Intellectual Property Rights

IPR Intellectual Property Rights

Our intellectual property experts’ team offered and provides the pan India legal solution and services as we have extensive experience in advising on complex issues in the domain of IP.

Our expert team of IP is exclusively work in the IP domain and is qualified to provide the legal solution on the complex issues as well as advice to our clients on Trade Mark, Patent, Copyrights, Designs, Geographical Indications, data base rights and rights in software, trade secrets and confidential information protection from exploitation and assist in acquisition and disposal and provide assistance and advice on digital and interactive media, internet, domain, e-commerce, data protection

Our experts of IP assist and provide the solution as per need and requirements of clients and on specification prepare, draft and negotiate all form of collaterals/commercial, IP & Technology contract, such as non-disclosure, evaluation, collaboration, outsourcing, licensing, manufacturing, supply, agency, distribution and franchising agreements, and terms and conditions of business.

Our expert IP team deals with all kind and size IP dispute and provide every legal solution in India, as we have extensive experience to deal with the complex issue of IP;

We regularly advise on patent infringement and validity proceedings, trade mark infringement and passing off claims (with expertise in parallel imports, anti-privacy and counterfeiting campaigns), domain name disputes, copyright, design rights and database rights, IT disputes related to software development and outsourcing contracts, technology ownership disputes and IP and IT warranty/indemnity claims.

We provide assistance for registration of Trademarks, Copyrights, Patents, industrial designs, domain etc..

Copyrights

We advise on all aspects of intellectual property and information technology law, including copyrights in all industries as well as the performing copyright rights. We provide advice and complete solution on the copyrights including registration of copyright, licensing, assignments, transmition, and acquisition and protect and defend copyrights of clients from infringement before the courts. We have immense experience in dealing with the matters related to the infringement of trademarks, copyright, industrial designs and patents including;

Portfolio management and strategic advice
Competitor intelligence searches
Negotiation of licences and other exploitation agreements
Filing and prosecution of patent application and trade marks
Due diligence
Competitor tracking
Advice on registered designs and unregistered design rights
Filing and prosecution of registered designs world-wide
Registered design searches
Litigation
Advice on registered design disputes
Oppositions and appeals

In information technology we have experience of licensing for suppliers and users, IT leasing arrangements, software development applications, IT strategy, Internet and website issues, e-commerce, e-mail policies, outsourcing and IT company acquisitions, disposals and funding, IT audit work.

Indian Copyright, Computer and Internet Law

In India, the legal framework governing copyright, computer, and internet law is primarily governed by the Copyright Act of 1957, the Information Technology Act of 2000, and the rules and regulations issued under these laws.

The Copyright Act of 1957 protects the rights of authors, performers, and producers of literary, artistic, and musical works, as well as cinematographic films and sound recordings. Under the Act, copyright owners have exclusive rights to reproduce, distribute, and communicate their works to the public, and can take legal action against anyone who infringes on their rights.

The Copyright (Amendment) Act, 1994, contains penal provisions. However, enforcement in this area is weak. Therefore, software piracy is common. Nevertheless, foreign companies should take a broad view in this regard. If profits from sale are likely to exceed piracy losses, it might still be worthwhile licensing software in India. Additionally, software development is a high priority industry attracting several Government benefits and allowances. Many overseas computer companies are developing software in India. We provide comprehensive services in registering copyrights.

The Information Technology Act of 2000 deals with issues related to electronic commerce, online transactions, and data protection in India. It provides legal recognition for electronic documents and digital signatures, and establishes penalties for cybercrimes such as hacking, identity theft, and cyberstalking.

One of the key aspects of computer and internet law in India is the regulation of online content. The government has the power to block or restrict access to websites and content that are deemed to be offensive, immoral, or against public order. This has led to concerns about freedom of expression and censorship in the country.

Another important issue in computer and internet law in India is data protection and privacy. The government has established the Personal Data Protection Bill, which seeks to regulate the collection, use, and sharing of personal data by businesses and organizations in the country. The bill aims to protect the privacy and rights of individuals, while also promoting the growth of the digital economy.

Overall, the legal framework governing copyright, computer, and internet law in India is evolving rapidly to keep up with the changing technological landscape. The government and other stakeholders are working to balance the needs of creators, consumers, and businesses while also protecting the rights of individuals and promoting innovation and growth in the digital economy.

Performing Copy Rights

Copyright is a legal right granted to the creator of an original work, such as a literary, musical, or artistic work, giving them the exclusive right to use, distribute, and profit from their work. In India, the copyright law is governed by the Copyright Act of 1957, which was amended in 2012 to keep up with the changing technological landscape.

Performing copyright refers to the rights that are granted to performers, such as musicians, actors, and dancers, who perform copyrighted works. In India, performing copyright is protected under Section 38 of the Copyright Act of 1957.

Performing copyright gives performers the exclusive right to perform, broadcast, or communicate to the public their performance of a copyrighted work. This means that if a musician performs a song that is protected by copyright, they have the exclusive right to perform that song in public and to prevent others from performing it without their permission.

To enforce performing copyright in India, performers can take legal action against anyone who infringes their rights. This may involve seeking an injunction to prevent further infringement or claiming damages for any losses suffered as a result of the infringement.

The Copyright Act also provides for criminal penalties for copyright infringement, including fines and imprisonment. This means that individuals or entities that infringe on performing copyright can face serious consequences under the law.

In addition to legal action, performers can also protect their performing copyright by registering their performances with the Copyright Office in India. Registration provides proof of ownership and can be useful in cases of infringement or disputes.

Overall, performing copyright is an important aspect of copyright law in India, as it protects the rights of performers and encourages creativity and innovation in the arts. By enforcing performing copyright, performers can ensure that they receive fair compensation for their work and that their creative output is respected and valued.

Trademark

We advise on all aspects of intellectual property and information technology law, including Trademark in all industries. We provide advice and complete solution on the trademark including registration of trademark, licensing, assignments, transmition, and acquisition and protect and defend trademark of our clients from infringement, passing off by way of filing petition and counter before the courts and competent authorities. We have immense experience in dealing with the matters related to the infringement of trademarks, copyright, industrial designs and patents which includes;

Portfolio management and strategic advice
Competitor intelligence searches
Negotiation of licences and other exploitation agreements
Filing and prosecution of patent application and trade marks
Due diligence
Competitor tracking
Advice on registered designs and unregistered design rights
Filing and prosecution of registered designs world-wide
Registered design searches
Litigation
Advice on registered design disputes
Oppositions and appeals

Patents

We advise on all aspects of intellectual property and information technology law, including patent. This involves identifying valuable areas of technology, securing appropriate protection, and advising on development and exploitation strategies through technology transfer agreements, confidentiality agreements, and patent applications, licensing, joint ventures, and litigation.

We offer and provide assistance & services for intellectual property and information technology law including copyright, trademark and patent including;

Portfolio management and strategic advice
Competitor intelligence searches
Negotiation of licences and other exploitation agreements
Filing and prosecution of patent application and trade marks
Due diligence
Competitor tracking
Advice on registered designs and unregistered design rights
Filing and prosecution of registered designs world-wide
Registered design searches
Litigation
Advice on registered design disputes
Oppositions and appeals

Industrial Designs

The Firm acknowledges the role of industrial design in view of its being part and parcel of the article manufactured and has assisted clients in the registration and cancellation thereof.

Indian Competition Law

Competition law has assumed great importance in the wake of economic reforms. Careful studies should be undertaken before marketing products in order to ensure inadvertent breaches of the Monopolies and Restrictive Trade Practises Act, 1969, (“MRTP”), trade mark and consumer protection laws. It is quite common to read about cases where one advertising agency has filed a complaint before the Competent Authority established under the MRTP against another agency for stealing their advertising concept for another product.

Indlex assists in conducting the necessary intellectual property due diligence and other related issues pertaining to unfair competition, including representation before the Competent Authority. In addition, we also assist in drafting distribution and agency agreements conforming to the MRTP and Sale of Goods Act, 1930. We advise on whether a particular distribution agreement will require prior registration with the MRTP Commission.