Other IP
Copyright Overview
Copyright is a legal right conferred to authors over their literary and artistic creations such as books, music, paintings, sculptures, films, and computer programs. Unlike patents, the copyright protects only the form of expression of ideas, not the ideas themselves.
The different types of “works” recognized under the copyright law include:
Literary Works include books, articles, databases, poems, lyrics, computer programs/software, etc. Artistic Works include labels, paintings, drawings, sketches, maps, etc.
Dramatic Work includes any piece of recitation, choreographic work, scenic arrangement, which is fixed in writing, etc.
Musical Work includes musical composition which may be void of graphical notation, etc.
Sound Recordings include recording of musical compositions on a CD or any other suitable medium, etc.
Cinematograph Films is essentially a visual and sound recording, etc.
Depending upon the type of work, the protection is in form of exclusive rights such as rights of reproduction, distribution, communication to the public, adaptation, and translation of the work.
To get your work secured and know more about copyrights, you may go through the FAQs on copyright from here, in case of patents from here, and trademarks from here. Alternatively, you can talk to us so that we can suggest you the best way forward. Click here or fill out our contact form to schedule a consultation with our team.
Trade Secret Overview
Trade secrets are a form of intellectual property rights on confidential information. To be qualified as a trade secret, the confidential information must be commercially valuable due to its secrecy, known only to a limited group of persons and the holder of the trade secret should take reasonable steps to keep it secret.
Trade secrets may comprise both technical as well as commercial information which provides a competitive advantage for the trade secret holder. For instance, the trade secret can be manufacturing processes, pharmaceutical test data, designs, distribution methods, supplier/client lists, advertising strategies, financial information, formulas, recipes, and source codes.
Under the existing legal framework in India, the trade secret holder has remedies against the unlawful acquisition, use, or disclosure of trade secrets in a manner contrary to honest commercial practices.
However, it may be noted that the trade secret holder, cannot stop third parties from using the same confidential information, if they acquired or developed such information independently themselves through their own research and development, reverse engineering, etc. Also in specific scenarios, such third parties can also seek patent protection on any independently developed technical information.
Geographical Indications Overview
A Geographical Indication (GI) is a sign used on products that have a specific geographical origin and possess unique qualities, characteristics, or a reputation that are due to a particular
place of origin. Generally, the GI sign conveys an assurance of quality and distinctiveness which is essentially attributable to the fact of its origin in that defined geographical locality, region, or country.
Rights conferred by Geographical Indications (GI)
It enables those who have the right to use the GI sign to prevent its use by a third party whose product does not conform to the applicable standards. For instance, in the jurisdiction in which the Kancheepuram geographical indication is protected, producers of Kancheepuram Silk can exclude the use of the term “Kancheepuram Silk” for silk not produced according to the standards recognized for the geographical indication.
However, obtaining the GI tag does not enable the holder to prevent someone from making a product using the same techniques since the protection is solely for the right over the sign that constitutes a geographical indication.
Geographical indications are generally used for wine and spirit drinks, foodstuff, agricultural products, handicrafts, and industrial products.
List of services
1. Copyrights
– Copyright filing and prosecution
– Copyright litigation matters
2. Designs
– Industrial Design Drafting and filing
– Design prosecution and hearing
– Design Cancellation
3. Litigation Support
– Appeals against patents, design and trademark refusal orders
– Patent and design infringement suits – Patent revocation proceeding
– Trademark infringement/passing off
– Trademark rectification proceeding
– Writ petition for challenging various notifications and office orders
4. Licensing
– IP assignment, licensing, and transfer agreements
– Non-Disclosure Agreements – Other agreements pertaining to a franchise, broadcasting, e-commerce/online business.
5. Other Services – Cease and desist notices
– Advisory/consultation and prosecution services related to Biodiversity and Plant variety protection laws – Advisory and consultation services pertaining to IP laws
– Domain name disputes (UDRP/INDRP Arbitrations)
– Advisory and consultation services on data protection, privacy and information technology, media and entertainment laws.