Intellectual Property

Intellectual Property

Our Intellectual Property (IP) practice is an integral part of our corporate and commercial advisory services.

We offer comprehensive assistance in protecting and enforcing IP rights and recognizing their intangible and tangible value. We play a critical role in safeguarding innovation and maintaining a competitive advantage for our clients.

We recognize that each client's needs are unique. Our IP team works closely with clients to understand their specific objectives, tailoring our services to provide effective and efficient solutions. This client-centric approach ensures that we deliver value and foster long-term relationships built on trust and success.

An indicative list of the services offered by us is as follows:

  • IP Search and Analysis: Conducting IP searches and strategically analysing conflicting IP. We render our advice based on both the legal principles as well as our proven experience in handling prosecution. We enable our clients to make the most optimal decisions that is not limited to merely reporting the results.
  • IP Prosecution: Representing our clients before all IP statutory authorities in respect of registration and opposition proceedings. We possess vast experience in the prosecution and maintenance of IP, as well as post-registration requirements. We effectively handle all IP prosecution-related matters across all Indian jurisdictions.
  • IP Enforcement: Drafting and serving effective legal notices, chasing the misusers, obtaining undertakings to bring effective closure are all part of larger strategy we specialise in, and we bring a cost effective and assertive way of tracking misuse and violations.
  • IP Advisory: Providing strategic guidance, advice and assistance on IP portfolio management, including registration, protection, and commercialization of patents, trademarks, copyrights, and designs.​
  • IP Litigation: Representing clients in IP disputes across various forums, including the Hon’ble Supreme Court of India, and High Courts.​
  • IP Audits and Due Diligences: Conducting IP audits and due diligences. We inter alia review documents of ownership, suggest structures and procedures to be adopted to minimise loss of intellectual assets, and equip clients to take decisions on leveraging its IP.
  • IP Transactions: Advising and assisting in drafting, reviewing, negotiating and executing commercial IP agreements including licensing, transfer and assignment of intellectual property, addressing issues relating to the manner, extent of use and licensing of IP, derivative works, consequences of termination, protection of IP, governing laws, and disputes resolution.
  • Overseas IP Protection: The IP team also works with international lawyers to deliver seamless solutions with respect to global IP protection and registration, global/jurisdictional issues and risks in relation to IP, while being a single point of contact for the client.
  • Recently, the firm advised and assisted an Indian luxury brand with a global presence in Europe, USA, Australia, and Japan, in the launch of its first store in Mumbai (Bandra). This was succeeded by a grand launch of the brand’s website and it being the Official Partner of the India House at the Paris 2024 Olympics. At ThinkLaw, we provided end-to-end legal counsel to the client throughout the brand’s journey - right from trademark registration in India and assistance in registration of the brand in other jurisdictions, external communications, as well as its website.
  • The firm also recently provided end-to-end legal counsel to its, a public listed pharmaceutical company, in its strategic acquisition of the Indian and Bhutan business of another pharmaceutical company. This business transfer, which notably included the transfer of trademarks, was facilitated by our team through the drafting of key transaction documents such as the Business Transfer Agreement and the Trademark Assignment Deed along with assistance with the necessary filings for the trademark transfer forms. This strategic transfer marked a pivotal moment for our client, thereby opening doors of dermatology and childcare market segments.

Work Highlights

ThinkLaw advises JM Financial on BigHaat Agro investment

ThinkLaw is pleased to have advised and assisted JM Financial Ltd (“Client”) on further investment by its affiliate entities in BigHaat Agro Private Limited (“BigHaat”) with participation from Bidra Innovation Ventures and certain existing shareholders of BigHaat.

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In a Nutshell

January 16th to January 31st
January 16th to January 31st

This edition covers insights on the Enforcement Directorate's (ED) authority to arrest under the Prevention of Money Laundering Act, even with later FIRs to the Enforcement Case Information Report; Securities Appellate Tribunal rulings in favor of Bombay Dyeing; SEBI raising threshold for High Value Debt Listed Entities; and the RBI consolidating export and import regulations for streamlining cross-border trade compliance.

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The Right Turn

SEBI’s clarification on treatment of founder ESOPs in case of IPO-bound startups
SEBI’s clarification on treatment of founder ESOPs in case of IPO-bound startups

Founders of startups are often granted ESOPs. But where such founders were classified as promoters in the run-up to an IPO, the question rises whether these pre-existing share-based benefits could continue post-listing.

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