Elgin Matt John and Associates

✉ info@elginmattjohnandassociates.com |  ✆ +91 9818732715

Intellectual Property

INTELLECTUAL PROPERTY LAW ADVISORY

INTELLECTUAL PROPERTY LAW ADVISORY

Our intellectual property associates are experienced in obtaining both domestic and international Patents, trademark and copyright protection for our business, entertainment and high net-worth clients. We also offer representation in brand management, intellectual property licensing, and trade secret and unfair competition matters. Our intellectual property law experience also extends to internet technology, software development and medical programs. E.M.J. & Associates Intellectual Property division can assist you with all your intellectual property protection needs whether it is the formulation of a new or unique idea or business dissolution of infringement case. E.M.J. & Associates provides businesses with a single resource to address the wide variety of business and legal concerns present at every stage of business operation. We help clients create, grow, acquire, manage and protect their assets. We have extensive experience representing national and international franchisors and other licensors of intellectual property, as well as manufacturers, distributors and other businesses involved in the distribution of products and services, to handle their regulatory, transactional and litigation matters. Our lawyers assist our clients in matters related to private label and co-branding arrangements, and distributor, sales representative and commercial agency relationships. We can also assist franchisors in every step of the franchise process, including development of a franchise program, drafting of franchise-related documents, day-to-day business counselling and enforcement of franchise-related agreements through litigation or arbitration. Lawyers at E.M.J. & Associates recognize that each aspect of the commercializing and distribution processes directly impacts our clients’ business success, and we strive to provide prompt, clear and comprehensive guidance to our clients, helping them best achieve their desired results.

PATENTS

Our lawyers have extensive experience working with clients to identify the appropriate mechanism to protect their inventions and sensitive commercial information. The Intellectual Property team helps its clients obtain patent protection when desirable and available. Our lawyers are experienced in evaluating, negotiating and preparing those documents that are crucial when securing sensitive, commercially valuable information, including Employee/Independent Contractor Invention Assignments, Non-Compete Agreements, Non-Solicitation Agreements, Non-Disclosure Agreements, Trade Secrets and Confidential Information Agreements, as well as policies and procedures.

We evaluate the eligibility of proprietary information for trade secret protection, advise clients on how best to establish and maintain trade secrets by the inclusion of appropriate trade secret clauses in agreements being used and litigate trade secret disputes.

The strength of any intellectual property right is, in part, measured by its enforcement. We are experienced in identifying instances of infringement, as well as unfair business practices and competition by others. We counsel our clients on dispute avoidance, fair use and the identification of materials in the public domain. Our lawyers have the skills and experience necessary to effectively represent your interests, whether they are preparing “cease and desist” letters, preserving sensitive business information (when faced with a court or administrative subpoena), or prosecuting/defending of claims of intellectual property infringement.

Litigation may be both an offensive and defensive component of any effective intellectual property enforcement strategy. Much of the firm’s practice involves litigation before courts, and administrative agencies. Our lawyers have successfully represented clients on matters involving such areas as infringement of trademarks, trade dress, copyrights, patents, breach of license agreements, non-disclosure and non-compete agreements, and trade secret laws, as well as statutory and common law recognizing rights of publicity and rights of privacy. We are skilled in obtaining and defending injunctive relief in intellectual property cases and other commercial disputes.

We also provide the following services associated with patents:

  • Prior Art Search
  • Advisory on how to make patent applications more acceptable
  • Drafting patent specification
  • Filing and prosecuting patent applications
  • Assisting in filing of PCT Application and prosecution

TRADEMARK SERVICES
  • Online Trademark Searches
  • Trademark Filing
  • Prosecuting Trademark Applications
  • Trademark Registration
  • Trademark Renewal
  • Trademark, Infringement Analysis/ Opinion
  • Status of Trademark Registration/ Scope of Trademark protection
  • Trademark Portfolio Management
  • Trademark Watch & Litigation
  • Trademark Opposition
  • Trademark Rectification
  • Trademark Removal
  • Action of Infringement & Passing Off
  • Assignment of Trademarks
  • Trademark Licensing and Transmission
  • Drafting Deed Form
  • Consequent Registration of Assignment
  • coexistence and concurrent use agreements
  • intercompany licensing arrangements
  • the development of intellectual property holding companies
  • domestic and multi-national mergers, acquisitions and divestiture
  • joint ventures
  • franchise agreement
COPYRIGHT SERVICES
  • Copyright advice and assistance
  • Copyright Registration
  • Application
  • Filing
  • Registration
  • Copyright enforcement services
  • Copyright infringement services
  • Copyright litigation
  • Infringement
  • Copyright searches and opinions
  • Licensing copyright contracts
  • Investigate the status of registrations and the scope of protection
  • Investigate copyright infringements
  • Drafting licence and assignment deeds employment and consulting contracts
  • Confidentialityagreements
CONTRACTS AND AGREMENT IN INTELLECTUAL PROPERTY

We structure, negotiate and draft contracts and agreements affecting intellectual property, including: patent and trademark assignments, sales, licenses and other transfers; copyright assignments, sales and licenses, including software development and licensing; manufacturing and distribution agreements; non-disclosure agreements; consulting agreements; employment agreements; know-how and trade secret licenses, sales and other transfers; web and server hosting and co-location agreements; end-user license agreements; and internet commerce agreements.

LAW GOVERNING THE INTERNET AND E-COMMERCE

In earlier times, e-commerce meant to carryout commercial transactions using Information Technology such as the EDI(Electronic Data Interchange) and EFT(Electronic Fund Transfer)whereby commercial documents such as invoices were transmitted electronically. This definition has expanded from thereon to include newer form of technology and e-commerce. The use of the word ‘e’ in e-commerce now includes all technological means of transacting online business involving ATM , Mobile, computes, credit cards, online payment system, VOIP, video conferencing and other IT  enabled service Systems. It may also include the use of ERP (Employee Resource Planning) data mining and data warehousing. If conducted for illegal purposes such activities could involve data theft, Unauthorised Frequency Identification Tracking(RFID) , Hacking, corporate espionage, identity Theft.

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