The firm, A S Partners understand how intellectual property (“IP”) assets can be created in the best way. This helps to determine the value and rights therein protected and used/ acquired/ supplemented to produce a competitive advantage. The team provides advice and assistance to its clients with respect to due diligence (routinely uncovering issues in chain of title, encumbrances/obligations, or enforcement/prosecution/ deficiencies often left undetected), acquisition of IP and related agreements and partnerships/ joint ventures with an aim to transfer/ share/ development of IP.
The team has rendered services to several multinational and Indian companies across a broad range of sectors and industries on issues pertaining to registered and unregistered IP rights including trade mark, copyright, designs, domain name registration, patent, licensing, and technology transfer matters; apart from management of IP portfolios.
The team advises and assists clients on:
• Protection and prosecution of IP rights (including patents, trademarks, design rights, copyrights, geographical indications, domain names, proprietary know-how and business processes);
• IP due-diligence and audits;
• IP acquisition and transfer and related agreements;
• Drafting and negotiating license agreements, assignment deeds, IP development agreements, etc;
• Representing before various authorities, courts and forums on issues relating to registration and protection of IP rights.
The objective of the Trade Marks Act, 1999 is to register trademarks applied for in the country and to provide for better protection of trade mark for goods and services and also to prevent fraudulent use of the mark.
We provide our clients a comprehensive of legal services under the trademark and copyright laws. It ranges from searching of trademark to disputes related to passing off and infringements of trademark and copy right. We provide services starting from the trademark registry to protection of registered mark by various ways.
Our services include:
• Search of Trade Mark before Registry;
• Filing of application for registration of trade mark;
• Filing objections/reply before registrar;
• Civil suits before ADJ / High courts for injunctions, passiong off, infringements and rendition of accounts;
• Protection of copyright and trademark;
• Criminal complaints before magistrates under Copy Right Act;
• Consumer protection;
• Dispute Resolution;
• Rectification and invalidation proceedings;
• Trademarks, Patents & Copyrights, Designs, Trade secrets;
• Infringement & Passing-Off Actions;
• Assignment, Licensing, Use, Supply of Computer Services Agreements
• Confidential Information Protection
• Licensing of Intellectual Property
• Registrations & Opposition Proceedings
• Anti-counterfeit actions
• Geographical Indications
• Integrated circuits
• Know-how protection
• Unfair competition etc.
• Any other legal remedy and protection to our clients prescribed by law of the land.
Protecting and managing intellectual property rights (IPR) is the first step for any business seeking to establish its presence in India, and must be incorporated as an integral part of the business asset growth strategy.
Having a distinguished intellectual property can set your business apart from competitors, and become an essential part of your marketing. An intellectual property can also be sold or licensed to generate revenues for you or your business.
In India, there are different types of intellectual property, which are protected under separate laws. As a result, registering intellectual property involves navigating complex legalities and submitting numerous documents. This requires expertise and familiarity with procedural norms to ensure fast and effective registration.
• Law – Patents Act, 1970; amended in 2006
• Relevant Ministry – Department of Industrial Policy and Promotion (DIPP), Ministry of Commerce and industry
• A patent is a legal right that confers monopoly to a person for his/her invention.
Under an intellectual property licensing agreement (also known as an intellectual property license or an intellectual property license agreement), you retain ownership of your patent, copyright, or trademark, but you give another party permission to use some or all of your intellectual property rights for a specific amount of time for a fee or royalty. These intellectual property contracts typically specify termination dates and procedures.
There are several types of intellectual property licenses embodied in a typical intellectual property agreement. The following three are the most common:
• Exclusive License - You agree not to grant any other licenses of the invention and rights concerned, as well as not to use the technology yourself.
• Sole License - You agree not to grant any other licenses of the invention and rights concerned, but you can use such rights yourself.
• Non-Exclusive License - You agree to give the licensee certain rights, but you also reserve the right to grant licenses of the invention and rights concerned to third parties or to use them yourself.
A S Partners provide Licensing services as well, if you have any legal requirements; contact us.
We at A S Partners can help you with:
• Filing and prosecuting Trademark Applications, Copyright Applications, and Industrial Designs
• Drafting and filing Patent Applications / Specifications
• Devising Anti-Piracy and Brand Protection Strategies, for national and multinational companies
• Filing IP suits, appeals and petitions relating to infringement, passing off, and confidential
• information and trade secret actions, in various courts all over India, as well as before the
• Intellectual Property Appellate Board and other forums
• Filing criminal complaints and assistance in conducting raids
• Advising on assignment / Licensing and Franchising issues, involving conveyance of IP assets in various sectors • Filing Domain Name complaints
• Co-Branding, Brand Policies, Product Labelling Regulations, Intellectual Property
• Valuations, Due Diligence and Portfolio Valuations