Joint-Ventures, M&A, PE and Foreign Collaborations
Joint-Ventures, M&A, PE and Foreign Collaborations
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The experienced IP Practice team along with the Litigation team of the firm provides comprehensive services related to IP Prosecution, lPR Litigation and Dispute Resolution.
A brief understanding of Intellectual Property Rights in India is as:
TRADEMARKS
A trademark or a brand name is a word, device, logo, sound, smell or a combination thereof that is used to distinguish the goods and services of one manufacturer or service provider from another manufacturer or service provider (Sec 2(zb)). Trademark law in India is well-settled and offers a robust protection and enforcement regime for right holders. The range of protection encompasses words, labels, devices, shapes, sounds, colors, textures, etc. amongst others.
Effects of Trademark registration:
Registration of a trademark in India is governed by Trade marks Act, 1999. A registered trade mark gives its proprietor the exclusive right to use the mark in relation to goods and services for which it is registered. A registered proprietor can enforce his rights against any person who uses an identical or deceptively similar mark in connection with the same or similar goods and services by instituting a suit for infringement and recovery of damages. An action for infringement, which is a statutory right, is dependent on the validity of the registration of the mark.
Registration Process
- Search:
- Filing of application
- Examination
- Hearing
- Publication
- Opposition
- Registration
- Renewal
There are five Trademark Offices in the cities of Ahmedabad, Chennai, Delhi, Kolkata and Mumbai respectively. The Intellectual Property Appellate Board (IPAB) is the appellate authority for adjudicating appeals against the orders of the Registrar of Trademarks and rectification (cancellation) petitions. We provide all the services related to the trademark registration and protection and having a robust knowledge of the field, we boast to be one of the cost effective upcoming firm in the Trademark Practice.
COPYRIGHT
Copyright is a right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. In fact, it is a bundle of rights including, inter alia, rights of reproduction, communication to the public, adaptation and translation of the work. There could be slight variations in the composition of the rights depending on the work.
Copyright is a right given to or derived from works / expression, and it does not protect ideas. The general principles of copyright are reflected in Art 27 of the Universal Declaration of Human Rights as below:
- Everyone has the right to freely participate in the cultural life of the community to enjoy its arts and to share its scientific advancement and benefits;
- Everyone has the right to protect its moral and material interests resulting from any scientific, literary or artistic production of which he is the author
The Indian Copyright Act recognizes copyright in:
- Literary,
- Artistic,
- Dramatic,
- Musical
- Cinematograph films, and
- Sound recordings
Why protection is necessary:
Copyright ensures certain minimum safeguards of the rights of authors over their creations, thereby protecting and rewarding creativity. Creativity being the keystone of progress, no civilized society can afford to ignore the basic requirement of encouraging the same. Economic and social development of a society is dependent on creativity. The protection provided by copyright to the efforts of writers, artists, designers, dramatists, musicians, architects and producers of sound recordings, cinematograph films and computer software, creates an atmosphere conducive to creativity, which induces them to create more and motivates others to create.
Process of registration of Copyrights in India
The Application for registration of copyright is to be made at the Copyright Office, New Delhi.
The process for getting a Copyright registration is as follows:
- Filing of application
- Issue of Diary No. / Application No
- Waiting period
- Objection to application
- Examination of application
- Hearing
- Registration
The firm’s services for copyright include copyright prosecution and registration, licensing and assignment, contract negotiation and drafting, due diligence, clearances and regulatory compliances, dispute resolution and enforcement. We also have created specialized teams for the copyright dispute resolution and litigation and have presence in various courts and forums for the matters dealing with the copyright.
Registration procedure:
PATENTS
The protection of patents in India is governed by Patents Act, 1970, and the Patent Rules, 2003. Patent gives the Patentee, the exclusive right to prevent others from making, using, selling, or importing the invention as defined in the claims of the patent application. There are two kinds of Patent protection provided in Indian i.e. Product Patent and Process Patent The exclusive rights acts as an incentive for innovation thereby encouraging research and innovation. Through these exclusive rights a patentee can control the activities of potential competitors and infringers in the country where the patent is in force.
Necessity to obtain a Patent for an invention:
An invention which is novel needs to be protected by the inventor in order to enjoy exclusive rights over the invention. If the inventor does not obtain patent rights for the invention and introduces the product/process based on the invention in the market, anybody can copy the invention and exploit it commercially. To debar others from using, selling, offering for sale or manufacturing the invention, the inventor must obtain a patent. The inventor can either exploit the patented invention himself/herself or can sell or license it to others for profit.
Criteria for Patentability:
In order to get a Patent for a new invention, it should fulfill the three necessary conditions:
- Novelty:
- Inventive step:
- Industrial applicability:
There are four Patent Offices in the cities of Chennai, Delhi, Kolkata and Mumbai respectively. The Intellectual Property Appellate Board (IPAB) is the appellate authority for adjudicating appeals against the orders of the Controller of Patents & Designs and revocation petitions.
We provide all the services related to the prosecution of the Patents as well as the commercialization and execution of Patents rights in India. The firm has a well established team to take care Patent litigation as well. The firm is also have professionals on its roll in order to provide the required services to obtain, maintain, and protect patent rights in India and take care of the specific business objectives of its clients in an increasingly competitive market.
PROCEDURE FOR THE GRANT OF PATENTS IN INDIA
DESIGN
The Designs Act, 2000 defines a ‘Design’ as 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 in both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeals 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 trade mark or property mark (Section2(d)).
Essential requirements for registration of design
- Should be new and original;
- Should not be disclosed in public in any way of publication whatsoever prior to filing date or the priority date of application;
- Should be distinguishable from known designs or combination of known designs;
- Should not be a mere mechanical contrivance;
- Should be applied to an article and novelty is judged only appeal to the eye;
- Should not be against public order or morality.
Objective of registration of designs for an Article
The objective behind the registration of a design under the Designs Act is to protect new or original designs so created to be applied or applicable to particular article to be manufactured by industrial process or means. Sometimes purchase of articles for use is influenced not only by their practical efficiency but also by their appearance. The important purpose of design registration is to see that the artisan, creator, originator of a design having aesthetic look is not deprived of his bona fide reward by others applying it to their goods.
The designs which are not eligible for registration under the Design Act
A design which
- is not new or original; or
- has been disclosed to the public anywhere in India or in any other country by publication in tangible form or by use in any other way prior to the filing date, or where applicable, the priority date of the application for registration; or
- is not significantly distinguishable from known designs or combination of known designs; or
- comprise or contains
DESIGN REGISTRATION PROCEDURE
- Application for registration of design:
- Examination:
- First examination report (FER):
- Reply to FER:
- Hearing:
- Registration of design
- Certificate of registration:
- Renewal:
We provide comprehensive services related to the Design Registration in India including Prosecution, Enforcement and Advisory services. We have an efficient team of professional having wide experience to handle design prosecution covering everything from industrial products, handicrafts, technical and medical instruments, watches and jewelry, houseware, electrical appliances, automotive products, etc.
Flow chart of the procedure for registration of Design
The firm has extensive experience in representing clients before the various Courts and Tribunals including the Hon’ble Supreme Court of India, the Hon’ble High Court of Delhi and other High Courts in India, All District Courts of Delhi, Motor Accident Claims Tribunal, Central Administrative Tribunal, District Consumer Dispute Redressal Forums, State Consumer Dispute Redressal Commission, National Consumer Dispute Redressal Commission, National Green Tribunal, Debt Recovery Tribunal and Debt Recovery Appellate Tribunal.
The firm practices in the following areas of Criminal Litigation:
- White Collar Crimes / Economic Offences
- Department of Company Affairs – Serious Frauds Investigation office
- Bank / Financial Institutions Frauds
- Misappropriation and Siphoning of Funds
- Dishonor of Cheques
- Quashing of FIRs/ Bails/ Trial
- Criminal Complaints
- Criminal Writs / Revisions / Appeals
- Defamation Cases
- Prevention of Money Laundering Act
- Prevention of Corruption Act
The firm practices in the following areas of civil and commercial litigation in matters such as:
- Constitutional Law
- Family Law
- Company Law
- Service Law
- Banking and Finance Laws
- Insolvency
- Consumer Law
- Commercial Litigation
- Property Laws
- Disputes related to Contracts/Agreements
- Intellectual Property Laws
- Labour and Employment Laws
- Environmental Law
- Health Care Litigation
- Wills and Probates
We advise and facilitates its clients in all aspects of real estate transactions in India. We represents and advises our clients on following matters:
- Negotiation of real estate acquisitions and sales, drafting of conveyance, financing and other documents and securing registration and enforcement of agreements through judicial process;
- Title searches of the property and due diligence exercises;
- Appearances before regulatory authorities for various permissions and approvals;
- Leases, sub-leases and license arrangements for retail, office space, industrial and commercial space;
- Real estate development and construction, collaboration and development agreements for commercial, industrial, mixed use and residential complexes;
- Real estate financing, structuring and drafting of documentation for mortgages, trust deeds and other financing transactions;
- Client representation throughout the appellate process as and where required etc.
The Firm advises on various commercial transactions such as joint venture, agency, leasing, licensing, franchising, service agreements, royalty and technical know-how, collaboration agreements etc.
The firm is regularly advising its clients in relation to general corporate, company & Securities law, employment issues that arise in the normal course of business.
The Firm provides transactional advisory services and documentation taking into consideration the commercial perspective as well as measure to mitigate risk enabling the client to take an informed decision. We offer services in:
- Advising & structuring of transactions for legal (including tax) perspective.
- Drafting and vetting of Contracts and Agreements.
- Corporate Governance.
- Joint Ventures.
- Legal and compliance Audit.
- Regulatory, Compliance and Secretarial advisory, approvals and related matters.
- Advisory on Foreign Exchange Control Regulations.
- Due Diligence.
- Formation of Companies, Partnerships, Trusts and other body corporate in India and overseas jurisdictions.
The Firm has experience and specialization in negotiating, drafting and reviewing/vetting various International and National transactional and commercial contracts which includes:
- Joint Venture/ Shareholders’ Agreements/Share Subscription Agreements
- Acquisition Agreements/ Share purchase agreements
- Agency/Franchisee and Distributorship Agreements
- Business Conducting Agreements
- Transfer Technology Agreements
- Stock-Purchase Agreements
- Concession Agreements
- Employment Agreements
- Supply Agreements and other ancillary agreements
The Firm represents its clients before various regulatory authorities such as the Reserve Bank of India (RBI), Foreign Investment Promotion Board (FIPB), Securities & Exchange Board of India (SEBI), Company Law Board (CLB), Department of Corporate Affairs (DCA), Registrar of Companies (ROC), Directorate General of Foreign Trade (DGFT), and other regulatory bodies.
The Firm offers comprehensive service to lenders as well as borrowers. The scope of work covers structuring transactions, drafting term sheets and transactional documents, negotiations, advising on the regulatory framework and related issues.
The services include:
- Project Finance, Corporate Debt, including Syndicated & consortium Loans
- Securitization
- External Commercial Borrowing
- Regulation and Compliance
The Firm offers comprehensive service in corporate debt restructuring led by commercial insolvency, insolvency related litigation, negotiated settlements and refinancing. The team has a standing for delivering commercially realistic advise and strategies to its clients on legal issues and offers wide range of services including preparation of revival schemes. Our Services Includes:
- Financial Due Diligence
- Techno-Economic Feasibility Studies
- Formulation of restructuring proposal
- Negotiations with creditors for settlements
- Restructuring including arrangement with creditors and members
- Rehabilitation scheme
- Corporate Debt Restructuring
- Liquidation
- Debt recovery tribunal including those under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002
The Firm provides advisory in raising of capital, initial public offerings (IPOs), private placements, takeovers, rights issues and other Securities and Exchange Board of India (SEBI) related issues. The Firms helps and advise company in initial due diligence, preparation of issue documents such as Information Memorandum, red herring prospectus to post listing compliance. Our Services include:
- Initial public offering;
- Qualified Institutional Placement;
- Foreign Currency Convertible Bonds;
- Rights and Preferential Issue;
- Bond Issue;
- Listing of Debt Instruments;
- Due Diligence;
- Compliance related issues such as continuous disclosure,
- Listing criteria and regulatory filings
- Advice on the Takeover Code provisions of SEBI.
The Firm has a strong Commercial Litigation team with knowledge base in all forms of dispute resolution ranging to all levels of Courts and Tribunals including Company Law Board, Board for Industrial & Financial Reconstruction (BIFR), Income Tax Tribunals, CCI etc. The firm has the experienced team of lawyers who can advise on the best strategy to protect the commercial interests.
The firm is also skilled in alternate dispute resolution i.e Arbitration. The Firm is equipped in advising its clients’ domestic or international commercial arbitrations and mediation processes including the matter with respect to Enforcement of Arbitral Awards and issues arising from the Conflicts of Law.
Our team is proficient on working on full spectrum of HR operations, systems and programs. We have wide range experience in conducting organizational development interventions, designing and developing assessments centres; We have core competency in the area of drafting of anti-sexual harassment policies for companies, drafting/Vetting of HR Agreements/ Policies/Manuals/Procedures, conducting HR Audits, rendering legal opinion on various labour and employment matters and providing HR consultancy for various Indian and foreign companies.
Antitrust laws and its enforcement is one of our core practice area under which we advise on routinely on major merger and collaboration and business conduct investigations.
We assist client in pre-merger notification and approval for transactions affecting commerce and private damage antitrust litigation.
We provide forward-looking, business-centric advice and counsel on the full scope of antitrust and competition law issues, including: Merger Clearance, Cartel Investigation & Litigation, Competition-Related Litigation, Compliance Counseling & Training Programs
The Firm helps in mergers, acquisitions, amalgamations, joint-ventures, disinvestments, spin-offs and all types of foreign collaborations. The Firm has commercial, corporate and tax expertise for cross border transactions. We offer the legal services in Consultancy during Preliminary Negotiations, Assisting in Structuring of the Transaction, Review and finalization of the Agreements, Conducting Legal Due-Diligence and Assisting in obtaining Regulatory Approvals.
With India becoming a favorite destination for Investment, firm advises its international client in investment in India and establish business entity in India across the sector. Firm also helps its domestic client trough legal advise in understanding cross border investment, treaties and business practices in foreign territories. In this practice, the Firm advises on structuring, negotiating and documenting in the fields of;
- Investments in India and Abroad, Joint-Ventures, Foreign Collaborations, Technology Transfers, International Trade.
- Incorporation of Companies both in India and Abroad/Offshore.
- Establishment of a Branch, Liaison, Representative or Project Office of a Foreign Company.
- Regulatory Approvals & Compliances.
- Mergers and Acquisitions.
- Due Diligences, Legal Audit and Verification Work.
- Taxation of Foreign Companies & Foreign Nationals.
- Company Secretarial Services.
