Having adequate IP enforcement mechanism in place is crucial for any business to reap the maximum benefits available with their IP. Effective enforcement of IP rights also plays a major role in curbing piracy, counterfeit and fake products, which in turn will boost the economy.
Our litigation team at Lex Manibus has extensive experience in designing enforcement strategy and advising clients of propitious course of action.
Litigation (Civil & Criminal action against Infringement/Passing-off)
IP lawsuits are always a major concern for businesses and, in any IP litigation, companies that are well prepared with enforcement strategy are more likely to prevail. We represent our clients in litigations concerning infringement actions in general, passing off actions for unregistered trademarks and criminal enforcements related to counterfeit goods. Our litigation experts continuously work with clients to assist cases from pre-suit scrutiny through examination and trial.
IP Appellate Board Proceedings
Intellectual property appellate board has been established by the government with jurisdiction to hear appeals arising out of any decision issued by the controller/registrar in respect of patents, trademarks & geographical indications and certain invalidity/restriction proceedings. Litigation team at Lex Manibus employs judicious approach, including thoughtful consideration of timing and likelihood of successful outcome, to take advantage of trials at the IPAB.
Administrative Actions
In India, importation of allegedly infringing goods can be restricted, seized or confiscated by the Customs Department on an application from the right holder with necessary documents. Our associates are acquainted with border control measures to enforce IP rights by suspending the clearance of infringing goods imported to India.
Arbitration in Domain Name Disputes
We are specialised in representing clients before arbitrators and mediators for cost effective and speedy resolution of commercial IP disputes. Our associates have extensive experience in dealing with domain name dispute resolutions domestically under the .IN Dispute Resolution Policy (INDRP) & internationally under the Uniform Domain Name Dispute Resolution Policy (UDRP) and Uniform Rapid Suspension System (URS).
We also assist our clients in registering their trademark with the new Trademark Clearinghouse of the Internet Corporation for Assigned Names and Numbers (ICANN) for extending stronger rights protection mechanism in the new gTLD world.
Assignment, Licensing and Franchising
The person who owns an intellectual property may not necessarily be the one experienced in making the best use of it in commerce or may not have sufficient resource or skill to convert the IP right into account. The most appropriate way out in all such cases is to delegate the task of commercial exploitation to someone by way of agreements. Our associates are proficient in drafting, negotiating and reviewing commercial agreements related to buying & selling of IP, licensing, franchising operations and IP constituents of mergers & acquisitions of companies.
