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Legal Processing Out Sourcing

Intellectual Property:

AdzPark achieves its clients' intellectual property objectives effectively and efficiently by combining a deep understanding of patent, copyright, trade secret, and trademark law with knowledge of our clients' industries, including the relevant business and regulatory environments.

We use business law experience to realize the full value of intellectual property rights through licensing agreements, joint ventures, and other distribution programs. Our experienced patent, trademark, copyright, and trade secret litigators appear regularly before courts, arbitration panels, and government agencies throughout the world.

AdzPark provides comprehensive assistance in acquiring, enforcing, defending, and exploiting intellectual property.

Patents

Patents

Patents are the hallmarks of innovation. We, at AdzPark discern that patents are pivotal to an organization's growth in the present phase of knowledge based economy. Our team of patent attorneys and technical specialists in diverse fields comprehends the nuances of patent protection and collaborates with the clients to formulate an effective patent strategy. We provide comprehensive and end-to-end patent services including patent searches, patent drafting, patent prosecution and patent litigation.

Patents are techno-legal documents that need the assistance of an experienced patent attorney for their drafting and prosecution. Otherwise, the inventor might not be able to protect the invention in an effective manner. Before proceeding with drafting a patent application, it is essential to carry out a Novelty/ Patentability search to check if the invention is anticipated by any prior art. After ascertaining the novelty of the invention, the patent application can be drafted. Different countries have different requirements for a patent application. It is sensible to contact a patent attorney practicing in the country where the inventor chooses to apply for protection. We at AdzPark are having associates worldwide and inventor can chose us as a single point for filing patent applications in various countries.

PATENT SEARCHES
  • State of the Art Searches
  • Novelty Searches
  • Validity/Invalidity Searches
  • Infringement Searches

PATENT DRAFTING
  • Complete Specification Drafting
  • Claim Drafting
  • Patent Proof Reading
  • Patent Illustration
  • Office Action Responses

PATENT PROSECUTION
  • Filing of Provisional/Non-Provisional Applications
  • Filing of International Patent Application (PCT)
  • Publication of Patent
  • Examination & Preparation of response to Office Action
  • Contesting Pre-Grant Oppositions
  • Grant of Patent

Trademarks & Service Marks

In an economy largely driven by brand recognition, establishing and protecting company names and trademarks is critical. AdzPark has been at the forefront of trademark and unfair competition law, trying cases throughout the country and arguing them at all levels, including IPR tribunals.

In addition to litigation, Our experience includes searching and clearance; application and prosecution; licensing activities; due diligence in acquisitions; mediation and arbitration; and enforcement, along with international services provided in association with our global network of independent foreign associates.

AdzPark associates with Dejure trademark lawyers go beyond the protection and defense of trademarks to the broader field of unfair competition law. Such matters include trade dress infringement, false advertising, deceptive trade practices, misappropriation, passing off, defamation, right of publicity, parody, counterfeiting and related issues.

Trademarks & Service Marks

Our attorneys are at the cutting edge of Internet practice, dealing regularly with issues of meta tags, linking and pay for placement.

Copyrights

Copyright is an automatic and unregistered right, copyright exists in almost everything "written down" and also to "artistic", "musical" or "dramatic works" - from books and "music recordings" through to "websites" and "software".

The IP team can provide expert advice on protection, ownership and licensing of copyright. Whether its ascertaining who owns the rights to a computer program, or advising on joint collaborations and licensing the intellectual property resulting, the team can offer specialist advice to fit any situation.

Areas of copyright expertise include advertising, the sale and acquisition of copyrights and property libraries, due diligence inquiries, moral rights and performance rights. Trademark issues can also arise in copyright contexts. Although a work might not constitute a copyright infringement, it might be a trademark violation. To address these issues, many of our copyright practitioners are dually trained in trademark law.

Our team brings solid technology and engineering backgrounds to their legal practices; therefore, the firm's copyright practice is particularly well-suited to attack and solve technology-related copyright issues arising in the context of trade secrets and computer software. Our clients are diverse and include television production companies, media conglomerates, publishers, telecommunications companies, software companies, celebrity personalities, in respect of use of photographs in catalogues, and in respect of layout of websites, use of proprietary software and infringement in customer lists. Whatever the issue, the IP team at AdzPark collaborated with Dejure Chambers can help.

Geographical Indications

Geographical Indications (GI) are one of the seven categories of IPRs recognized for protection under the TRIPS Agreement, which is a part of the WTO Agreement. India being a signatory to the WTO Agreement is obliged to provide certain minimum standards of protection to GIs and has subsequently enacted the Geographical Indications of Goods (Registration and Protection) Act, 1999 which came into effect on 15th September, 2003.The Act is administered by the Geographical Indications Registry located at Chennai with jurisdiction all over India. The Act also provides for a GI Register with two parts –part A and part B. Part A has details of registered GIs and part B has details of authorized users of GI. A Geographical Indication should be protected in the country of origin to claim reciprocal protection in the member states of TRIPS.

Geographical Indications are defined as indications or signs which identify a good as originating in a particular geographical region, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin. GIs are collective rights used by the producers of a particular product in a particular geographical region covered by a particular GI. They may be used on natural, agricultural or manufactured products. Some examples of GIs are Darjeeling Tea, Champagne, Roquefort cheese, Tirupathiladdoo and HyderabadiHaleem. GIs need not be only geographical names of a region but can also include symbols that indicate the origin of goods without literally naming the geographic region (For example, Basmati).Geographical Indications are valuable commercial assets and hence open to unfair practices and misappropriation. Most of the GIs have appreciable export potential. Thus protection of GIs at the national and international level is mandatory.

Application for GI registration in India can be submitted at the GI Registry by any association of persons, producers, organization or authority established by or under the law representing the interest of theproducers. The applicant may be represented by an authorized agent. The application should be accompanied with prescribed fees and a Statement of Case. After examination, if there is any objection the applicant can amend the application or apply for a hearing. If the application is accepted, it is then published in the GI journal within three months of acceptance and is open for opposition. An opposition should be made within three months of the publication of the application. If the opposition is quashed, then the GI is registered in the GI register. The term of GI protection in India is ten years and can be renewed. GI rights are public property rights and cannot be assigned, transmitted or mortgaged. Registration of GIs under the GI Act in India is not compulsory but registration offers better protection wherein the registered users can initiate a suit for infringement. As of January, 2013, there are 178 registered GIs in India and most of them are handicraft goods.

AdzPark & Dejure chambers provide comprehensive services for protection of GI. We assist our clients in filing and prosecution of applications for GI registration, opposition proceedings, infringement proceedings and passing off actions.