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INTELLECTUAL PROPERTY RIGHT (IPR) LAWS

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We live in a knowledge and technology based era and future of business depends largely on effective creation, management and utilization of intellectual property rights. Intellectual and technological advancement is required to have a competitive advantage in the market.

At SKShah Legal Services, get help to CREATE, MANAGE, PROTECT your intellectual property rights such as TRADEARKS, COPYRIGHTS, PATENTS, DESIGNS, GEOGRAPHICAL INDICATIONS (G.I.), TRADE SECRETS. Also secure your confidential information, intellectual property by getting strong protecting agreements, contracts, commercial content drafting, and more. 

Intellectual property and Consumer Protection are inseparable. There needs a clear balance between monopoly rights and consumer interests, larger public interests. At SKShah Legal Services, we don't encourage corporates to run mad race to monopoly and profit but also serve to the society, have honest and ethical practices. Helping consumers with their rights protected is equally important to getting IP owners get their rights protected.

Our Services

Copyrights

Copyright is monopoly right and protects artistic work like painting, literary work like books or lyrics, dramatic works like stage plays, musical work, sound recordings, video/cinematography, ideas/concepts, software codes etc. Work must be original creation or legal adaptation or translation.

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Patents

Patent is a monopoly right granted by government to make, sell, exploit a new, inventive, non-obvious, useful product or process, to either its inventor or its owner or both, subject to other conditions for a limited years of time.

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Trademarks

Trademark is a brand, logo, slogan, product packaging, name, signature, shape of goods or containers of goods, heading, numerals, letters, combination of colour, smell, sound, that is distinctive and non generic, capable to indicate your origin in the market.

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Designs

Industrial Design or Design Patent is a monopoly right granted by government for any new, inventive, ornamental, aesthetic visual appearance or design of goods or goods container, including its shape, pattern, configuration and/or colour or combination of colours.

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Geographical Indications

Geographical Indication (GI) is a name or logo that helps identify geographical origin of product, specially in case of agricultural or natural produce, handicrafts or handloom, which derives its unique characteristics due to soil, water, weather, culture or skills of people of region.

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agreements

Agreement is a written document between parties which records mutually agreed business terms, conditions, rights, responsibilities and future transactions for a time and territory agreed upon between them, duly signed by all parties. A legally binding, enforceable agreement is called contract.

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Legal Content Writing

Legal outsourcing is delegating some work to external legal professionals or firms to reduce costs of hiring and keeping of permanent staff experts. Legal tasks like document review, legal research, Legal drafting, litigation support are best to be outsourced.

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Consumer Protection

A consumer/ buyer can have remedies and protection against goods or service provider, in case of defect in goods, deficiency in services, unfair, deceptive, or fraudulent practices by seller or promises not fulfilled or proper information not provided before selling.

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Legal Opinions

Legal Opinion is an opinion by an expert lawyer on a legal case or situation, with careful study of papers, facts and merits. It provides clarity on applicable legal provisions, pro-con situation, remedies, strategies and a planned legal approach.

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Legal Outsourcing

Legal outsourcing is delegating some work to external legal professionals or firms to reduce costs of hiring and keeping of permanent staff experts. Legal tasks like document review, legal research, Legal drafting, litigation support are best to be outsourced.

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SI Circuit Layout Designs

Semiconductor Integrated Circuit layout designs (SICLD) refer to new, original design or specific physical arrangement of transistors, electric wires, circuitry and other electronic components on a semiconductor chip. These designs can be protected to avail monopoly rights in market.

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New Plant Varieties

New plant varieties are distinct, uniform, and stable plants or modified varieties developed through breeding or genetic modification. New plant species or its hybrid or genetically modified varieties can be protected to avail monopoly in market.

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START UP FACILITATION

Registration with DPIIT under Startup India Scheme provides various benefits to innovative, jobs creating and revenue scaling new businesses. Government has appointed various experts as facilitators to provide easy expert help, trademark registration, tax exemption requests, fund raising or mentoring.

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Medical Negligence

People can avail remedies against medical negligence, wrong treatments or carelessness by hospitals or doctors; sale of low standard medicines or medical instruments by companies; medicine or vaccine injuries or harms; wrongful medical claim rejections by insurance companies

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IP Audit and Due Diligence

IPR Audit is analysis of total IPR owned by a company, its current status and next steps required. Due Diligence is evaluation and research of title chain verification or risk analysis before making any IP deal or transaction.

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Latest Blog

November,2018

Trademark Registration

Trademarks, more commonly known as brands include logo, words, company name, sign, symbol, sound, product design, product packaging etc. which can be graphically represented and which are innovative and distinct enough to indicate the source/ origin of the goods/services of one proprietor from that of others in market.

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October,2018

Copyright Registration

Copyright registration is not compulsory in India, but it is advisable to get copyright registration, as it provides certain benefits, better protection and works as prima facie evidence of ownership of work.

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October,2018

Case Law: punitive damages: AQUA FIES held similar to AQUAFINA

Non contest of suit by Defendant, still damages granted (Delhi High Court, May 2014- Pepsico Inc & others. v/s PSI Ganesh Marketing & Anr.)

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