Areas of Practice
Types of Intellectual Property:
Patent provides its owner the right (in the form of patent claims) to exclude others from exploiting the patented technology which includes making, using or selling the patented invention for a limited period of years in exchange of public disclosure of the invention. A patent is important because it safeguards your invention. Patent can protect any product, design or process that meets certain specifications according to its originality, practicality, suitability, and utility.
Patent helps its owner to regain the development costs and obtain an investment for the development of the patented technology. Patent stimulates research and it is critical for raising venture capital.
The patent owner can also give license to a third person to use, sell and extract benefits from his patented invention, for an amount already decided as royalty.
Industrial design recognizes the new and original features of new shape, configuration, surface pattern, ornamentations and composition of lines or colours applied to articles which in the finished state appeal to and are judged solely by the eye.
Normally, the outer appearance of a product makes it visually more appealing and attractive. This outer appearance of the product is a value adding aspect and this can be used to increase the marketability of the product. In some cases, designs become the identity of a brand.
When a product of a design is protected, it helps its owner to stop counterfeited product from destroying the legitimate brand’s market and defaulting on the legitimate brand’s visual promise of efficacy and safety.
Also, obtaining an exclusive design rights to a product may result in a substantial return on the investment, as it will allow you to prevent others from reproducing a popular design.
If you believe that your design is original and has commercial value, it is worth to invest in a design registration.
Trademark is another word which refers to brands or brand name. Mostly, purchasing decisions of the consumers are mostly influenced by trademarks and their reputations such brands represent.
Trademark is the best way to distinguish your business from you competitors. A single brand name or logo can convey intellectual and emotional attributes and messages about you, your company, and your company’s reputation, products and services.
Trademarks are the efficient communication tool to attract attention of consumers and helps you and your products to stand out in a crowded market. Trademarks are the one of the most critical factor that influence consumers purchasing decisions.
Registering a trademark protection helps both the business and consumers as well. Trademarks help the consumers to find you and prevent consumers from confusing your product with your competitor’s product. Wisely, choose a logo or name that exceptionally identify your business or brand and protect it from competitors.
When someone creates a literary and artistic work which is original and requires a significant mental activity and then the literary and artistic work can be protected by copyright laws. Examples of such literary and artistic work includes include computer software, art, poetry, graphic designs, musical lyrics and compositions, novels, film, original architectural designs, website content, etc.
Copyright protection provides the creator with complete authority of deciding whether or not or to what extent the work could be copied and re-used. This means, the creators of original literary and artistic work and anyone they give authorization, are the only ones with the exclusive right to reproduce the work.
Copyright protection empowers the creator of the original work to profit from your creative assets. They can sell their copyrighted assets and lease them in exchange for license fees and loyalties.
Geographical Indications commonly referred as GI tag, is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin. In order to function as a GI, the sign must identify a product as originating in a given place.
GI tags are issued to a product for identifying the product with its uniqueness specific to a region or traditional method of production. The quality and characteristics of these products are essentially due to the geographical attributes of the region where they are being produced.
Likewise, how a patented invention is associated with the company or the inventor, the geographically indicated product is associated with its region.
Geographical indication protection provides the producer with legal rights to prevent anyone who does not belong to his geographical region from misusing his certification. It is the best way to prevent damages to the reputation of genuine producers and their high-quality goods.
Additionally, the GI tags also creates value for local communities through products that are deeply rooted in tradition, culture and geography.
A trade secret is confidential information that provides a business with an economic and competitive advantage and is not known to the general public. A trade secret can be anything of value to your company that is unique and not known to persons outside your company. This potentially includes inventions, processes, and formulas, but unlike patents, also includes customer and supplier lists, business methods and processes, and other business information that gives a competitive advantage.
If anyone is willing to protect a trade secret, it is crucial that it to be kept a secret. Trade secrets once lost, the secret becomes public knowledge and the protection is gone forever.
A semiconductor integrated circuit is an integral part of every computer chip used in modern computers and smartphones. The layout designs of these semiconductor integrated circuits are nothing less of an artwork. The computers belonging to the fifth generation are using Very Large Scale Integration (VLSI), where numerous transistors are being accommodated on a single chip, reducing the size of the chip and at the same time increasing its processing power significantly. These mechanisms are ultimately aimed to develop smaller and more powerful computers. Thus, in order to promote the development and protection of such technologies, an incentive was taken by various organization across the world to regularize the laws related to protection of Intellectual Property in Layout Designs of Semiconductor Integrated Circuits. The leading organizations amongst these were the World Trade Organization. India is a signatory of WTO, also passed an Act in conformity with the TRIPS agreement called the Semiconductor Integrated Circuits Layout Designs Act (hereinafter referred to as ‘SICLD Act’) passed in the year 2000.
Plant variety protection provides legal protection of a plant variety to a breeder in the form of Plant Breeder’s Rights.
Plant Variety Protection and Farmers Rights (PPVFR) Act, 2001 (‘Act’) is a sui generis system that intends to establish an effective system for protection of plant varieties and the rights of plant breeders and farmers. It provides legal protection of a plant variety to a breeder in the form of Plant Breeder’s Rights (PBRs), which is a part of intellectual property rights system that offers exclusive rights to a breeder of the registered variety.
The Act prescribes the registrable plant varieties that can be registered for protection, namely:
- New varieties
- Extant variety
- Farmers’ variety
- Essentially derived variety