A Corporate, Tax and Business Advisory Law irm IP & IT Division Intellectual Property Litigation and Enforcement 360 IPR Management and IPR Audit PATENT, TRADEMARK COPYRIGHT
THE IRM Vaish Associates is a full service law firm, offering legal support and advice across a broad spectrum to Indian and international clients. Mr. O.P. Vaish, Senior Advocate, Supreme Court of India, founded the firm in 1971. The irm, with its diverse expertise, has successfully met the varied and complex requirements of its clients for over 35 years. The irm offers the services of experienced partners and associates who are aware of the latest trends in law and of the rapidly changing business environment and are exposed to international legal environment. Using a team approach, the irm pools its combined expertise for the benefit of the client. The irm publishes a regular News Bulletin with an objective to keep its clients abreast of legal updates. The firm frequently organizes seminars and workshops for the clients on legal issues. The irm has its head office in New Delhi, India which is also the seat of the Government and the Supreme Court. It also has branch offices in Mumbai, the financial capital of the country, and Gurgaon, an emerging International Information Technology hub. The irm is a member of the World Law Group (WLG), which consists of representatives of 37 countries. The WLG network helps us to understand and analyze international legal issues as well as the expectations of overseas clientele. It gives the clients access to law firms in other jurisdictions where they require legal service. 2
Intellectual Property and Information Technology Practice Division The irm has a full-fledged and dedicated Intellectual Property and Information Technology (IP&IT) Division for providing specialized services in the field of Patents, Trade Marks, Copyright, Industrial Designs, Geographical Indications, Information Technology and Cyber Laws. The World Intellectual Property Organization has defined Intellectual Property as referring to creations of the mind; inventions, literary and artistic work and symbols, names, images and designs used in commerce. The term Intellectual Property Rights refers to the protection of the interests of creators by giving them property rights over their creations. The irm is well aware that in the emerging knowledgebased economy, intellectual property rights form the core of a client's assets, and that, a business' success and even survival depends on the protection and enforcement of these rights. That the client, whether an individual or a corporation, remains free of fear and is confident of the protection of his IP rights, is the constant endeavor of the irm. 3
Areas of Practice The IP & IT Division undertakes a wide array of work regarding the protection and enforcement of IP Rights. The Division has extensive experience and the areas of Practice include Patent, Trademark and Copyright, Industrial Design, Geographical Indications, Registration, Opposition, Rectification, Assignment and Registered User Agreements, Renewal, Search, Due Diligence and Risk Management besides litigation pertaining to all these intellectual property rights. The IP & IT Division handles registration work and litigation in courts throughout India. The IP & IT Division is involved with Brand and Image protection, Branding strategies, Confidential Information and Trade Secret Theft, Reputation Protection and Passing off. The irm currently manages bulk trademark, patent, registered designs and copyright portfolios that are protected in the region and throughout the world for several Indian and International clients. The scope of work may include making an inventory of a company's IP Rights to acquiring information about IPR Registrations and pending applications. The irm also specializes in prevention of audio, video, copyright and software piracy by way of search, seizures and Police raids all over India. The IP & IT Division aims to guide innovators, inventors, start-ups and established businesses right from the process of setting up a venture, which includes trademark and patent registrations, the protection of these rights and commercial exploitation thereof, and providing other commercial corporate IP services. The irm's multi-disciplinary team provides clients with appropriate information to enable them take informed decisions. 4
IP & IT Division Head The IP&IT Division of the irm is headed by Mr. Vijay Pal Dalmia, Advocate, Member, Supreme Court Bar Association. Mr. Dalmia is an experienced lawyer in the field of intellectual property rights, having experience of over 21 years. Apart from a law degree, he has technical qualifications relevant to the field such as Diploma in Web Technologies, a Certificate in Advanced Java and Oracle 8i DBA. He is a Registered Patent Agent with the Government of India. He has also acted as Additional Public Counsel, Government of NCT of Delhi. Mr. Dalmia's varied experience in Patent, Trade Mark, Copyright, Industrial Design and Information Technology related matters as also his experience in civil and criminal litigation in the field of intellectual property rights of over 21 years gives him the know-how and specific skills for resolving disputes quickly and efficiently. 5
Litigation and Enforcement The IP & IT Division specializes in litigation pertaining to IP Rights. It not only advises on issues related to infringement and passing off of IP Rights, but is also actively involved in enforcement of legal rights in the civil and criminal jurisdiction of Courts all over India in the field of IP Rights and Cyber Laws. Some of the areas of advisory and Court practice include: Advising on pre-use infringement risks Infringement and passing off issues and other matters relating to IP Rights in India Initiation, prosecution and defending civil proceedings in the Courts in India against infringements of IP Rights as well as passing off Initiation, prosecution and defending criminal legal action for enforcement of IP Rights Prevention of Audio, Video, Software and Copyright Piracy Conduct of criminal raids, search and seizure with the help of Police, IP Enforcement Special Cells and the Courts Instituting, prosecuting and defending opposition and rectification proceedings The Division also advises on 'how to avoid litigation'. The irm has experience in alternate dispute resolution such as arbitration and mediation, etc. 6
360 IPR Management and IPR Audit IT&IP Division offers comprehensive services across a range of activities to help its clients better manage their IP Rights and thereby maximizing the value of their intellectual properties. The services include selection of trademarks, registration, assignments, advice on the status of their IP Rights and so on and so forth. It keeps a vigil over potential IP Rights piracy and alerts the clients about possible infringements. It provides services with regard to strategic planning, docket management, due diligence exercise, IP acquisitions and divestitures, conflict resolutions, industry and competitive intelligence services. The Division offers appropriate strategies, according to the requirements of the client, that cover the various facets of the entire process of the development and commercialization of IP Rights. These include technology transfer, licensing and distribution. It also conducts IPR Audits and due diligence investigations. Besides, the Division conducts market surveys, research and takes care of all aspects, necessary for holding IP Rights. It also helps its clients judge the value of their IP Rights. 7
Patents Patent rights are granted to a patentee in exchange for the disclosure of details of the product or process that is new and useful, that can be successfully implemented in the real world. Be you an inventor or an innovator, the IT& IP Division is well equipped to advise on the protection of patent rights. The Division helps the clients negotiate the complex maze of laws, rules and regulations and aid them by developing patent protection strategies, enabling the client to make the best decisions in order to strike the best possible deal. IT& IP Division provides advice regarding all aspects of patent rights. The Division offers opinions on Patent validity and infringements and conducts appeals, interferences and oppositions and drafts patent specifications. It offers assistance in areas that include applications, assignments, licensing, patent prosecution, annuity services, infringement rule analysis, non-infringement patent opinions, invalidity patent options, product clearance, patent validity. It also evaluates Patent portfolios of clients and others. 8
Trademarks A trademark is a sign used by a business to identify itself and its products and services. It is a symbol of quality. It enables the owner to distinguish his product or service from same or similar products and services of others. Trademarks enhance the value of a business' goods and services, marking out their uniqueness. IT& IP Division is engaged in enforcing Trademark Rights and offers comprehensive advice on the same enabling the client to protect its business identity. IT& IP Division offers advice on all commercial aspects such as labeling, packaging and advertising. The Division offers services regarding trademark protection and trademark infringement, oppositions to trademark registrations, protection of corporate identity, corporate logos, symbols and reputation. The Division is engaged in trademark research, trademark monitoring, selection assistance, filing and prosecution of trademark applications and licensing. 9
Copyright Copyright is the set of rights regulating the use of an idea or information. Such ideas can include books, paintings, pictures, music, sculptures, architectural plans and computer programs. The ownership of a copyright to an idea or such information vests in its creator from the moment it is generated. Registration of a copyright gives the creator exclusive ownership of the idea enabling him to control its commercial exploitation. IT & IP Division has expertise in counseling clients regarding the protection of literary, artistic, audio, video and software works. The Division offers services that include registration, preparation and filing of copyright applications, docket management, research, infringement analysis, copyright assignments, licensing and the evaluation of authorship. 10
Industrial Design Industrial design rights include protecting a visual design of a product, industrial commodity or handicraft that is not purely utilitarian and that gives a product visual appeal. Such designs are found in all types of manufactured goods such as office equipment, vehicles and clothing and accessories. The law relating to Industrial Design has evolved into a separate category by itself. IP & IT Division offers various services including registration and protection of industrial designs of its clients. Geographical Indication A Geographical Indication is a name or a sign used on certain products that signifies a place or origin and is protected as part of Intellectual Property Rights. They are appellations of origin or indications of source which need not necessarily be geographical expressions. They also indicate that the quality of a product derives largely or exclusively from the environment of the place of origin. Geographical Indications are given legal protection similar to Trademarks. The IP&IT Division offers a full range of services with regard to this aspect of IP Rights. 11
Information Technology & Cyber Laws The use of technology in business involves many aspects of law and poses new challenges. IT& IP Division is involved with the resolution and conflict management in the fields of Information Technology and Cyber laws. The Division assists its clients on a whole range of technology driven legal issues, offering focused, sound and practical advice across the entire gamut of these issues. Information Technology and Cyber Law disputes often are related to IPR issues. The irm offers services with regard to the theft of image, graphics, web site design and content and copyright infringement, domain disputes and domain name recovery, software copyright infringement, internet piracy, data protection, information security and secrecy, digital rights management, compliance and criminal prosecution. Also, the IT& IP Division addresses e- commerce and related consumer protection issues such as privacy, obscenity and defamation. 12
Contact Us A Corporate, Tax and Business Advisory Law irm IP & IT Division New Delhi 10 Hailey Road, #5-7, New Delhi - 110001, India. Tel: +91-11-4249 2525 Extn. 532 ax: +91-11-2332 0484 E-mail: ipit@vaishlaw.com vaishlaw@vsnl.com Mumbai DGP House, Ground loor, 88C, Old Prabhadevi Road, Mumbai - 400 025, India Tel: +91-22-2438 4101 ax: +91-22-2438 4103 E-mail: vaishbom@vsnl.com Gurgaon #803, Tower A Signature Towers, South City-I, NH-8, Gurgaon - 122 001. India Tel: +91-124-454 1000 ax: +91-124-454 1010 E-mail: gurgaon@vaishlaw.com