Industrial Design

Designs Act, 2000 is the law governing Designs law in India. By registering a Design, the owner enjoys the commercial advantage. Application for the registration of designs must be filed before any article or design is in public domain or public display. Once the Design is already in public domain or commercialized, the owner can become disentitled.

For obtaining design Registration, it takes less time compared to other intellectual Property. The protection for design is provided for a period of 10 years which can be further renewed for a period of 5 years before expiration of the tenth year.

India is a signatory to Paris convention for the protection of Industrial property and the Agreement on Trade Related Aspects of Intellectual property rights (TRIPS). And Prosecution, Enforcement, and Advisory Services comes under the purview of IP Laws.

The Registered Proprietor of a Design has an exclusive right to restrain third person from infringing his registration rights by making, applying the Design or Importing articles bearing the Design. And a registered owner has full right to file a civil lawsuit for injunction to restrain infringement of a registered Design. Criminal remedies are not provided under the Design law.

The firm provides comprehensive services such as prosecution, enforcement and advisory services. We handle design prosecution and litigation covering everything from industrial products, handicrafts, technical and medical instruments, watch and jewellery, houseware, electrical appliances, automotive products etc.

Design is registered for the period of ten years which can be further renewed for a period of five years before expiration of tenth year.

Trademark

A Trademark is a sign that is able to distinguish one enterprise’s goods from those of other enterprises. It is granted for a period of 10 years and can be renewed for every 10 years. Over time Trademark becomes synonymous with a company name, so that you don’t even need to see the name to recognize a particular business.Once a Trademark is granted to the owner then he can claim over it if he finds some third person using his (same) name by suing him in court or can also claim compensation from him.

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Copyright

Copyright is a legal term that is used to describe the rights that creators have over their literary and artistic work. It is to be noted that Copyright is granted to only those persons who have originally adopted or created it.Works that are covered under Copyright ranges from books, music, paintings, sculptures and films, computer programs, database, websites, advertisements, amps and technical drawings, Sound Recording and musical compositions, video games and computer softwares, dramatic works such as plays and musicals, cinematographic work, literary work, musical or dramatic work.

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Industrial Design

An Industrial Designs constitutes the decorative or aesthetic aspect of a piece of writing . A Design may contains three dimensional features, like shape or surface of a piece of writing , or of two dimensional features like patterns, lines or colours.But Industrial Designs are different from patents as in Patients only new inventions or novel inventions can be registered but it is not mandatory in the case of Industrial Designs. In Industrial Design only new shape of the product is necessary.

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Geographical Indications

Geographical Indications and appellation of origin are signs used on goods, that have a specific geographical origin and possess qualities, a reputation or characteristics that are essentially attributable to that place of origin. Most commonly, Geographical Indication includes the name of the place of origin of goods.For eg. Oranges are famous in Nagpur, Shikanji is famous in Modi Nagar.

Trade Secrets

Trade secrets are confidential information which may be sold or licensed. The unauthorized acquisition use or disclosure of such secret information during a manner contrary to honest commercial practices by others is considered an unfair practice and a violation of secret protection. However, it is not practiced strictly in India.