The dynamic Intellectual Property regime in India requires specialised knowledge and skill-set. With a multi-faceted R&D team of professionals and lawyers, the Intellectual Property practice vertical in Lakshmikumaran & Sridharan is equipped to provide comprehensive services to clients.
National legislations on intellectual property (IP) vary significantly, be it for protection, prosecution, infringement or revocation. Thus, a robust intellectual property strategy which includes effective solutions is sine qua non to a host of industries: from chemical and bio-pharma, to information technology, electronics, automotive engineering or bio-technology.
The Intellectual Property Team serves Indian and global businesses to obtain and enforce intellectual property - patents, trademarks, design and copyright by assisting in filing, prosecution, registration, licensing, valuation and defending rights against infringement.
The experts and attorneys at Lakshmikumaran & Sridharan have the experience in dealing across sectors and understand the importance of giving customised solutions.
Intellectual Property at L&S
Multi-disciplinary expertise (ranging across different fields like law, science, and engineering) and skills (including drafting and formulating the best Intellectual Property strategy) are necessary to obtain and protect intellectual property and maximize the value derived from them. A patent agent, a litigator or technical advisor should necessarily have an Intellectual Property-focussed approach in understanding and executing his responsibilities.
Services provided by Lakshmikumaran & Sridharan include opining on patentability, patenting, filing, prosecution, pre and post grant opposition, freedom-to-operate, due diligence, patent watch, evolving effective patent strategy, trademark registration and protection, anti-trust, plant variety protection (PVP) and licensing of copyright to name a few.
IP Licenses affecting IP assets are essential to leverage their underlying value. An effective licensing strategy may enhance the IP value. L&S Licensing team handle a variety of IP licensing and technology agreements for organizations ranging from start-ups, to multinational corporations/established businesses. The L&S attorneys are able to able to utilize their deep understanding of the underlying technology along with their understanding of the businesses.
As one of the leaders in securing IP protection in India, the IP Litigation team ensures that the IP of clients is protected against unauthorized use. The IP Litigation team at L&S possesses deep expertise and experience across a wide technology area. Coupled with a robust industry knowledge and up-to-date legal expertise, the IP Litigation team guides and advises clients as to how their IP interests can be effectively enforced.
The Intellectual Property team provides assistance on the following areas of IP:
Plant Variety Protection
Given the track-record of high-profile patent litigation, the team handles matters involving high end technology, such as, power electronics, automotive engineering, telecommunication, computer software, aeronautical engineering, civil engineering, mechanical engineering, pharmaceuticals, biotechnology, and plant breeding. In reality, intellectual property impacts industries and people across all verticals. Additionally, adequate importance needs to be paid to the proper management of rights in trademarks, copyright and design protection. Our multi-faceted team has won international acclaim for their expertise in IP, and can advise a company through all aspects of protecting their rights.
Divisional Applications in India: Evolving jurisprudence
19 December 2022
NEWSTrademarks – Indirect use of misleading country of origin is ‘material respect’ in definition of ‘false trade description’, which is not registrable
23 January 2023 Use of trademark in form of translation or transliteration amounts to infringement
05 January 2023 Trademarks – International registration – Deemed protection under Section 35E(5) cannot be extended when opposition filed within time
09 November 2022