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IT & Intellectual Property

The Intellectual Property team of the firm has expertise in the areas of Registration of trademark/service mark, advising and Counseling on trade secret, Registration of copyright, Filing of patent application, Registration of Design and Geographical Indications.

The law firm has a strong Patent practice, and caters the same in several area of technology. The firm also provides legal services for Prior Art Searches, Patent Drafting, Patent Application Preparation, Patent Writing, Patent Prosecution and Patent Litigation. The firm also offers similar services for other Intellectual property rights like Trademarks, Copyrights, and Design. The law firm offers its legal services in search, filing, prosecution and registration of Trademarks at USPTO, India, New Zealand, Australia, United Kingdom, Nepal, UAE, Egypt and Canada Trademark Office. The professionals and the firm have represented several international clients to provide Trademark Prosecution services in India.

The Professional of the firm has been advising its clients on the selection, availability, use and registration of trademarks/service marks, Registration of patent and copyright applications within India and abroad.

The Intellectual Practice (IP) practice group contains several diverse individuals with scientific and non scientific backgrounds to facilitate patent filing and prosecution. The firm also has attorneys who have extensive experience in the litigation of intellectual property conflicts especially for Trademark and Copyright infringement and passing off. Besides the aforesaid, the firm has been advising and counseling towards negotiating and drafting a variety of license, assignment and sale agreements.

Broadly the firm renders its services for:

  • Registration, and renewal of trademarks /service marks,
  • Registration of copyrights,
  • Drafting of patents, and filing of patent applications
  • Registration of designs
  • Preliminary investigations into potential inventions
  • Counseling, rendering opinions and Drafting of agreements
  • Infringement and Passing-off action
  • Counterfeit Product Investigation/Seizure

    Tradmarks

    THE TRADEMARK LAW IN INDIA

    The law of trademarks is enshrined the Trade Marks Act, 1999 came into force with effect from September 15, 2003, before the enforcement of the same, the Trade and Merchandise Marks Act, 1958 was in force and with the new act coming into force the earlier act was repealed. The new Trademarks Act of 1999 is in accordance with the WTO recommendations, and is in conformity with the TRIPS Agreement to which India is a signatory.

  • SALIENT FEATURES OF THE TRADEMARKS ACT, 1999
  • Registration of Service Marks is allowed in addition to Trademarks for goods.
  • No separate application necessary for each category/class of goods or services; a single application would do, however filing fee will be charged separately for each class of goods/services.
  • The term of registration of trademark is ten years (earlier seven years), subject to renewal thereafter.
  • The system of maintaining registration of trademark in Part A and Part B with different legal rights, dispensed with.
  • Registration of trademarks which are imitations of well known trademarks not permitted.
  • Registration of Collective Marks owned by associations allowed.
  • Offences relating to trademark made cognizable.
  • Extension of application of convention countries.

    The Trademarks Act, 1999 provides protection to the owner of a trademark and imposes criminal liabilities for the infringement of the trademark owner’s rights. To enjoy protection, the owner of a trademark must apply for registration with the Trademark Registrar of the Registry of Trademarks, India. The Trademarks Act is also applicable to the protection of service marks, certificate marks and collective marks. The Trade Mark Registry Office performs the statutory duties in connection with the registration of Trade mark and other activities related thereto. Trade Mark offices are located in Ahmedabad, Chennai, Kolkata, Mumbai and New Delhi.

    OUR SERVICES

    We provide comprehensive services for trade mark
  • Advice and Counseling on Trademarks
  • Trade Mark searches with the Trademarks Registry
  • Registration of Trademarks
  • Contesting Oppositions under the Trademarks Act
  • Investigation services
  • Trademark licensing
  • Trademarks Assignment
  • Contentious (Litigation) services before the Civil Courts, and the special Tribunal for Intellectual property
  • Portfolio Management

    Copyright

    Our services under the copyright include preliminary advice & consultancy, filing of applications for registration before the Indian copyright office, and Copyright litigations.

    The Copyright under the Indian Copyright Act, 1957, subsists in following classes of work:

  • Original literary, dramatic, musical and artistic works;
  • Cinematograph films; and
  • Sound recordings
  • The object of the copyright law is to protect the unlawful reproduction of the materials or creations of the creator, authors, writer, and artist.
  • The object of the copyright is to protect unlawful reproduction of the creativity of the creator, authors, writer, artist etc.

    Under the Act, the copyright office is to maintain a register in which upon the application made for registration, the copyrights are registered and a copy of the same is retained. India is a signatory to various copyright conventions like Berne convention, International convention of copyright and provides protection to the copyright of original literary, dramatic, musical and artistic works, cinematograph films, and sound recordings.

    Where the copyright in any work as defined under the Copyright Act, is infringed, the owner of the copyright shall be entitled to all such remedies by way of injunction, damages, rendition of accounts etc. under the Civil Law, and is also eligible to invoke the criminal prosecution as per the provisions of the Act.

    As a general rule the term of a Copyright under the Indian Laws is 60 years, and the said period is counted from the year following the death of the author in the case of original literary, dramatic, musical and artistic works. The period is counted from the date of publication In the case of cinematograph films, sound recordings, photographs, posthumous publications, anonymous and pseudonymous publications, works of government and works of international organizations.

    Originality of the work is the key test for the grant of Copyright by the Indian Copyright Office. The Copyright shall subsist only:

  • If in the case of published work, the work is published in India or where the work is published outside India the author was at the date of publication citizen of India;
  • In case of unpublished work, the author at the date of making the work is citizen of India or domiciled in India;
  • In case of work of architecture the work is located in India
  • Copyright also exists in translations, abridgements or compilations of such works, provided the permission of the Copyright holder is obtained. The Computer programme for the purposes of the Copyright are considered as literary works and are also protected under the Copyright Act.

    Our Services under the Copyright includes:

  • Preliminary advice and consultancy
  • Strategizing and Counseling for registration
  • Registration before the Copyright Office
  • Licensing and Assignment of Copyrights
  • Infringement actions under Civil and Criminal Jurisdictions

    Patents

    Daksh International takes pride in the fact that it is one of the few firms in the Country that is in a position to undertake the important assignment of drafting Patents in various fields of science. The firm closely works with experts in the relevant fields along with its lawyers from the very inception till the grant of the Patent by the Indian Patent Office. The firm also handles technology and know-how transfer, assignment, licensing and protection of confidential information Litigation involving intellectual property is undertaken by our litigation department in conjunction with our intellectual property lawyers. The IP team of the firm is fully equipped in dealing with all kinds of intellectual property issues, whether they are traditional involving simple registrations of any trademarks, Designs, Patents, Copyrights etc. before the various Authorities & bodies in the Country under the various Laws and legislations, conducting litigations to contest violations, or drafting complex agreements for use of trade marks in order to protect the proprietary rights of our clients

    OUR SERVICES FOR PATENTS AND DESIGNS

  • Patentability Search and Analysis
  • Freedom to Operate Search and Analysis
  • Invalidity Search and Analysis
  • Technology Mapping and Landscaping
  • Patent Drafting, Filing and Prosecution
  • Infringement Analysis

    Designs

    The outer appearance (shape, configuration and pattern or ornamentation) of an article or goods can be protected or secured through a registered design under the Indian Designs Act, 2000. The Indian Designs Act recognizes and protects the exclusive rights of the registered proprietor in the design. Once the design stands registered, the protected article/ goods can be applied or used under the relevant class in which the same has been registered for the commercial usage.

    Designs play a significant role in the modern world. The other side of the spectrum is that the designing activity is the realm of industrial production under few sectors. Appreciating and addressing the paradigm shift in the concept of industrial designs, India recently amended its Designs Act to suit the latest industrial and business requirements in the Country. The objective of the design registration is to ensure that the artisan/creator/originator of the design having a particular shape, figure, pattern, etc. is not deprived of his bonafide reward and labour in application of the same to his goods.

    A design to be registrable must be novel, new or original. The Term original means something which the author must have designed with his own skill and labor, and must only be originating from the author. Most countries provide for national design Legislations providing for a mechanism to register the designs in the respective territories. The process of registration usually starts from filing of applications for registration of designs in the prescribed format, removing the objections, if any, approving of the application by the Examiner, and culminating in design registration. India has assumed a new classification that conforms to the Locarno Classification of industrial designs. India is also one of the parties to the Paris Convention.

    The design sought to be registered should be novel or original, not previously disclosed or published or used in any country worldwide before the date of application for registration. The design should not contain / include any Trade Mark or property mark or artistic works, etc. The Industrial plans, layouts and installations are not registerable under the Indian Designs Act.

    The design must appear and should be visible on the finished article or should appeal to and is to be judged solely by the eyes. Any mode or principle of construction or operation or any thing which is in substance a mere mechanical device, would not be registerable as a design.

    The cutting edge of our firm also includes an enforcement team, which boasts of a considerable experience in all kinds of intellectual property enforcement in a broad spectrum consisting of diversified products and services. Immense experience coupled with clear understanding of Intellectual property Laws, modus operandi of counterfeiting in various industries viz. FMCG, pharmaceuticals, entertainment, software, hardware etc. The firm on engagement has the capability and experience of successfully conducting simultaneous multiple actions pertaining to infringement of intellectual rights in different regions of the country.