Intellectual Property Rights related Matters and areas of Concern at Chaudhary Advocates:
- Strategizing and filing of IP matters
- Managing IP portfolio
- Optimizing IP portfolio thereby improving the market position
Strategizing and filing of IP matter
Whatever product an enterprise makes or what service it provides, it gets necessary to systematically consider the steps required for protecting, managing and enforcing it, so as to get the best possible commercial results from its ownership. If you are using intellectual property that belongs to others, then you should consider buying it or acquiring the rights to use it by taking a license in order to avoid a dispute and consequent expensive litigation.
We at CA understand value of IP in business development and thus, assist our clientele to protect their innovations, or improved product or service, trade name and trademarks, creative original designs and assisting them with the publication, dissemination or retailing of a copyrighted work. We also strategize how to best use the IP system to its own benefit and plan the competitive strategy from product development to product design, from service delivery to marketing, and from raising financial resources to exporting or expanding your business abroad through licensing or franchising.
Managing IP portfolio
We consider IP as a business asset and provide best protection package to build a comprehensive IP portfolio.
Optimizing IP portfolio thereby improving the market position
IP is a valuable business asset as it may generate an income through licensing, sale via merger or acquisition.
We at CA provide licensing of agreements, which may be broadly categorized as-
- Technology License Agreement
- Trademark Licensing and Franchising Agreement
- Copyright License Agreement
Our Judicial framework provides well established statutory provisions to safeguard Intellectual Property.
Civil action for enforcement of Intellectual Property Rights, the following reliefs may be claimed in such suit:
- Permanent Injunction;
- Interim Injunction;
- Rendition of accounts
Criminal action for enforcement of Intellectual Property Rights
- Registration of First Information Report (FIR); or
- Filing of a Criminal Complaint before a Competent Magisterial Court with application for issue of search and seizure warrants directing the police to raid of the premises of the accused for seizure of the infringing material and arrest of the infringers.
We at CA understand the framework of the Indian Judicial system and work towards effective protection of Intellectual Property Rights by adopting right policies and strategies.
The protection under the umbrella of IP Laws acts as a defense mechanism to protect the inventors’ rights on their intellectual work and subsequently such diligent and intelligent IP strategy are likely to produce serious value.
The types of IP that every startup and every industry and every individual should understand and strategically consider to build landscape of their business are:
An invention which is product of human intellect and is protected under the patent laws.
- Patentable subject matter
- Industrial application
Patents generally relate to manufacturing processes, machines, articles of manufacture, or composition of matter that are deemed to fall in the above four attributes. It also covers tangible, technical inventions, such as new product features, and functions or improvements to client-server systems, motors, computer chips and various technical product features.
The realm of patent protection is not only extended to manufacturing processes but also in diverse fields such as financial services firms, Human resource firms which build on their patent portfolio by protecting certain methods related to financial transactions or for recruitment selection, personnel management.
The patent filing strengthens the patent portfolio and business of any startups, industries, as it plays pivotal role of protecting the invention from competitors and infringement.
A strong patent portfolio will help attract investors, since it may serve as an entry barrier against competitors. Furthermore, the filing of a patent application will enable the company to advertise “patent pending” along with its product or service before the same is granted.
Patents can also act as a financier for the business as they provide an additional opportunity to generate revenue from licensing.
WORDS, SYMBOLS, LOGOS, SLOGANS or PRODUCTS PACKAGING, and DESIGN that are coined or designed with a purpose to depict a brand or any product (goods or services) are termed as Trademarks.
Trademarks builds brand awareness among the consumers, and identify goods or services from other goods and services already floating in the market pool. With the emerging trend of startups, it is essential to protect brands early by registering key trademarks and as the company grows, it will become increasingly important to watch infringing uses of existing marks by the competitors. Such efforts will help ensure that the business is not losing customers due to confusion with knock-offs.
The creative expressions of ideas in form of books, music, art, photographs, architecture, and computer software are protected by Copyright. Only “an original work of authorship” is eligible to be copyrighted or the work which deems to involve some creative production and dissemination of authorial work, i.e. modicum of creativity can be copyrighted.
The Indian courts follow a balance approach by not rewarding copyright to derivative work, which is nothing but trivial modification of original work and by not setting the standard of originality at a high threshold. Thus, jurisprudence relating to originality of copyright is a balanced blend of two principles viz. Sweat of brow and modicum of creativity which protects the expression of ideas while encouraging others to build freely upon the ideas and information conveyed in the expression.
The distinct feature about laws of copyright is it doesn’t require the work to undergo registration process, that is, as soon as the work is recorded or written or fixed, it is considered to be copyrighted. However, registration provide right to file a lawsuit for copyright infringement. Registration is also necessary to receive certain remedies such as statutory damages, stopping of the importation of infringing or counterfeit works.
The copyright laws play a crucial role for the startups as the use of third-party photos, music, or writings on their website, marketing materials or products could lead to a potentially costly infringement dispute with the copyright holder. Thus, Startups should take steps to ensure that they receive the rights to any copyrightable work performed by employees or third-party contractors by framing specific requirements for works for hire, and employment and third-party contractor agreements to address ownership of any copyrightable works.