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Intellectual Property Rights Practice

Intellectual Property Rights Practice

IPR being a dynamic regime requires a specialized skill set and in-depth knowledge of the subject. S&A’s Intellectual Property Practice Group assist clients in all types of IP works like registrations, enforcement, commercialization, licensing/assignments, maintenance and evaluations of intellectual property rights in India. Our firm’s proprietary ‘knowledge management system’ with ERP and well-defined processes are utilized to accurately manage due dates and actions in IP prosecution and litigation cases of its clients. 

We cover a complete spectrum of intellectual property services in the fields of patents, trademarks, designs, copyrights, domain names, and geographical indications. Services offered are searches, watch service, registration of applications, investigations, litigation, interferences, alternative dispute resolution, negotiations, settlements, licensing, assignments, portfolio management, corporate transactions, registered user agreements, transfer agreements and IP due diligences.

Our IPR professionals also assist clients in issues arising out of franchising, advertising, internet and e-commerce, and outsourcing including managed services by third parties. The firm also looks after the litigation matters arising out of these issues.

We provide the IP litigation or alternate dispute resolution services conducive to enforce our client’s rights against violations by devising practical and swift legal recourses against infringements and/or passing off attempts by the third parties. The IP and litigation team is well versed in negotiation, settlements and assignments/licenses/arrangements between the parties. Our IP professionals have spoken at various fora and have published articles, white-papers, news-updates, etc. The Firm is often involved in conducting and participating in awareness programs organized to sensitize the public on importance of Intellectual Property Rights in today’s time and age. At S&A we provide a robust intellectual property strategy to implement effective solutions.

Patents

Turnkey solutions: Being a full-service firm, we provide turnkey solutions to our clients.

  • assisting our clients in creating IP awareness and initiating an aggressive patent portfolio rights;
  • advising on the best protection strategy for an invention which often includes secure licensing and assignments and then manage its implementation;
  • helping in designing internal systems for the most efficient and effective management of the IP and innovation processes;
  • providing corporate training programs to ensure that the client is capitalizing the maximum IP returns from its R&D investments and efforts;
  • conducting regular patentability and Freedom To Operate searches and keeping Watch on Competitors as well as the Technology Sector activities to help strategize on relevant technologies to invest the energy and time.

Drafting: : Our drafting experts comprising of engineers, biotech professionals, and pharmacists with industry experience help clients define a strong patent to maximize the invention’s potential, increase its value and keep it safe. Our experts deliver robust and comprehensive protection.

Prosecution: Our prosecution services right from drafting, filing of an application for patent to maintenance of patent at the Patent Office, and the strategic advice on patent portfolio management help our clients manage and maximize their use of patents.

In addition to standard prosecution of patents as per timelines an requisite formalities, we advise on issues such as:

  • amendments, validity, infringement of clients’ and third party patents;
  • licensing and assignment of rights in specific or absolute;
  • initiating or defending actions of opposition to the grant of patent over an application;
  • initiating or defending revocation of patents;
  • advising on exceptions to exclusivity of patents and compulsory licencing provision;
  • contest inventorship or the entitlement to grant;
Technology Sectors: Our multi-disciplinary expertise enables us to work across various industries such as :

  • Aeronautical engineering
  • Agriculture
  • Automotive
  • Biotechnology
  • Chemical
  • Cleantech
  • Construction
  • Electronics
  • Food
  • IT/Software
  • Materials
  • Manufacturing
  • Mechanical/Engineering
  • Medical devices
  • Nanotechnology
  • Oil & Gas
  • Optical technologies
  • Pharmaceutical
  • Semiconductors
  • Telecommunications

Trademarks

Our multi-faceted team deals with trademark services include watch service, registration of trademarks, oppositions, investigation, litigation, trademark licensing and assignments, and due-diligences. We understand that adequate importance needs to be paid in order to manage trademarks which is why we practice the following:

Client-“Wise” Consultancy: We advise clients ranging from a start-up to large multinationals, across all industries, regarding strategically protecting their brands and enforcing their rights in the fierce Indian market. Working across a broad spectrum of industries and at different levels of the brand building, our trademark attorneys are able to offer tailored advice to the specific needs of each client.

Systematic Approach: The Indian markets are growing every day. Trademark protection is becoming more and more complex as the Indian producers including minor manufacturers or traders now understand the value of a “brand” and hence try to capitalize the most out of a susceptible brand. From trademarks registration to brand building and protection to anti-counterfeiting services, our trademarks experts assist our clients in obtaining and maintaining the best legal protection.

Prosecution Services: The experienced trademarks Attorneys in the IP Team cover the entire array of tasks required before the Registrar of trademarks with respect to registration of a trademark or a registered trademark. We provide one stop solutions starting from searching and evaluating the brand report for the client, checking on chances of registration, preparing and filing of the trademark application with well-defined classes, attending to the office actions with appropriate responses and documentation for allowance of registration, and maintaining the registered mark before the Registry. We also assist our clients in licensing, acquiring or assignment of the trademarks.

In addition to standard prosecution and brand enforcement services, we also offer the following:

  • advise on validity and the infringement of clients’ and third party trademarks;
  • active trademarks watch-service to alert clients about similar trademarks filed for registration;
  • reviewing the possibility of amending marks to avoid overlaps with third party rights;
  • initiating or defending actions for the revocation of trade mark registrations;
  • initiating or defending actions for cancellation of a trademark;
  • Assisting clients in obtaining, Import Export Code, Licenses/Authorisations from Director General of Foreign Trade (DGFT) for availing export incentives or export/import of restricted goods or technologies.
  • assisting in transfer of rights or the acquisition of third party rights;
  • licencing and assignment of trademarks and assistance in negotiations with third parties;
  • valuation and/or monetization of trademarks.

Domain Names

S & A also provides services regarding various internet related IPR issues like registration and protection of domain names. We proudly boast of having been involved inactions before the Arbitration & Mediation Centre of the World Intellectual Property Organization in matters pertaining to domain name disputes.

Copyrights

Our seasoned professionals provide services under copyright law including applications for registration of copyright and dispute resolution relating to copyrights.

Our skilled team understands the nuances of the subject and provides expert advise on copyright in translations, abridgements or compilations of such works among other copyrights,

Geographical Indications

In compliance with the agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), India implemented the law on geographical indications, or appellations of origin as called in some jurisdictions, in 2003. Our legal team is fully equipped to provide advice on and deal with matters related to geographical indications. Our IP team guides clients ably as to how their IP interests can be enforced.

Designs

S&A’s IP Lawyers advice across the life cycle of designs. A design refers to the features of shape, configurations, patterns, ornamentation and composition of lines or colours applied to an article, in two or three dimensional (or both) forms. In India the design registration & protection is governed by the Designs Act, 2000 and the Designs Rules, 2001. Our lawyers are frequently called upon to provide strategic solutions on how to best protect, maintain and enhance valuable IP assets including designs. Support services

S&A aims to provide a one-stop shop for all IP related services to manage these services as an integrated whole. We provide a complete range of services for management of intellectual property including but not limited to:

Drafting of all agreement/contracts/deeds relating to assignment, conveyance, licensing of IP rights, IP Rights assessment and opinion, IP Portfolio management and assisting in technology transfer.

Support services

We provide complete range of services for management of intellectual property including but not limited to:

  • Drafting of all agreement/contracts/deeds relating to assignment, conveyance, licensing of IP rights.
  • IP Rights assessment and opinion.
  • We actively advice on IP Portfolio management.
  • Assisting in technology transfer.