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Intellectual Property Law

Intellectual Property Law

Our Company ‘GOLDBRICKS LEGAL’ is an intellectual property law group with a well recognized statutory, administrative and judicial framework to uphold intellectual property rights ("IPR") in India, whether they relate to patents, trademarks, copyright or industrial designs. Well-known trademarks have been protected in India even when they were not registered there. The courts, under the doctrine of breach of confidentiality, have accorded an extensive protection to trade secrets. The Trade and Merchandise Marks Act, 1958 has been replaced by the Trade Marks Act, 1999 and The Copyright Act, 1957 has been amended to protect the computer programs as “literary work”. The Patent Act, 1970 has also been amended by the Amendment Acts of 2005. The Intellectual Property Law is covered by the Copyright Act; the Trade and Merchandise Marks Act; Patents Act and the Designs Act. These are mainly based on the English law on the subject.

Copyright: In India copyright protection is available for any literary, dramatic, musical, sound recording and artistic work. Although an author copyright in a work is recognized even without registration, it is advisable to get the same registered since it furnishes prima facie evidence of copyright in a court of law. Our company has broad experience in copyright and content protection. Our dedicated group of lawyers assists clients in a wide variety of copyright related business. We assist in registration and negotiating terms and conditions of publishing, distribution, licensing and assignment agreements, royalty. 

Trade- marks: The Infringement of copyright entitles the owner to remedies of injunction, damages and accounts. The law relating to registration of trade- marks is governed by the known as the Trade Marks Act, 1999. A distinctive mark can be registered under the said Act. In case of infringement of registered trademarks, the statutory remedies of injunction, damages, accounts and delivery up of infringing labels and marks are available. An action for "passing-off" would lie in relation to an unregistered mark under certain circumstances. A mark is an important and crucial part in carrying out the business in a successful manner, and our company helps in undertaking conflict searches, filing and prosecution of the trade mark applications.  We not only help our clients register their marks but also help monitor them.

Patents: The subject is covered by the Patents Act, 1970. We give full-service in patent practices and also help in providing our clients with in-depth knowledge, resources and experience when handling their Patent Portfolios. Our services follow and support the life cycle of the patent including search, application drafting and prosecution, amendments, maintenance, licensing, assignment, opinions and litigation. 

Industrial Design: The Designs Act, 2000 protects certain designs. The features of shape, configuration, pattern, ornament or composition of lines or colours by an industrial process which appeals to the eye can be registered under the said Act.

Geographical Indication: The Geographical Indication of Goods (Registration and Protection) Act, 1999, was enacted to register and protect geographical indication of goods that originate from or are manufactured in a particular territory, region or even locality.

In addition, our team of lawyers is also experienced in negotiating and drafting a variety of license agreements.