Intellectual Property Rights

Lex Excel is the leading firm in providing services under Intellectual Property Rights. IPR refers to the protection of creations of the mind, which have both a moral and a commercial value. IPR law typically grants the author of an intellectual creation exclusive rights for exploiting and benefiting for their creation. However, these rights, also called monopoly right of exploitation, are limited in scope, duration and geographical extent.

LEX EXCEL is dedicated to deliver the highest quality legal services and support to our clients. We as a full-service firm offer a comprehensive array of IPR services, including searches, prosecution, licensing and litigation and focus on trademark, copyright, patent and design related litigation and advisory work. Our team conducts prosecution, searches and portfolio management on the non-contentious side, and litigation on the contentious side. The firm follows a holistic and commercial stance on these matters including searches, commercial strategy and enforcement.

Dedicated services in connection with:

Trademarks

Trademarks are among the most valuable intellectual property assets for traditional, brand-driven, consumer product companies and technology businesses alike. With the globalization of potential markets and the continued expansion of the Internet marketplace, more and more businesses recognize that their corporate and product names, logos and slogans are essential for communicating product value, establishing a solid reputation and building brand loyalty in each of their key business jurisdictions. We handle all aspects of trademark practice from conducting trademark searches to filing application for registration of trademark, drafting and filing reply to objections and representing our clients at hearings. We assist clients in registration of TradeMarks and Service Marks. We have a great deal of experience working with the Trademark Examiners at the Controller General of Patents, Design and TradeMarks, India. Our law firm routinely advises large and small businesses, corporate, firms and individuals in a wide variety of industries on the maximization of their current trademark portfolios and selection of new marks for products and services including trade dress. In addition, our law firm conducts international trademark searches and co-ordinate worldwide trademark availability opinions for clients seeking to adopt new marks. Our trademark attorneys have a great deal of experience in representing clients in all types of trademark disputes including domain names. Our trade mark attorneys have expertise in drafting agreements for trade mark licensing, assignment and sale and purchase, technology transfer, valuation of intellectual property of the client etc .  Our law firm deals in litigation pertaining to trade mark infringement and passing off.

The team advises and assists clients on:

  • Protection and prosecution of IP rights (including patents, trademarks, design rights, copyrights, geographical indications, domain names, proprietary knowhow and business processes);
  • Registration and opposition of trademarks;
  • IP due-diligence and audits;
  • IP acquisition, transfer and related agreements;
  • Drafting and negotiating various IP agreements including license agreements, assignment deeds, IP development agreements, etc. Representing before various authorities, courts and forums on issues relating to registration and protection of IP rights;
  • Domain name registrations and maintenance

Copyrights

We are experts in copyright analysis and registration, and one thing that makes our group distinct is that we work with copyrights in action – in other words, we know how real-world transactions work. We counsel our clients in a wide range of matters, including copyright registration and enforcement, and copyright licenses and agreements. The firm deals extensively with the copyright laws in India. Our firm’s copyright practice covers all aspects of copyright law. We provide clients with assistance in registration, licensing, policing and enforcement of their copyrights. We are equipped to advise, negotiate, and draft all types of copyright licenses and agreements. We negotiate, draft and vet copyright purchase, sale and license agreements, software licensing agreements and other related documents. Our Advocates have a solid technology and engineering backgrounds to their legal practices, therefore, the firm’s copyright practice is particularly well-suited to solve technology related copyright issues arising in the context of trade secrets and computer software. Our law firm represents clients before copyright boards and the courts for copyright infringement and passing off proceedings.

  • Filing copyright applications.
  • Registration of Copyrights.
  • Assignment, licensing and transfer.
  • Infringement and validity advice.
  • Specific agreements.
  • Litigation: opposition, rectification, appeals, civil suits for infringement.
  • Anti-piracy measures.
  • Licensing and assignments.
  • Cancellation actions.

Patents

Our firm deals extensively with Patent laws in India. Our law firm provides assistance to domestic as well as foreign clients in conducting patent search, assisting in filing patent applications (new application/PCT application/divisional application) and provides full assistance for grant of patents in India. Our law firm also provides referral service to foreign clients for registration of patent in India. Our patent attorneys have great deal of expertise in drafting patent licensing, patent assignment and patent security agreements. We also specialize in providing opinion on pharmaceutical patents. We also provide legal advice and opinion relating to infringement of patents. Our law firm represents its client in infringement cases. We assist clients in filing and prosecuting patent applications including pre-grant and post grant oppositions, revocations, and represent clients before the Appellate Tribunal. Our law firm has filed patent applications for many of our international clients and has obtained patents for their inventions.

  • Registration of Patents.
  • Drafting of Specifications.
  • Filing of Annuities.
  • Preparing provisional and complete specification.
  • Filing of Indian and PCT applications.
  • Prosecution of Patent applications before the Indian Patent Office and WIPO.
  • Preparing specifications and applications for filing at patent offices throughout the world in co-operation with our foreign associates.
  • Patentability, validity and infringement opinion.
  • Litigation: Opposition and cancellation.
  • Prosecution and defence of patent rights.
  • Licensing and transfer of technology.
  • Comprehensive searches for novelty, prior art, validity and infringement.

Designs

The firm offers comprehensive services on ‘Designs’. The Designs Act 2000 defines designs to mean the features of shape, configuration, pattern, ornament, or composition of lines or colours applied to any article, whether in two or three dimensional, or in both forms, by any industrial process or means, whether manual or mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye; but does not include any mode or principle of construction.

Our law firm’s practice includes conducting due diligence, registration of designs, renewal, reinstatement, opposition petitions, negotiating, drafting, vetting design assignment & license agreements and related documents with respect to designs.

Our law firm represents clients in design infringement proceedings and passing off actions before the Tribunal, High Courts and the Supreme Court. We also deal in designs portfolio maintenance and management and designs rights enforcement and execution services.

  • Filing and prosecuting applications for registration of designs.
  • Infringement and validity opinion.
  • Litigation: opposition, rectification, appeals, civil suits for infringement.
  • Assignment and Licensing.
  • Registration of Designs

Intellectual Property (IP) Management

We also assist companies in IP management and conduct IP due diligence and  audits. The services provided by us in the field of IP Management are:

  • Conveyancing: drafting joint venture, collaboration, registered users, confidentiality and employees’ agreements.
  • Preventive management of IPR including timely renewal, journal watching services, keeping track of IPR infringement.
  • Valuation of Intellectual Property Rights assets.
  • Patent Audit.
  • Due Diligence.

IPR Investigations

Lex Excel is dedicated and equipped with a team of legal professionals to combat counterfeiting and infringement of Intellectual Property Rights of our clients. The investigation team is regularly engaged in market surveillance in addition to being watchful and to help us inform our clients about any violation of their Intellectual Property Rights. Our investigators come across various counterfeit products for brands that we use to help us devise anti-counterfeiting industry-wide solutions. We even assist companies in IP management and conduct IP due diligence and audits.

Intellectual Property Research

Our team includes seasoned experts who conducts and provides detailed Preliminary Search & Opinion on availability and adoption of an Intellectual Property and possible conflicts. Our team further provides opinion and options to avoid conflicts and increase the chances of registrations for our Clients.

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