Intellectual Property Rights

Practice Area

While traditionally the hub of Information Technology Services, India has rapidly evolved to become a manufacturing hub for automobile, aviation and defence sectors and a leader in research and development of green energy, mobile phone and electronic hardware. With a population of 1.2 billion people and a bourgeoning middle class, India is a key market for pharmaceutical, fashion and consumer products. In this scenario, Intellectual Property can be a vital tool to leverage market opportunities and retain market share. Factum Law’s Intellectual Property Practice assists clients in identifying and protecting their Intellectual Property (IP) assets, leverage the value of the IP assets through effective management in IP transactions and enforce IP rights through Indian civil and criminal justice systems using our network of strategically located offices across the sub-continent.

Our Intellectual property practice encompasses all sub domains within the domain of Intellectual Property such as Patents, Trade Marks, Geographical Indicators, Domain names, Copyright, Trade Secrets and Designs. Our advisory and corporate legal services assist clients in all aspects of IP protection and transactions including licensing, employment, research and development, franchise and vendor agreements. Our lawyers who are both qualified and experienced in international IP laws are uniquely positioned to assist both domestic Indian clients seeking to enter foreign markets as well as to assist foreign clients seeking to enter Indian markets. Furthermore, our team also has the diversity and the geographical reach, through offices in five cities across the country, to ensure end to end solution for IP protection and enforcement.

Our litigation team has a unique blend of Intellectual property specialists, general civil and criminal law litigators and constitutional law experts. Our background and strength in both intellectual property law as well as general civil/criminal laws, enables effective representation for clients before the Intellectual Property Offices, Intellectual Property Appellate Board, Trial courts as well as through the chain of the court of appeals in India. With the presence of constitutional law experts, we are also able to assess decisions and actions of bureaucrats in the Intellectual Property offices and raise constitutional challenges wherever their actions merit the exercise of judicial review. The lawyers of the firm have thus had the distinction of representing clients in the technology, fashion, food and beverage industry and education sectors in a range of Intellectual Property litigations, achieving not just effective but expeditious results.

Copyright

Attorneys at Factum law have assisted clients in the technology, fashion, consumer products and media and entertainment industry in achieving end to end copyright solutions. Our services include registration of copyright, assistance in drafting artist agreements, licensing agreements for software operating under SAAS as well as SAP models, due diligence of copyright title, assistance in anti-piracy operations through customs and local police authorities and copyright enforcement in civil and criminal courts of India.

Trade Marks

While India represents a huge market for pharmaceutical, fashion and consumer products, intellectual property theft remains a key problem. Based on the English common law, Indian trade mark laws give enormous and effective powers and rights for brand owners to protect and enforce their trade marks. Lawyers of the firm have represented some of India’s leading businesses in fashion, consumer products, food and beverage industry in protection and enforcing their trade marks in India and abroad. Our services in this regard include registration of trade marks, drafting franchising and licensing agreements, domain name enforcement, trade mark watch services, representation before the Trade Mark office and Intellectual Property Appellate boards in opposition and examination proceedings and enforcement of trade marks through civil and criminal justice systems.

Patents

Attorneys at Factum Law are not just qualified lawyers but have also had experience being members of the technology industry as lawyers and entrepreneurs. This enables us to not only assess client requirements from a legal standpoint, but also through an industry perspective. Thus, our services in the patent law domain are not only legally relevant, but sensitive to the commercial interests of our clients. Our services in the patent area include drafting and filing of applications for grant of patent rights, patent search and analysis, patent landscaping, patent litigation before the patent office, Intellectual property Appellate Board, trial courts as well as court of appeals going all the way to the Supreme Court of India.

Trade Secrets and Confidential Information

Though India is a hub for software and analytics services, our patent protection regimes adopt a restrictive approach to innovation in these sectors. As copyright laws often prove inadequate in these domains, innovators and IP owners often find that protecting their algorithm, codes, business methods and recipes as trade secrets is more serviceable and convenient. Attorneys at Factum Law have experience and expertise in setting up trade secret protection programs through both contracts and processes, enabling clients to protect their innovation through non-disclosure and non-compete agreements. Our services include designing a trade secret policy, drafting non-disclosure and non-compete agreements and enforcement actions before civil and criminal courts of law.

Designs

Factum Law has assisted leading jewellers in India to enforce their designs. With a strong background and qualification in Indian and International IP laws, the lawyers of Factum Law are in a unique position to assist clients to safeguard their aesthetic designs through registration and enforcement. Our services in this regard include design registration and enforcement of designs thorugh civil and criminal courts of law.