where such goods are manufactured goods one of the activities of either the production or of processing or preparation of the goods concerned takes place in such territory, region or locality.GI is governed by The Geographical Indications of Goods (Registration and Protection) Act, 1999.
Our firm has a very active IP practice and works on each and every aspect of IP and provides the client best legal solution on the basis of law and rules related to this sector. We protect the patent rights across a range of technology sectors including chemistry, biotechnology, pharmaceuticals, electrical, electronics, food and related fields, telecommunications and software. We as a firm provide solution centric advice on filing and prosecuting patent applications. We also assist our clients on the licensing and assignment of design rights, drafting documents connected therewith. We deal with the design related matters in the field of automotive, handicraft, technical and medical instruments, watches, jewellery, fashion, industrial products and electrical appliances and many more.
We as a firm assist our client for filing and prosecuting applications to register copyright, advising on agreements for the licensing, sale or purchase of copyrighted material, handling cancellations of copyright and representing clients before the Copyright Office,and also help our clients in ensuring registration of trademark to secure rights in new age branding strategies involving colours, shapes and sounds. We also advice our clients on the assignment, licensing and franchising of trademark rights. We protect the rights of the business and their owners. We as a firm understand your business and resolve the client queries on the basis of law.