Intellectual Property Rights (IPR) have their origin in use of creativity, intelligence and sheer human effort to create something unique and never seen before, which is referred to as intellectual property. IPR are a way to safeguard your creation, which could be an invention, an idea, literary and artistic work, logos, images, designs, crafts used in commerce etc. The owner can apply for a copyright, patent or trademark, depending on the type of creation to have rights over its usage and commercial exploitation. Being creations of the human mind, intellectual property can reap a lot of financial gains and recognition for the creator. No doubt we have a dedicated body of the government for IPR, there are awareness drives and heavy penalty for violation of IPR. The number of lawsuits being filed alleging intellectual property rights infringement are on the rise. Much to the creator’s dismay, at times he/she is not legally entitled to get his work protected since he/she did not get it registered or protected in the first place. Our IPR lawyers in Chandigarh have been helping numerous clients and guiding various others to make sure their efforts are safeguarded and in case of any legal trouble, they have the best of lawyers defend them.
Lawyers For Patent
A patent is a legal document which the government grants to the inventor for his invention, for a limited time period. A patent gives the creator the exclusive rights to the inventor to commercially exploit his/her invention by selling it, replicating it and derive the most from it. Patent can be applied for by any individual who is a genuine and first inventor of the invention, or any of his/her assignee or legal representative. Before applying for a patent, the individual must patent search first to make sure the invention is unique and not patented already. After a thorough search, patent specification is prepared, with all the right techno-legal language being used. Our lawyers have been helping clients with filing of patent applications after careful drafting. What matters is the priority date. The patent claim must not be publicly available before priority date is taken in since that complicates the matter of grant of patent protection. Delay in applying for a patent could mean that the information could already be in the public sphere and securing a patent becomes all the more difficult.
• A patent protection lasts for 20 years.
• The Patent Act, 1970 and the Patent Rules, 2003 provide rules for patent filing and prosecution in case of any violation.
Lawyers For Trademark
A trademark includes a symbol, logo, name, design, word or a combination of these which gives the owner exclusive rights regarding the use of that mark. An eye-catching trademark adds to the trade-worthiness of a product and hence its success in the market. It is like a unique identity of that product or service and consumers identify more with the mark rather than the name at times. A good trademark provides a base for brand building and business enhancement and expansion. Our lawyers handling IPR disputes understand too well the value of protecting a trademark and the possible legal implications associated with its use and protection. At times, businesses do not realise the importance of getting their trademark registered and by the time they are flourishing, a newbie might try to steal the benefits by getting a similar name registered. To avoid such troubles, our lawyers are there to guide you on how to protect your business interests, and they are ready to fight it out for you to make sure your venture does not suffer.
• ™ symbol is used for an unregistered trademark whereas ® symbol is used for a registered trademark.
• Trademark protection is granted for 10 years and thereafter needs to be renewed.
• The Trademark Act, 1999 and the Trademark Rules, 2017 govern trademark filing and protection.
Lawyers For Copyright
Copyright refers to a legal right given to the creator/owner of an original work of expression (both published and unpublished) which could be literary, dramatic, musical, artistic, sound recording, and a cinematograph film. An idea cannot be copyrighted, it must exist in some form of expression. The exclusive rights conferred within copyright include the right to publish, the right to reproduce, the right to adaptation, the right to make translations, communicate to public etc. The copyrights are accorded to the creator or author of the work, the one who is the first owner of the copyright. Copyright is an IPR and the only one which can be acquired as soon as the work has been created. However, any IPR lawyer would recommend you to get your copyright registered lest you face trouble later and need evidence to prove yourself later.
• For literary, artistic or musical works, a copyright is granted for a term of the lifetime of the creator and 60 years from the year of demise of the author.
• The Copyright Act, 1957 has laid down provisions for copyright filing and related matters. It was amended in 2012 and there are the Copyright Rules of 2013.
Lawyers For Design
A design refers to the outlook or the visual specifications of an object. As per the Section 2(d) of the Designs Act, 2000, “A design only means the features of shape, configuration, pattern, ornament or composition of lines or colors applied to any article whether in two dimensional or three dimensional or both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye, but does not include any mode or principle of construction or anything which is in substance a mere mechanical device, and does not include any trademark or property mark or artistic work.”
As lawyers adept at IPR laws, we have come across various complicated IPR cases in our practice and we recognise the basic ambiguities which could create legal troubles for the owners. Most common, in field of fashion there are disputes about copyright protection and design protection. We have successfully managed numerous cases of this sort and we are the preferred choice of clients looking for a solution to their IPR troubles with the law.
• Design Protection is granted for a period of 10 years, further extendable upto 5 years, making it a total of 15 years.
• The Designs Act, 2000 is the primary legislation for filing of designs and prosecution.
Intellectual Property Services
Our law firm provides comprehensive intellectual property law services under one roof, beginning from filing for the requisite IPR, registration of the same and defending its violation. We have also expanded our practice areas to include litigation related to Franchising Law, Geographical Indications, Domain Names, Anti-counterfeiting law etc. In case you are looking for any sort of legal advice related to intellectual property rights law, feel free to consult our experienced lawyers for quick solutions.