Intellectual property rights have assumed considerable significance at all levels. Every country has developed statutory, administrative and judicial framework to safeguard intellectual property rights, whether they relate to patents, trademarks, copyright or industrial designs. The statutes lays down minimum standards for protection and enforcement of intellectual property rights in member countries which are required to promote effective and adequate protection of intellectual property rights in order to reduce distortions and impediments to international trade.

PATENTS

Patent is an exclusive monopoly right granted to an applicant over his invention for limited period of time in exchange of full disclosure of his/her invention. This exclusive right can be used for making, using, selling the patented product/process and preventing any unauthorized use thereof. A patent can be granted for an invention which may be related to any process or product which is novel, useful, and not oblivious in the light of the current technology.

Patents infringement
Making, using, offering to sell, selling or importing any patented invention, without the authorization of the owner during the term of the patent is termed as infringement.
The following remedies are available in case of infringement:

• Damages may be awarded for any monetary loss caused.
• Injunction may be granted restraining any further infringement.
• An order for accounts of profits.

COPYRIGHT

Copyright is a right given by the law to creators of:

• literary,
• dramatic,
• musical and
• artistic works and
• producers of cinematograph films and
• Sound recordings etc.

It is a bundle of rights including, inter alia, rights of reproduction, communication to the public, adaptation and translation of the work given exclusively to the creator of the work.

Copyright Infringement:
The commonly known acts involving infringement of copyright are:

• Making infringing copies for sale or hire or selling or letting them for hire.
• Distributing infringing copies for the purpose of trade or to such an extent so as to affect prejudicially the interest of the owner of copyright.
• Public exhibition of infringing copies by way of trade etc.

A copyright owner can take legal action against any person who infringes the copyright in the work. The copyright owner is entitled to remedies by way of injunctions, damages and accounts.

TRADE MARK

A trade mark (popularly known as brand name) in layman’s language is a visual symbol which may be

• a word,
• signature,
• name,
• device,
• label,
• numerals or
• combination of colors used by one undertaking on goods or services or
• Other articles of commerce to distinguish it from other similar goods or services originating from a different undertaking.

Under modern business condition a trade mark performs four functions:

• It identifies the goods / or services and its origin.
• It guarantees its unchanged quality
• It advertises the goods/services
• It creates an image for the goods/ services.
  

Trademark infringement
Infringement refers to the use of a trademark identical or similar (confusingly similar) to a trademark on which another party has exclusive rights. In many countries except US, where a trademark is not registered no legal action can be brought for its infringement. Legal proceedings can initiate for passing off, misrepresentation or in some countries for trade dress. The relief in form of injunctions, damages and accounts could be granted to the owner.

Our Services

We provide customized services and cost effective support services for searches, filing and other procedures pertaining to patents, copyrights, trademarks etc.

• Prepare check list to obtain information from the clients.
  
  
• Interview a client to garner complete information.
  
  
• Draft applications for registration of any Intellectual Property.
  
  
• Complete documentation for registration of any Intellectual Property.
  
  
• Conduct searches to verify the individuality, validity, study of prior art references, of the proposed Intellectual Property including patent research, engineering searches with regard to patentability and patent proof reading.
  
  
• Assist in the agreements for the use, supply, licensing and maintenance of software and hardware.
  
  
• Review marketing data and sales statements to verify any information as required by the client such as arrears of royalties etc.
  
  
• Assist in litigation i.e. a lawsuit resulting from the infringement of rights in Intellectual Property.