IP Allied Services
Trademark, Patent or IP, there is always a threat of infringement. Safeguarding your valuable IP is most important after IP registration. In order to protect ones, valuable IP, the IP watch service is essential and obliging.
A constant periodical check or scrutiny is done by using this tool to find out whether someone else is using your IP or applying for registration of your valuable IP.
Theft of knowledge and data’s (Data Piracy) brings a tremendous loss to a person or organization in their development and hence protecting the same is most mandatory now. IP watch services are just like a boundary markers and a watchman who will preserve your property against any intruder or illegal users or from any theft.
By watching periodically the IP journals published by Govt authorities and by having constant surveillance will protect your technological infringement and willful misuse.
In current scenario each individual is coming up with new ideas, concepts, inventions, brands, artistic works, designs, software programs, new products and so on.. But all of the persons do not create everything for public use due to lack of resources. Thus to encourage such people the laws were drafted to give them opportunity to earn by means of licensing, assigning their works to a sourceful organization or institution, where by commercialization becomes easier.
Now a day’s lots of organization and Universities are opening up for the individual inventors to monetize their work if it is very valuable to public. Therefore, any utility IP can be monetized by in a smart way by licensing the Brands, Transferring the Technology and assigning the designs to some other Organizations.
We support the essential provisions of IP Licensing or assigning
Special privileges - Enable the patent owner to get back development costs and gain ROI in the progress of the patented technology.
The licensor and Licensee/Assignor or assignee
The rights of both the parties
Royalty deserver by Licensor or assignor
Term of Licensing and assigning and various other aspects.
Patents provide the elite privileges to the inventors like
Powerful market niche -Economic importance in certain countries may be different based on the type of technology.
Positive representation for your venture - Identify and realize the full potential of value from patents.
Boost the command to make the deal - Can generate revenue from the licensing of patents.
Chance to accredit or vend the invention - Enable a person of skill in the particular field to understand the invention well enough. It facilitates to turn your novel ideas in to riches.
Superior ROI - A key requirement for raising venture capital.
The patent law is a legal agenda that set up a system of exclusive rights which supports and support technological novelty and encourage fiscal progress.
Infringement means violation of one’s exclusive right granted by the sovereign of a Country. If an IP owner is enjoying his monopoly rights granted to him and any infringer causes damage or violates his rights then IP litigation comes into play to rescue the IP owner.
In case of infringer of your intellectual property be it Trademark, copyright, patent, designs, trade-secrets etc., the remedy can be obtained by means of litigations. When IP infringement turns out, the holder may sue for aid in the appropriate court. The IP owner can seek the court for an injunction to put a stop to the continuation of the infringement and may also ask the court for an award of damages caused to him due to infringement of his rights.
“Domain names have become precious commodities and unlike trade marks each domain name is unique. This means there is often a want to be the first person to register a domain name, and this can lead to disputes on the "right" to register. As a result domain name disputes arise".
Domain names and trademark names are very disputable issues. By registering a name in Trademark does not stop another honest user from registering a name under domain. The genuine trademark owner can claim the domain name from another user if he is able to prove the domain name owner his bad faith of attempting to use trademark owner’s reputation to gain commercially.
Unique URL address | Domain names | Useful Mnemonic | Scope of confusion
It is evident that using a name or trademark name which is already being used by another will lead to dispute. The usage of same or partial trade name to host a website is not advisable.
A team will judge several non-exclusive factors to assess bad faith, such as:
Whether the registrant registered the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark.
Whether the registrant registered the domain name to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, if the domain name owner has engaged in a pattern of such conduct; and
Whether the registrant registered the domain name primarily for the purpose of disrupting the business of a competitor; or
Whether by using the domain name, the registrant has intentionally attempted to attract, for commercial gain, internet users to the registrant's website, by creating a likelihood of confusion with the complainant's mark.
To resolve the domain name disputes an organization named UDPR Uniform Domain-Name Dispute-Resolution Policy formed by Internet Corporation for Assigned Names And Numbers (ICANN) sprouting out of internet domain names;
UDPR follows a procedure which are cost effective and within reasonable time period. Even though they deal with such disputes, decision provided by them for this is not bounding on any parties to the disputes.
There is no modus operandi to claim any compensation or action in opposition to the infringer by this organization unlike Court action where the authentic possessor can state his privileges and indemnity ought to be.
Consequently we sustain our clients comprehend their authentic possessions and indemnity on behalf of them by adjudication procedure.
Intellectual Property is considered as one of the most vital asset for the company or organization and to know the value of your IP. As Intellectual Property is an Intangible asset, the valuation process depends on various criteria and can be derived by number of theories.
The steps for valuation is that of Identifying the Assets, then determining the context of valuation and the next is to select and apply the appropriate valuation method.
The use of ascertaining the value of our IP can be used for
Our law firm follows the best practices of IP valuation to ensure quality of the process and its execution.
IP management helps in building brand identity and makes a company standout in crowd by displaying their unique identity in the market. This brand identity and uniqueness created, brings a reputation for the company among the public and so brand value increases.
IP covers a wider category and its management is most complex. Intellectual property is the most valuable right and at the same time most puzzled right, hence the management is highly technical as well as legal. Management of IP includes renewal of Trademark, Patent etc, Licensing, assignment and safeguarding the IP of the organization.
Effective IP Management involves the following key areas:
All the organization possesses IP rights such as Trademark, copyright, patents, designs, trade-secrets and much more. The IP assets forms the backbone of the organization’s growth and managing them and protecting its confidentially is most important. Most of the organization does not know the value of IP assets which they posses, we as practiced professionals help all our corporate to understand, by making them comprehend about the value of IP, they posses. We support them in managing, protecting, monetizing their IP rights in a most efficient manner. To maintain their own IP rights is a time consuming process, so we help in training corporate to manage by themselves or otherwise we help them manage their IP asset on their behalf.
The purpose of this department is to be a bridge between the inventors of technology and commercialize it through interested corporate owners. The technology transfer department makes a research to identify the potential technology which has great scientific value, industrial applicability and more commercial value. Careful analysis of the values leads to exploitation of its commercial value, methods and practical process is brought into outcome. This process can be achieved by means of licensing or assigning or by entering into a joint venture or partners between the corporate and the owner of technology.
The process Technology transfer typically includes:
We as a law firm help our client in valuing their technology and help them set up their own company. We also provide service of drafting agreements required for technology transfer between the parties who transfer. Provide legal guidance to realize the monetary value deserved by the inventor.