Trademark Registration – Intellectual Property Rights
VSK & Co Team has a very extensive expose on Intellectual Property Rights – IPR Processing.
IPR – as a collective term includes the following independent IP rights, which can be collectively used for protecting different aspects of an inventive work for multiple protection.
- Trademarks Registration
- Patents Registration
- Copyrights Registration
- Registered (Industrial) Design Registration
- Protection of IC layout Design Registration
- Geographical Indications (GI) Registration
- TRADE SECRETS (Protection of undisclosed information) Registration
A Trademark is a distinctive sign that identifies certain goods or services as those produced or provided by a specific person or enterprise. Trademarks may be one or a combination of words, letters and numerals. They may also consist of drawings, symbols, three-dimensional signs such as shape and packaging of goods, or colors used as a distinguishing feature.
The services provided by the VSK & CO includes: Trademark searches and availability opinions – Trademark filing Trademark Registration and prosecution Opposition proceedings – Trademark licensing and franchising – Trademark audit and portfolio management – Domain name advice and registration – Domain Name Disputes Protection and enforcement (Litigation) – Anti-counterfeiting measures.
Patent is one of the core practice areas of the firm. The VSK & CO advises clients on various fields of technology which include Pharmaceuticals, Biotechnology, and Healthcare, Mechanical, Electrical and Electronics inventions. The services offered include: Feasibility and availability searches Drafting of Patent specifications for domestic and offshore jurisdictions Patent Filing and prosecution Freedom to Operate Opinions Protection and enforcement issues licensing and Cross-Licensing contracts Intellectual Property audits/due diligence exercises.
A Patent is an exclusive right granted by a country to the owner of an invention to make, use, manufacture and market the invention, provided the invention satisfies certain conditions stipulated in the law.
These laws may relate to health, safety, food, security, etc. Further, existing patents in similar areas may also come in the way. A patent in the law is a property right adhere, which can be gifted, inherited, assigned, sold or licensed.
Copy Rights VSK & CO advises clients on a wide range of Copyright issues including Copyright infringement on the Internet and issues pertaining to Satellite Broadcasting.
Copyright is a right that is available for creating an original literary or dramatic or musical or artistic work. Cinematographic films, including sound track and video films, and recordings on discs, tapes, perforated roll or other devices are covered by copyrights.
Copyright gives the creator of the work the right to reproduce the work, make copies, translate, adapt, sell or give on hire and communicate the work to the public.
Any of these activities done without the consent of the author or his assignee is considered infringement of the copyright.
Copyright clearance and opinions Copyright protection and enforcement Broadcast and entertainment law advice Packaging and labeling advice Anti-counterfeiting measures Negotiating and drafting Licensing arrangements.
Geographical Indications (GI) Registration
IPR – A Geographical Indication (GI) is a name or sign used on products which corresponds to a specific geographical location or origin (e.g. a town, region, or country). The use of a geographical indication, as a type of indication of source, acts as a certification that the product possesses certain qualities, is made according to traditional methods, or enjoys a certain reputation, due to its geographical origin.
The GI tag ensures that none other than those registered as authorized users (or at least those residing inside the geographic territory) are allowed to use the popular product name.
Registered (industrial) design and Protection of IC layout design
Designs India has enacted a fresh legislation on the law of Industrial Designs enshrining WTO obligations and providing new opportunities to the Industry to register and exploit novel Designs. The services offered in this area includes: General opinions on availability of Design protection Infringement analysis Design filing and prosecution, protection and enforcement.
TRADE SECRETS / Protection of Undisclosed Information
IPR – Trade secret points toward a formula, pattern, any instrument or design that is kept confidential and through which any business or trade can edge over its rival and can enjoy economic gain. Trade secrets can be anything from a chemical compound, manufacturing process, design or preserving materials or even a list of consumers or clients. It is also known as “confidential information” or “classified information.”
Intellectual property rights are legal rights that provide creators protection for original works, inventions, or the looks of products, artistic works, scientific developments, and so on. There are four sorts of property rights (IP): patents, trademarks, copyrights, and trade secrets.
Patent protection lasts 20 years from the date of filing, and maintenance fees are required at 3.5, 7.5, and 11.5 years from the date of the patent grant.
A trademark may be a sort of property consisting of a recognizable sign, design, or expression which identifies products or services of a specific source from those of others, although trademarks wont to identify services are usually called service marks.
Copyright ownership gives the owner the prerogative to use the work, with some exceptions. When an individual creates an ingenious work, fixed during a tangible medium, he or she automatically owns copyright to the work.
A patent is that the granting of an ownership by a sovereign authority to an inventor. This grant provides the inventor exclusive rights to the patented process, design, or invention for a delegated period in exchange for a comprehensive disclosure of the invention.