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Intellectual Property Rights

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Our Ambition Statement

Our ambition is to be a respectable law firm providing efficient and courteous service, to act with fairness, integrity and diligence, to be socially responsible and to enjoy life.

We should put greater emphasis on working in consonance with our aforesaid values than on maximising earnings.

Earn we should, but with dignity and pleasure.

A brief history of Khaitan & Co

1911 Founded in Kolkata by Debi Prasad Khaitan, one of seven members of the Constituent Assembly who framed the Constitution of India in 1949

1970 Opened office in New Delhi

1994 Opened office in Bengaluru

2001 Opened office in Mumbai

2011 Celebrated our centenary as one of India's oldest and largest law firms

2016 500+ fee earners including 115 partners and directors

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Landscape of Intellectual Property Rights (IPR) in India

Indian economic growth has galvanized industrial activity across various sectors. The changing face of India’s commercial policies and a large/growing consumer market, not only continues to attract foreign investments and world class technologies, but has also brought about a tremendous growth in domestic companies. Intellectual property law remains centric to secure and retain market share in such a competing ecosystem.

The Intellectual Property (IP) system in India is more than 150 years old and provides statutory protection to most of the IPs. Indian IPR policy was traditionally viewed sceptically as being biased towards local industry, and may have discouraged the entry of global innovators and state-of-art technology.

Over the years, milestone changes were introduced in the IP system primarily to render the system TRIPs compliant and make it robust and comprehensive. With amendments to various IP legislations, and as a signatory to a wide range of international treaties and conventions, India remains committed to raise standards of IP protection.

Indian IP offices recently have undergone major improvements in terms of infrastructure; human resources; digitization; E-filing; and E-searching facilities to expedite processing of IP applications. India has a special forum for dealing with most appeals known as the Intellectual Property Appellate Board. It is a quick, effective and cost effective forum for dealing with appeals. To enhance speedy disposal of commercial disputes, the government has also passed a legislation to fast-track procedure on commercial disputes including IP disputes.

Driven by its Make-in-India and Digital India initiatives, the Indian Government is now endeavoring to accommodate the needs of the global manufacturers within the IPR framework. The National Intellectual Rights Policy 2016 has prioritized innovation and public interest as equally critical goals.

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KCO Intellectual Property Practice Our Intellectual Property (IP) Practice provides full service across the life cycle of patents, designs, trademarks, copyrights, plant varieties, domain names, geographical indications, trade secrets and confidential information. We assist clients across industries on diverse areas such as local/international filings, prosecution, advisory, transactions and enforcement. Our team comprises of legal and technical professionals, collaboratively leveraging on clients’ commercial, strategic and technical interests to offer bespoke, pragmatic as well as cost-effective solutions.

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KHAITAN & CO | INTERNATIONAL TRADE, VAT & REGULATORY AFFAIRS PRACTICE

Select Credentials

PATENTS

Daimler AG Patent drafting

Maschinenfabrik Rieter AG

Patent prosecution, opposition proceedings, patentability opinion and freedom to operate opinion

CTP Environment SAS

Patent infringement suit

Godrej Group companies

Patent drafting, patent prosecution, patentability opinion and freedom to operate opinion

Indian Institute of Technology

Patent drafting and prosecution

Robert Bosch GmBH

Patent due diligence and advisory in an acquisition transaction

TRADEMARKS

Novartis AG Trademark advisory, agreements and litigation advisory

Harley Davidson Branding advisory from a trademark perspective

Tata Group Companies

Trademark prosecution and advice in relation to trademark matters including contentious

Mahindra & Mahindra

Trademark prosecution and contentious matters

Hindustan Unilever Suits for trademark infringement and disparagement

Sun Pharmaceuticals Limited

Trademark advisory in a peculiar merger transaction involving tussle with competition law

KHAITAN & CO | INTERNATIONAL TRADE, VAT & REGULATORY AFFAIRS PRACTICE

COPYRIGHTS

KING.COM Suit for copyright infringement

Saregama Limited Suit for copyright infringement, advisory in relation to royalty issues

Samruddhi Finstock and SAMCO Securities

Suit for infringement of copyright subsisting in a concept note

Reliance Brands Advisory in relation to copyright issues arising out of franchise agreements for well known labels

Flipboard Advisory in relation to web/data scrapping issues

DESIGN

Abbot Pharmaceuticals

Design prosecution and advisory

Merck KGaA Design prosecution and advisory

Ather Energy Design and other IP advisory and prosecution for start-up

OTHERS

Plant Variety: MAHYCO

Due diligence of plant variety applications in an acquisition transaction, license agreements.

Biodiversity: L’Oreal

Advise in relation to biodiversity issues

KHAITAN & CO | INTERNATIONAL TRADE, VAT & REGULATORY AFFAIRS PRACTICE