The hardships of life fall back when we cease to flee before them.
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February 22, 2021
Information Technology (IT) and Intellectual Property Rights (IPR) today are ingrained in every aspect of life and are constantly changing the way we function. This is a key focus area of the Firm.
Our Firm has the necessary professionals, who are well versed in all aspects of information technology, well informed of the latest developments in this ever changing landscape and are competent to assist and advise their clients with regard to any issue faced by them. We encourage thinking out of the box and try to identify the next generation of issues in this space and develop effective strategies for their protection and monetization.
Our Firm has assisted clients, in their work related to technology transfers, e-commerce, data protection, software development including websites, mobile apps, ERP systems, cloud services, system integration projects etc.
Our Firm helps clients manage, register and protect their Intellectual Property Rights, by assisting in obtaining registration and protection of Trademarks, Copyrights and Patents, Plant varieties etc, effectively monetise their IPR by licensing and assigning the same, conducting due diligence and if required prosecute any infringements of the same. With our extensive network in India and internationally through ‘Advoc’ (the international network of independent law firms), our Firm is capable of providing clients with legal assistance across the globe.
Our Clients include not only traditional businesses who are now preparing for the next phase of their growth story with the adoption of technology but also new age IT startups, technology developers, managed service providers, product developers amongst others.
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FAQS
What is Information Technology Law?
Information technology law concerns the law of information technology, including computing and the internet. It is related to legal informatics, and governs the digital dissemination of both (digitalized) information and software, information security and electronic commerce. In India it is primarily governed by the Information Technology Act, 2000 and inter plays with all aspects of law.
What are intellectual property rights and its types?
Intellectual Property Rights (‘IPR’) are granted by law to creators of new and original works, ideas, and/or inventions and come with limited monopoly and exclusivity.
There are different types of IPR namely Patents, Copyrights, Trademarks, Industrial Designs, Geographical Indications (GI’s), Trade Secrets, Layout Designs of Integrated Circuits, New Plant Varieties.
How does one obtain Intellectual Property Rights?
Depending on the type of IPR, a person has to apply for registration of their original works, ideas and/or invention before the concerned government authorities and obtain a certificate of registration for the respective IPR.
Can the IPR be transferred/ assigned?
Yes, it is possible to transfer the right through assignment, agreement, transmission with terms and condition in writing or by operation of law.
Are IPR rights limited by territory in their operation?
Yes, IPR rights are territorial in nature. It means that an Indian registration is valid only in India. For protection of IPR in any other country, one has to seek registration/protection separately under the relevant law of that specific country.
What remedies are available if Intellectual Property Rights are infringed?
An intellectual property rights owner can initiate legal action in the concerned court against the infringer seeking an order of injunction to restrain the infringement of IPR in future Further, for the past infringement, a person can claim monetary damages caused as a result of the infringement.
Depending on the type of IPR, the Court can also impose a penalty on the infringer which can be in the form of a monetary fine, or imprisonment or both.