1. Trade Mark Law

A Trademark is a source identifier and provides a business its unique identity. The main function of a Trademark is to differentiate the goods and/or services of one source from another thereby mitigating the chances of any confusion amongst the relevant section of the public.

The Firm understands the value of trade marks for its diverse client base and accordingly possesses a high level of expertise with regard to the conceptualization, development, management and protection of the trade mark, logo mark or even device mark in India and overseas. The Firm provides an in-depth analysis on the availability and registrability of a trade mark and provides assistance in every step of the registration process and maintenance of the trade mark post-registration. Emphasis is laid on responsiveness and quality of the services that are offered by the Firm.

We assist you in registering, managing, and protecting your trade marks, ensuring your intellectual property remains secure.

1. Copyright Law

A copyright comes into existence as soon as an original published or unpublished literary, artistic, dramatic, cinematograph film or sound recording work is created. Under Copyright law in India, the copyright is exclusively provided to the creator of the work and specifically provides amongst other rights, the right to prevent others from reproducing, selling or licensing the work.

The Firm has been in the forefront on advising its clients on copyright law and related arrangements by way of agreements. The Firm has extensive experience in negotiating and drafting publisher agreements, designer agreements, advertising agreements, assignment and licenses, distributor’s contracts and value added re-seller agreements etc.

The Firm effectively represents authors, musicians, lyricists, software programmers and artists in procuring copyright registrations in India.

1. Design Law

A design right protects the distinct appearance of a product, by providing a monopoly over the design of the product. Conception of a design requires investment of considerable amount of time and capital and plays an important role in the sales of the product by shaping a buyer’s preference for that article.

Under the Indian Designs Act, 2000 only those designs that are new or original are a subject matter of design registration in India. A design cannot be registered if it is not significantly distinguishable from known designs or combination of designs. Under design registration law, the proprietor gets returns on the investment that it had made in developing the design.

The Firm helps its clients in securing and protecting the designs for their products. The Firm has developed a customized system having records of granted designs and pending design applications in India that enables the Firm to maintain proper tracks of the deadlines and take actions on matter in a time-bound manner.

1. Plant Variety Protection

Plant variety protection provides legal protection of a plant variety to a breeder in the form of Plant Breeder’s Rights (PBRs). PBRs are intellectual property rights that provide exclusive rights to a breeder of the registered variety. In India, the Plant Variety Protection and Farmers Rights (PPVFR) Act, 2001 is a sui generis system that aims to provide for the establishment of an effective system for protection of plant varieties and the rights of plant breeders and farmers.

A certificate of registration for a variety issued under this Act confers an exclusive right on the breeder or his successor, his agent or licensee, to produce, sell, market, distribute, import or export the variety. Application for registration of plant varieties can be made in the office of Registrar, PPV & FRA, New Delhi.

Registrable Plant Varieties in India

The following types of plant varieties can be registered under PPVFR Act, 2001:

• New varieties
• Extant variety
• Farmers’ variety
• Essentially derived variety

A new variety shall be registered under PPVFR Act, 2001 if it conforms to the criteria of novelty, distinctiveness, uniformity and stability.

Non- Registrable Plant Varieties in India

The following types of plant varieties cannot be registered under the PPVFR Act, 2001:

• Any variety where prevention of commercial exploitation of such variety is necessary to protect public order or public morality or human, animal and plant life and health or to avoid serious prejudice to the environment.
• Any varieties that involves any technology which is injurious to the life or health of human beings, animals or plants. The expression “any technology” includes genetic use restriction technology and terminator technology.
• Variety belonging to the species or genera which is not listed in the notification issued by the Central Government.

Duration of Protection for a Registered Variety

• Trees and vines– 18 years from the date of registration of the variety.
• Extant varieties– 15 years from the date of notification of that variety by the Central Government under Seed Act, 1966.
• Other crops– 15 years fifteen years from the date of registration of the variety.

SERVICES

• Advising and assisting clients in determining the availability of a variety for registration, seeking clearance from Plant Variety Registry, searches in the Official Journal of Plant Varieties, denomination clearance, fulfillment of registrability criteria
• Gene and protein sequence searches
• Filing notices of opposition/cancellation against any application/registration of infringing varieties on behalf of our clients
• Assisting clients in enforcement of their rights in their registered plant varieties
• Assisting clients in research and commercialization of registered plant varieties
• Advising clients on various matters pertaining to plant variety protection

1. Geographical Indications:

Geographical indication of goods is the intellectual property that indicates the place of origin of a good or product and refers to the country or to a place in a country from where the product has originated. The geographical indicators are extremely important as they denote to a consumer the assurance of quality and distinctiveness of the product. Examples of geographical indicators include Basmati Rice, Darjeeling Tea, Pochampally Ikat.

In India, the protection of geographical indicators is governed by The Geographical Indicators of Goods (Registration & Protection) Act, 1999, that seeks to provide for registration and better protection of geographical indications relating to goods in India. The registration of geographical indications confers certain rights on the registered proprietor and the authorized user and they can institute suit for infringements of geographical indications. The Firm assists its clients in registration and better protection of geographical indications.

1. Semiconductor Integrated Circuits:

Semiconductor Integrated Circuit means a product having transistors and other circuitry elements, which are inseparably formed on a semiconductor material or an insulating material or inside the semiconductor material and designed to perform an electronic circuitry function. These semiconductor integrated circuits are utilized in a number of products such as watches, television sets, washing machines, automobiles etc.

In India, semiconductor integrated circuits are protected by The Semiconductor Integrated Circuits Layout – Design Act, 2000. This Act is a supplement act to the Indian Design Act, 2000 and provides for intellectual property protection for semiconductor integrated circuits layout designs. A layout design expressed in any manner, which is original, which has not been commercially exploited for more than 2 years from the date of application for the registration, which is inherently distinctive and capable of being distinguishable from any other registered layout design, is protected or registered under the Act. The Firm provides its services with respect to registration of semiconductor integrated circuits layout designs and protection against infringement.