THE FRAMEWORK

Intellectual property laws and practice in India are governed by a range of statutes, including the Trademarks Act, 1999, the Copyright Act, 1957, the Patents Act, 1970, the Designs Act, 2000, and the Geographical Indications of Goods (Registration and Protection) Act, 1999.

Here are some key points to keep in mind about intellectual property laws and practice in India:

• Types of Intellectual Property: The main types of intellectual property protection in India include trademarks, copyrights, patents, designs, and geographical indications.

​

• Registration Process: To obtain intellectual property protection in India, it is generally necessary to register the relevant intellectual property right with the appropriate government authority. The registration process and requirements may vary depending on the type of intellectual property and the authority involved.

​

• Enforcement: Intellectual property rights are enforceable in India through civil and criminal proceedings. Remedies for infringement may include injunctions, damages, and account of profits.

​

• Licensing and Commercialization: Intellectual property rights can be licensed or otherwise commercialized in India, and there are specific laws and regulations governing the transfer and assignment of intellectual property rights.

​

• Patents: India has a robust patent regime, and patents can be obtained for a range of inventions, including processes, products, and software. India also has specific provisions for compulsory licensing of patents in certain circumstances.

​

• Trademarks: India has a well-developed trademark regime, and trademarks can be registered for a range of goods and services. India also recognizes well-known trademarks that are not registered in India but have acquired significant reputation and goodwill. In India, trademarks may be registered to protect unique brand names, logos, and other distinctive signs used in trade. Trademark registration can be renewed indefinitely. Copyright protection in India is available for original literary, artistic, and musical works, among others. Copyright protection generally lasts for the lifetime of the author plus 60 years.

​

• Copyrights: Copyrights can be obtained for a wide range of works, including literary, artistic, musical, and cinematographic works. Copyrights are typically registered with the Copyright Office, and enforcement of copyrights is governed by the Copyright Act.

​

• Infringement and Enforcement: Infringement of IP rights is illegal in India and can lead to civil and criminal penalties. IP owners may seek enforcement through civil courts or criminal courts, and may also seek remedies such as injunctions, damages, and seizures of infringing goods.

​

• IP Transactions: IP can be bought, sold, licensed, or assigned, and these transactions may require legal documentation and approval from the relevant authorities.

​

SANGHAVI & PARTNERS ADVANTAGE

Sanghavi & Partners' IP practice offers legal assistance to clients in the registration and protection of their IP assets, including trademarks, patents, copyrights, and designs. The team advises clients on the eligibility criteria for different types of IP protection and helps them prepare and file their IP applications with the relevant authorities.

​

The firm's IP lawyers also provide legal advice on IP enforcement matters, including infringement disputes, licensing, and litigation. The team is experienced in handling IP litigation cases and works closely with clients to develop effective litigation strategies and achieve favorable outcomes.

​

Sanghavi & Partners' IP practice also assists clients with IP portfolio management, which includes conducting IP audits, providing clearance opinions, and advising on IP licensing and commercialization. The team works closely with clients to understand their unique needs and priorities and develops customized IP strategies that meet their goals.

​

In addition, the firm's IP lawyers stay up-to-date with the latest developments in IP law and practice in India and provide clients with practical and effective solutions to their IP challenges. Overall, Sanghavi & Partners' IP practice is committed to providing high-quality legal services to clients seeking to protect their valuable IP assets in India.