Intellectual Property Litigation

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For our corporate clients Intellectual Property is their most important/ key asset. Any ill-conceived legal advice in Intellectual Property Rights issues can cause irreparable loss which can not be measured financially. It also leads to loss of brand-value of a business concern while escalating the brand value of that business concern’s competitor. Corporates and individuals must therefore ensure that their IPR are legally secure. Businesses ike distributors, franchisees and franchisors, licensees, licensors, manufacturing companies, software developers, writers must be able to enjoy Intellectual Property Rights that they have created and developed. Corporates globally build and negotiate Intellectual Property agreements like NDAs relating to wide range of products and assist clients in building legal processes to ensure ongoing content protection.

Businesses need creative Intellectual Property solutions for:-

  • Source code escrow IP issues;
  • Ownership of IPR, embedded IP rights, IP related royalty issues including grant of stock options in exchange of IPR;
  • Timelines for development of IP;
  • Third party rights in IP disputes, embedding of licensed IP;
  • Liabilities and indemnities for use and misuse of Intellectual Property content, maintenance, support and quality parameters;
  • Protection, management and use of client’s personal information;
  • Insurance requirements and audit rights; and
  • Use of content after termination of royalty period.

Intellectual Property Licensing Issues faced by businesses throughout the world include:

  • Negotiate IP-licensing, IP-distribution, IP-development, and IP-certification and franchise agreements on behalf of corporate, institutional and individual clients
  • Manage international IPR issues, engaging domestic counsel in foreign jurisdictions like USA and Canada where appropriate.
  • Identify necessary IP-registrations and implement the same for the IP holder.
  • Deal with franchise non-disclosure requirements (NDAs), creating non-disclosure agreements (NDAs) to achieve win-win situation.

Businesses ans individuals must create and conclude unique and risk managed solutions to IP issues, including:-

  • Termination of IP holding rights;
  • Content control of IP;
  • Ownership and use of personal information;
  • Sharing of profits arising out of Intellectual Property ;
  • IP registration;
  • Warranty and Promotional requirements;
  • Indemnities on breach of IP agreement and duties with respect to content and operations

In Trademark Registration and Management, businesses must focus on:

  • Selection of trademarks and brand related IP strategy, determining appropriate registrations which are required for their specific IP needs, determining required scope of IP related legal services, identifying the potential legal and other obstacles and risks in IP process and also identifying the potential opponents in IP process and managing risk while creating IP strategies
  • Filing Intellectual Property applications after completing all formalities
  • Office actions, oppositions, domain name arbitration hearings throughout the world. Engaging and liaisioning with international counsel on IP-related disputes in foreign jurisdictions.
  • Managing IP disputes with third parties, negotiates IP non-interference agreements, mutual consent to register Intellectual Property Rights, waiver of IPR, release of IP rights, transfer and assignment of IPR, and other related Intellectual Property solutions.