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Intellectual Property and Competition Laws

Intellectual property (IP) Laws have made rapid strides and today is one of the core area for businesses in their strategy. IP very broadly protects the legal rights flowing from an intellectual activity in the industrial, scientific, literary and artistic fields. The various IP rights are categorized in the form of Patents, Trademarks and allied marks, Industrial Designs, Copyrights etc.

The other emerging rights in the field of IP are Geographical Indications, Plant variety Protection, Traditional Knowledge, Biodiversity and access and benefit sharing legislations for which Entete Legale has a separate division.

The low awareness levels of IP on the huge population of a developing country like India brings in the added pressure on the businesses in having a clear IP strategy, be it for registration of new rights or in protecting the old ones. Entete Legale has expertise in this specific area of formulating IP strategy for businesses to safeguard their commercial needs, nationally or internationally and supports its Client in these areas

Trademarks and Allied Marks

  • Advising on selection and suitability of marks for registration
  • National and International search for prior registrations and applications
  • Filing, registrations and renewals of Trade Marks, Service Marks, Collective Marks, Certification Marks
  • Advising on rights in trade names, trade dress, passing-off, unfair competition, and unregistered trademark rights acquired through use
  • Negotiating and drafting agreements for the purchase, sale, or licensing of trademark rights
  • Licensing, merchandising and franchising agreements for brands
  • Advice on advertising standards
  • Domain names including WIPO arbitrations under the UDRP
  • Parallel imports and anti-counterfeiting litigation and brand protection
  • Disputes about trade and business secrets, Know-how
  • Development and handling of cross-border litigation strategies

Entete Legale has specific expertise in handling Domain Names Disputes and has experience in going through the WIPO arbitrations under the Uniform Domain-Name Dispute-Resolution Policy [UDRP]

Copyrights & Designs
  • Copyrightability advice, research for ownership and protectability issues
  • Agreement negotiation and preparation for the creation, licensing, purchase or sale of copyright material
  • Content Management & Digital Rights Management
  • Hire agreements, assignments and releases for the film and music industry
  • Copyright dispute litigation and Infringement advice
  • Organizing systematic publicity, public education, and infringement warnings
  • Filing and registration of Designs
  • Infringement advise and litigation
Patents
  • Co-coordinating National and international patent registrations
  • National and international patent infringement proceedings
  • Opposition proceedings, Nullity/revocation proceedings
  • Disputes about trade and business secrets, Know-how
  • Development and handling of cross-border litigation strategies
  • Negotiation and drafting of patent-related contracts including licensing agreements, R&D contracts, joint ventures, co-operation agreements, distribution contracts and non-disclosure agreements

The drafting of Patent Application, filing and registrations of Patents are done by associates of Entete Legale directly coordinating with the clients of Entete Legale as we recognise the techno-legal skill required in undertaking this task.

Competition Laws

Entete Legale has expertise in the practice in the Competition/Anti-Trust law; Protection against unfair competition, unfair trade practices which as regards India is an evolving law. The Competition Act, 2002 makes a significant difference and we have the expertise of advising on this aspect and ensuring that no agreements have clauses that can be interpreted as not in compliance with Competition Law.


     PRACTICE AREAS
Biodiversity and Plant Variety Protection
Intellectual Property and Competition Laws
Banking, Finance, Securities and Insurance
International Trade, Foreign Direct Investment and Taxation
Information Technology and Cyber Laws
Alternate Dispute Resolution
 
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