Trademark

Your brand is your product and service name. We will fight to protect your point of difference. A trademark is an affordable way to get protection for the name of your product or service, and our trademark services help to make that an easier process. Once you have a registered trademark you can use the symbol ® in connection with your mark. Having a trademark helps your customers to recognize your product or service over your competitor's.

To get started you don’t need to have the name in use yet—according to trademark law, a trademark can be filed as an intent-to-use mark. You merely need to have good faith intent to begin using the mark. Once you are ready to use the name in commerce, we can help you secure the registration you need. We can assist you from the first step of choosing your brand, searching the registered trademark database to make sure your desired trademark is available, through the category research and registration procedure. We can continue to provide assistance in maintaining the mark and monitor possible infringements and advise you if any actions are needed.

Patents

Patents protect inventions and improvements to existing inventions.

Patent is a monopoly right granted by the Government to exclude others from exploiting or using a particular invention. This exclusive monopoly granted by a Patent is provided in return for the inventor disclosing the details of the invention to the public. Therefore, the patent is a monopoly right which offers exclusivity to the patentee to exploit the invention for 20 years after which it falls to the public domain.

While filing a patent for your invention, there are several critical aspects to be followed especially in drafting the claims, which define the scope of the invention. Drafting patent specification is an art by itself, and requires the expertise of skilled professionals in this field

Copyrights

Lexclaim has broad experience in copyright and content protection. This practice group assists clients in a wide variety of copyright related transactions. Be it registration, negotiating terms and conditions of publishing, distribution, royalty, licensing and assignment agreements, we do it all. In addition, we advice clients on the international validity of copyright.

This has been an area of concern specially given the increase in Business Process Outsourcing to India. We regularly advice clients in relation to content developed by employees during the course of their employment, developing in-house policies for employees’ use of copyrighted works, e-mail and the Internet.

This group has extensive experience in infringement litigation, representing copyright owners as well as alleged infringers

Industrial Designs

A design registration is used to obtain protection for the features of shape, configuration, pattern or ornaments.

The design may consist of three-dimensional features, such as the shape or configuration of an article, or of two-dimensional features, such as patterns or ornaments.

The words “pattern” and “ornament” refer to something that is embossed, engraved or placed upon an article for the purpose of decoration.

Advantages of Design Registration

A design is what makes an article attractive and appealing. Hence, it adds to the commercial value of a product and increases its marketability.

When a design is protected, the owner i.e. the person or entity that has registered the design is assured an exclusive right against unauthorized copying or imitation of the design by third parties. This helps to ensure that the design of the products is exclusive to the owner and the customer can at once identify the design of the product as that of the owner.

Geographical Indications

Geographical Indications of Goods are defined as that aspect of industrial property which refer to the geographical indication referring to a country or to a place situated therein as being the country or place of origin of that product. Typically, such a name conveys an assurance of quality and distinctiveness which is essentially attributable to the fact of its origin in that defined geographical locality, region or country. Under Articles 1 (2) and 10 of the Paris Convention for the Protection of Industrial Property, geographical indications are covered as an element of IPRs. They are also covered under Articles 22 to 24 of the Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement, which was part of the Agreements concluding the Uruguay Round of GATT negotiations.

India, as a member of the World Trade Organization (WTO), enacted the Geographical Indications of Goods (Registration & Protection)Act, 1999 has come into force with effect from 15th September 2003.

Plant Variety

India has ratified the TRIPS agreement and to give effect to this agreement, The Protection of Plant Varieties and Farmers Rights Act, 2001 (PPV&FRA) was enacted.

The main aim of this Act is to establish an effective system for the protection of plant varieties and, the rights of the breeders and to encourage the development of new varieties of plants.

Any variety that fulfills the DUS criteria and that is "new" (in the market) is eligible for this kind of protection, and there is no need to demonstrate an inventive step or industrial application, as required under a patent regime.

A DUS examination involves growing the candidate variety together with the most similar varieties of common knowledge, usually for at least two seasons, and recording a comprehensive set of morphological (and in some cases agronomic) descriptors.

Plant varieties present in wilderness cannot be registered, under PPV&FR Authority. However, any traditionally cultivated plant variety which has undergone the process of domestication / improvement through human interventions can be registered and protected subjected to fulfillment of the eligible criteria.

Franchising

Franchising is the process by which an entity that has developed a particular way of doing the business expansion by giving the other entrepreneurs the right to use the franchisor's running business model in there location or different location for a particular period of time in exchange of fees.

Franchising is a special type of licensing agrangement where thw right to use the business model is supported by a license to use the intellectual property rights associated with that business.

Company Law

Our Company Law lawyers in New Delhi provide expertise in all facts of company law to individuals, sole proprietors, partners, corporations and financial institutions. We provide our clients with the legal framework within which to create and organize a new business.

Our lawyers offer personalized service for specific legal matters and expertise for our clients’ complex legal matters. Our experienced team provides a full scope of legal services to enable our clients to successfully build, structure, and manage their company legal affairs.

Civil & Criminal Litigation

Our civil & criminal litigation lawyers are respected for the professional, tenacious, and assertive approach taken with files and are experienced in a wide variety of litigation matters and skilled in the resolution of complex problems.

Our lawyers work closely with our clients to understand the scope of their legal issues and to determine the most effective options for resolution. Whether we are serving a large company or an individual, and whether the matter is simple or complex, our Litigation Group strives to find practical solutions and to provide services that are professional, courteous and responsive.

The priority of our civil & criminal litigation lawyers is to enable our clients to achieve a successful resolution in a timely and cost-effective manner. Our lawyers’ extensive litigation experience allows us to represent our clients in any court or administrative proceeding.

Arbitration

As the costs of litigation have increased dramatically over the years, and the traditional legal system has become overloaded (leading to long delays in bringing matters to a conclusion), individuals and businesses are continuously looking for alternative methods to achieve a more efficient and less expensive solution to their disputes. Alternative Dispute Resolution, or “ADR”, provides just such an alternative. Mediation and arbitration are two options available through ADR.

An important distinction is that ADR is not the “first step” in litigation; it is a real alternative, providing an invaluable tool for the swift and cost-effective closure of a case.

THERE ARE MULTIPLE BENEFITS TO USING AN ADR PROCESS:

  • It brings closure to the parties’ dispute
  • It is a confidential process
  • It may preserve relationships
  • It offers a degree of control to the Parties
  • It offers flexibility to the Parties
  • It promotes joint problem solving

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