IPR: A Huge Opportunities For Lawyers In India
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    • IPR: A huge opportunities for lawyers in India

    Anish Kumar Sinha

    marketing engg
    The importance of intellectual property law in India is well established at all levels- statutory, administrative and judicial. India ratified the agreement establishing the World Trade Organisation (WTO). This Agreement contains an Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS). It lays down minimum standards for protection and enforcement of intellectual property rights (IPR) in member countries which are required to promote effective and adequate protection of IPR with a view to reducing distortions and impediments to international trade. The obligations under the TRIPS Agreement relate to provision of minimum standard of protection within the member countries legal systems and practices.

    Types of IPR
    The IPR laws in India include five broad categories

  • Patents: Patents are the set of exclusive rights granted by the Government to an inventor related to a particular invention, for a fixed period of time
  • Trade Marks: A trademark is any word, name, symbol, or device capable of distinguishing the goods or services of one person from those of others
  • Copyrights: Copyrights are set of exclusive rights given to an author of a literary or artistic work
  • Geographical Indications: A geographical indication is a sign used on goods that tells consumers that a product is produced in a certain place and has certain characteristics that are due to that place of production
  • Industrial Designs: An industrial design comprises the visual features like shape, configuration, pattern or ornament applied to a manufactured article. Industrial design rights are granted to the creator of designs to reward them for their effort and investment in manufacturing the product

    • Patent litigation practices in India

    Patents are rights created by statute. These are negative rights and stop everyone except the inventor to get the benefits of the invention. It has to be the inventive step of the inventor which must be rewarded by the society. As this protection is provided by the enacted law, it depends on the jurisdiction in which the invention has been made and needs to be protected.

    Patent litigation practice in Lakshmikumaran & Sridharan is all comprehensive and covers all aspects of IP disputes. Senior attorneys with many years of government and industry experience form the core of the litigation team. Their deep understanding of patent law in other jurisdictions, coupled with knowledge of science and technology, enables this team to distinguish the finer nuances between Indian and Western intellectual property laws. In this manner, it has been possible to consistently deliver positive results to the complete satisfaction of clients.

    Lakshmikumaran & Sridharan handles patent infringement and related litigation issues, patent appeals and opposition proceedings, investigation, pursuing criminal remedies and civil infringement litigation among others.

    Event on Patent Litigation

    Annual Forum on Pharma & Biotech Patent Litigation is being organized on January 29-30, 2013 in Amsterdam.

    The focus will be on latest case law developments in Europe and the United States and the impact of these decisions on the industry. The speakers will include judges, key regulators and in house counsel handling patent litigation.

    Some of the topics which will feature for discussion are Unitary Patent Court, the America Invents Act and enforcing patent in emerging markets including China. It will also cover latest developments affecting patent litigation in the four key jurisdictions in Germany, the UK, Netherlands and France.
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