Patents & Industrial Designs.
Our firm is well prepared to furnish the called for services to obtain,
maintain, and protect patent rights in light of client’s definite
business objectives in an ever more competitive market. We are prepared
to work and coordinate with a large number of firms around the world. Our patent services include:
Undertaking appropriate searches of the prior art to ascertain
if a patent may be existing to address the question of novelty.
Filing and prosecuting patent applications as well as utility models,
designs and business method applications. Again, our firm provides
services in connection with enforcing design rights and defending
infringement actions.
Undertaking post-registration actions such as payment of the required
fees.
Negotiating and drafting patent licensing agreements as well as
transfer agreements.
Preparing legal opinions on the validity of a client’s patent
after conducting the appropriate search of the prior art to ascertain
if the patent lacks novelty.
Preparing legal opinions to ascertain whether a client’s product
infringes a competitor’s patent.
Trademarks:
Our firm is well placed to furnish strategic counseling as regards all aspects
of trade mark law. We work closely with clients in selecting and securing
new marks and protecting existing marks. We are prepared to work and coordinate
with a large number of firms around the world. No action would be taken
before ensuring compliance with domestic practice and laws.
Our Trademarks services include: (1) Groundwork Study:
Our firm normally prepares a groundwork study. The main rationale behind
a groundwork study is to enable the applicant to assess the probabilities
of registration. A number of trademark applications may fail on legal grounds
such as being identical or confusingly similar to existing duly registered
trademarks. Again, a suggested trademark may be excessively descriptive
or generic. Once more, identifying the type of class is of prime importance.
Without a prior assessment the applicant may experience unnecessary cost
associated with a wrong application. Our study shall contain the following:
(2) Class identification:
To ensure the best protection available, the first act to be done is to
identify the class or classes into which the registration should be made.
A class would be identified on the basis of the products and services that
will be connected with the trademark.
(3) Trade mark search:
On account of class identification, our firm will perform an exhaustive
search of existing registered trademarks. Our firm would exert the utmost
effort required to identify (if any) the marks that have graphic or phonetic
similarities. Needless to say, it is of vital importance to ensure that
the trade mark you intend to register does not conflict with prior or pending
registered rights. Our firm can undertake an appropriate search on your
behalf, and furnish to this end, a comprehensive report of potentially conflicting
trade marks (if any), as may be disclosed in that search together with an
evaluation of any risks of infringing existing registration, in addition
to a well considered opinion as to the possibility of your being able to
obtain registration of your suggested trade mark. A trademark search should
be completed for determining whether your proposed trademark is eligible
for use and can be registered. A search should be conducted of records maintained
by the Registrar of Trade Marks. In the event an objection is encountered
during the process of prosecution of your trade mark our firm is in a position
to deal with any objection on your behalf by the most appropriate available
means.
(4) Assessment:
On the basis of the trademark search our firm would submit an assessment
of trademark registration acceptance. Our firm would also provide a general
advice as regards the trademark registration process. However, our firm
is well equipped to submit a formal legal opinion as regards any particular
point of law subject to matters undisclosed and based on the law at the
date on which the opinion is given.
(5) Registration opposition and disputes:
In respect of opposition and disputes our firm is well prepared to assist
our clients to resolve disputes before the Trade mark Registrar, and when
appropriate in any litigation before the competent Court. Our firm is highly
capable to undertake the requisite legal defenses against any opposition
that may be raised during the process of registration which may include
statutory objections that may be raised by the Trademark Registrar as to
the mark’s eligibility for registration, third party opposition that
may be raised after publication of the mark in the Official Gazette and
opposition to a third party registration request that may be made for a
trademark registration similar to that of the applicant.
(6) Watch programs:
Our firm undertakes watch programs to keep our clients fully informed of
the states of their trademarks portfolios and of the actions of their competitors
when appropriate. Our firm can undertake customs liaison by tracking our
client’s intellectual property rights and work with officials to ensure
that they watch and arrest shipments of infringing goods and products crossing
national borders. Customs as positioned at airports, land borders and ports
are uniquely situated to assist in defeating infringements of intellectual
property rights. Customs can be an efficient means of intercepting consignments
of infringing goods en route to their ultimate destination. We are prepared
to participate in a coordinated action in the process of anti-counterfeiting
and anti piracy action.
Copyright.
Our attorneys keep an eye on copyright developments worldwide and render
legal services in connection with business transactions and disputes involving
copyrightability matters. Copyright is an original expression of an idea,
provided that is it is recorded upon a tangible medium. Such an expression
may extend beyond literary and artistic works and encompass mundane commercial
works such as instruction brochures, sale brochures and similar matters
as long as it is recorded upon a tangible medium. The requirement of originality
is a condition for copyright protection in most countries. Lack of a minimum
level or a nominal amount of creativity would defeat the right to copyright.
Copyright is secured automatically upon its creation, registration is a
fairly simple matter which can be accomplished by submitting an application
and two copies or more of the work required to be registered to the Register
of Copyright. By registering copyright, you provide notice to the world
to the effect of being able to claim damages if an infringement happened
to occur. Registering copyright is a condition precedent to bringing an
action of infringement. Copyright registration allows the owner the right
to reproduce copies, produce derivative work, the right to distribute copies,
the right to public performance and the right of pubic display.
The rights comprised in copyright are literary and artistic works, dramatic,
dramatico-musical works, cinematographic works, rental rights, performs'
rights, rights of producers of phonograms, rights of broadcasting organizations.
However, on the premise of "fair practice" justified by purpose,
quotations from works are permitted for purposes such as news reporting,
comment, criticism, scholarly endeavors such as research and teaching. Such
use or production is permitted, provided however, that it does not conflict
with normal exploitation of work and does not unreasonably prejudice the
legitimate interests of the right holder. Computer programs whether in source
or in object code would be protected as literary work.
Our copyright services include the following:
Preparing copyright applications for registration with the Register
of Copyrights.
Advising clients on copyright infringement litigation.
Preparing cease and desist letters to infringers.
Negotiating settlement agreements for copyright infringement.
Drafting publishing and writers’ agreements.
Preparing copyright assignment agreements.
Preparing copyright licensing agreements.
Trade Secrets
Trade secrets are considered among the invaluable business assets, as they
derive an independent actual or potential economic value, from not being
known to others, to the effect that disclosure of a trade secret may enable
others to obtain economic value from it. Trade secrets embrace a plethora
of confidential information matters such as chemical formulas, chemical
compositions, and mechanical structures, manufacturing processes and customers'
lists and other similar matters. Given the increasing utilization of joint
ventures, the most appropriate means to secure and maintain trade secrets
and confidential information is by structuring the requisite contractual
arrangements. Again, policies and procedures may be developed to address
and guard against divulging trade secrets and confidential information.
Our trade secrets services are as follows:
Preparing appropriate confidentiality agreements envisaged to protect
proprietary improvement of inventions. Confidential information stands
as invaluable assets for many businesses ranging from transnational
fortune 500 companies to start-ups and high net worth individuals
having assets in venture capital or technology. A broad spectrum of
information requires to be protected including salient business matters
such as customer’s lists, price lists, and the method of doing
business.
Preparing non-competition agreements.
Preparing non-solicitation agreements.
Preparing employee and third party confidentiality agreements.
Advising clients on trade secret infringement litigation.
Assisting in evaluating your company’s requirements with a
view to developing policies and procedures customized to address the
client’s specific needs.
