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Intellectual Property

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INTELLECTUAL PROPERTY

Intellectual Property (IP) refers to the creations of mind, such as inventions, literary and artistic works, Designs and symbols, names and images used in commerce. IP is protected in law by, for example, Patents, Copyright , Trademarks, Geographical Indications, and Designs which enable people to earn recognition or financial benefit from what they invent or create. By striking the right balance between the interests of innovators and the wider public interest, the IP system aims to foster an environment in which creativity and innovation can flourish.

Intellectual Property Rights guarantees protection against certain expression of the ideas duly created or ideas already existing . Intellectual property property can be used as a medium to protect the ownership of the registered proprietor in respect of the product and not the product itself. Intellectual property right guarantees different kinds of rights to the proprietor. For e.g. It gives right to the owner of the intangible property to sell and assign his work/creation/brand to anyone as per his discretion. Also the owner can prevent himself from possible infringement in case the work or created property gets violated by someone. The following are the services which are covered withing the meaning of Intellectual Property Rights.

WE PROVIDE INTELLECTUAL PROPERTY ADVICE FOR FOLLOWING

Trademarks
  • Conducting name availability searches, international searches, searches for well known trademarks and drafting of applications for the registration of trademarks.
  • Draft and review of power of attorney, affidavits, replies to notices issued by the trademark registry, oppositions petitions, rectifications, renewals, restoration, removal, licensing, plaints, written submissions, interim, applications, counter affidavits, counter claim, rejoinders and replies.
  • Representation before all the courts, IPAB for suits relating to infringement and passing off actions in trademark suits and attending hearing before the trademark registry.
  • Advisory/opinions for all trademark related queries, conducting IP audits, and providing due diligence to trademark portfolio management.
Copyrights
  • Assistance with conducting of searches, preparation, drafting and finalisation of copyright applications before the copyright office in the country.
  • Draft and review of power of attorney, affidavits, replies to notices issued by the copyright office, oppositions, rectifications, renewals, restoration, removal, licensing, plaints, written submissions, interim, applications, counter affidavits, counter claim, rejoinders, and replies.
  • Representation before all the courts, copyright office, and attending hearings before the copyright office.
  • Advisory/opinions for all copyright related query, conducting IP audits, and due diligence
Patents
  • Conducting of PCT searches, drafting, finalisation and filing of patent applications.
  • Draft and review of power of attorney, affidavits, replies to notices issued by the copyright office, oppositions, rectifications, renewals, restoration, removal, licensing, plaints, written submissions, interim, applications, counter affidavits, counter claim, rejoinders, replies, and compulsory licensing.
  • Representation before all the courts, IPAB, attending hearings before the patent office.
  • Advisory/opinions for all patents related query, conducting IP audits, and due diligence
Designs
  • Assistance with designs, draft, finalization and filing of design applications.
  • Draft and review of affidavits, replies, pleadings, plaint, renewals, written submissions, opposition petitions, reinstatement of design applications, vetting of design licensing and assignment applications.
  • Representations before all the courts, tribunals, & design offices in the country, portfolio management and maintenance of designs and enforcement of design rights.

How We Can Help You With Your Intellectual Property Rights

We are team of senior attorneys with many years of government and industry experience understand the intricacies of litigation involving issues around Intellectual Property Rights. We have been handling various disputes related to IPR infringements which include representing our clients before various courts, authorities and forums in complex litigations issues, appeals and opposition proceedings. Our deep understanding of Patent Laws, coupled with knowledge of science and technology enables Rai & Associates to deliver positive results to the needs and satisfaction of clients.

We serve the clients of all sizes – from start-ups to SMEs and big corporate houses. Our 360-degrees Intellectual Property Rights consultancy services span across all the industries through the entire life cycle of IP assets – ideation, development, nurturing, promotion, exploitation, commercialisation, licensing, assignment and sale. We manage your IP portfolio as well as handle your IP litigation; thus, freeing-up your precious time that can be better utilized towards business growth. We also manage tricky IP and technology law aspects of corporate and commercial transactions through our talented team of lawyers equipped with scientific knowledge of products and processes.

Our Intellectual Property Rights attorneys experience benefits you in several key areas. We:

  • Clarify options and potential scenarios surrounding your case.
  • Assist you in collecting the proper documentation.
  • Correctly classify the application and ensure requirements are met.
  • Prepare and submit all forms and documentation.
  • Communicate with the appropriate government staff.
  • Monitor the entire documentation process.

Intellectual Property Rights Attorney Experience & Responsiveness that Makes a Difference. Our Attorney Pledge:

  • 100% focused on processing your documentation and case quickly & successfully.
  • Strong Intellectual Property Rights lawyer experience & deep knowledge of legal aspects in India.
  • Best in class service and a commitment to open, responsive communication.
  • Outstanding level of Intellectual Property lawyer service at an affordable FLAT rate.
  • To discuss your case call: (415)-693-9131 or Mail Us.

Something very important you may want to know

Frequently Asked Questions

  1. 1
    What is the Duration of Copyright ?

    a) If published within the life time of the author of a literary work, the term is for the life time of the author plus 60 years, after such period it may not renew. (b) For cinematographic films, records, photographs, posthumous publication, anonymous publication, works of government and international agencies, the term is 60 years from the beginning, of the calendar year following the year in which the work was published

  2. 2
    Any one can apply for Trade Marks Registration ?

    A person who claims to be the proprietor of the trademark can apply for the registration of its mark for goods as well services. A person may apply for registration of a trade mark to the Trademark office under whose jurisdiction the principal place of the business of the applicant in India falls. In case, the principal place of business is outside India, then the application can be filed in the Trademark office under whose jurisdiction the office of the lawyer appointed by you is located. In case of a company about to be formed, anyone may apply in his name for subsequent assignment of the registration in the company’s favor. Before making an application for registration it is prudent to conduct a trademark search in the Trademark office in context of the already registered trademarks to ensure that registration may not be denied in view of resemblance of the proposed mark to an existing one or prohibited one.

  3. 3
    What Symbol have to adopt for better Protection ?

    A symbol can be used only once the mark is registered with the Trade Marks Registry and registration certificate is received by the applicant. Where an application is pending before the registry, it is not proper or legal to use the above mentioned mark. Pending registration, one can use the words TM within a circle indicating pending registration of a trade mark or the words SM within a circle indicating pending registration or a service mark.

  4. 4
    What is the effect of registration of design?

    The registration of a design confers upon the registered proprietor ‘Copyright’ in the design for the period of registration. ‘Copyright’ means the exclusive right to apply a design to the article belonging to the class in which it is registered.

  5. 5
    Is it possible to re-register a design in respect of which Copyright has expired?

    No. A registered design, the copyright of which has expired cannot be re-registered.

  6. 6
    How can get Patent Registration in India ?

    Patent is an exclusive right granted to a person who has invented a new and useful article or an improvement over an existing article. The basic criteria for the registration of patent is that, the invention should be new, useful and industrial applicable. We provide our client’s professional and high quality service that could best meet their requirement. We provide cost effective Patent Registration in India and all parts of the world. Our fee is very fair and practical and therefore the clients entrust their cases to us and expect satisfactory service with an excellent cost to performance ratio.

  7. 7
    What are the Type of the Patent ?

    Normally two type of patent are available in India :- 1. Product Patent and 2. Process Patent.

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