This guide is written by Anubhav Pandey, Team LawSikho.
There’s a massive need for an army of talented lawyers who can make contracts, register intellectual property, enforce arrangements and IP rights, resolve disputes, and handle investment arrangements, JV contracts, licensing of different IP rights, protect legal interests of social companies, ensure compliance to myriad legislation and keep the industry in shape.
Let’s trace the trajectory of a Intellectual Property out of its birth. An IP is made. The legitimate owner of this IP takes the initial step and employs for the rights of his Intellectual Property. This needs a good deal of drafting work. Now obtaining the protection that is final is complex and time. The filing providers are require business experience and lengthy, awkward.
Firms holding experience in submitting providers are there to assist whoever owns this IP. Comes the IP related disputes and litigation. IP related disputes (for instance, innovation not being publication or published) delays the procedure for conferring rights to the real proprietor of an IP.
Therefore, when we monitor this trajectory, we find a good deal of places to cash and build up your practice . The IP practices can be classified into 3 places.
#1 Drafting of IP Related Agreements
Intellectual Property Assignment Agreement
Industrial exploitation of Intellectual Property demands a terrific deal of discussion and drafting abilities. Why Edison, commercially speaking, is regarded as a much better creator than Tesla? Since Edison exploited his inventions which makes it available to the masses. On the contrary, Tesla maintained his inventions secret.
As an owner of an IP, the proprietor’s aim is to commercially benefit out of this IP. To bridge the gap between the owner of an IP and the current market, IP related arrangements are important and consequently legal professionals that can draft are in high demand.
By an IP Assignment Agreement, the owner transfers his right to sell or develop the intellectual property to another person or legal entity.
Intellectual Property Assignment Agreements are specialized. But when you acquire the ability set for drafting a agreement, you are able to bill a handsome fee for the services.
Imagine spending INR 28,000 for learning the skill set needed for drafting IP Assignment Agreement and once the skill is obtained, charging INR 30,000 for one Assignment Agreement! Sounds fascinating, doesn’Can it be?
Does the Return on Investment sound profitable? Wait for longer. This is simply the tip of this ice-berg. These would be the Assignments agreement LawSikho teaches in its Diploma in Intellectual Property, Media and Entertainment Laws.
Assignment of Patents
Assignment of Trademarks
Assignment of Designs
Assignment of Copyrights
Assignment of Confidential know-how
Assignment of Geographical Indications
What will be the contractual Means to protect your IP?
Non-Disclosure-Agreement (NDA)
Non-Solicitation Agreement
Non-Compete Agreement
A attorney, on average, charges a minimal INR 10-15,000 to get a standard NDA. Imagine if you find out of the skill set necessary for shielding a IP?
How much can you make for shielding a single IP? About multiplying a single IP with, at the minimum 15 IPs a month.
I leave you the calculations.
Technology Licensing or Technology Transfer Agreements
I will break a fantasy. The majority of us believe, a Google search on pre-designed templates to specialized arrangements may land us into our result that is essential.
Stop there!
As a matter of truth, Senior Associates, that are responsible for training fresher’s blasts out to these for utilizing free templates/PDFs.
Let me give you an exercise.
Consider looking for a pre-designed template on Consumer Complaint. Once you are certain about the template, then try comparing it with a real plaint supplied by any nearby member of this bar. Reach me out if you do not know any local attorney and need a real replica of customer complaint.
Alright.
Coming back into Technology Transfer Agreements. Technology transfer is a manner of transfer of technological knowledge from 1 firm to another or within the identical company. Technology transfer could be in the form of concrete knowledge — wisdom embodied in bodily products, services and codified in blueprints, layouts, technical documents, etc or abstract knowledge or know-how — like abilities, tactics which the people have gathered or heard within a time period in a specific sector or field for operating the technology.
Intellectual property (IP) involved with a technology transfer contract comprises patents, trademark, design, know-how. Creating and creating technologies or IPs entails investment, but most of those IPs can be done easily.
You can easily charge INR 30,000 (minimal ) to get a Technology Transfer Agreement. The upper limit may even be a guess with five zeros.
Is obtaining the skill set that is perfect. Law School and even Internships for that matter make you empty handed by an unloaded weapon. No training about the best way to aim, no bullets. As a matter of fact, correct skill sets is what you need the most.
Once you’re outfitted with the correct skill set, the sky’s the limit!
Which skill sets to drafting can you learn?
An individual needs to search for exposure to tactical and drafting work in relationship with Intellectual Property, Media and Entertainment industry-related work – patents, copyright, trademark, design rights, plant variety rights, geographical indications etc.. To begin with, you need to know to:
Publish a patent software Draft and document a passing-off suit
Vetting of advertising and marketing content Preparing documentation that helps to protect trade secrets
Responding effectively to patent trolls and other malicious attempts to extract money via unfair IP prosecution
Draft different networking and entertainment contracts that manage IP
Drafting successful IP protection and mission agreements in consultancy and employment agreements.
You may read on 10 kinds of contracts supplied by Intellectual Property Lawyers.
#2 Intellectual Property Filing Services
Innovators and businesses need techniques to protect their inventions, their manufacturers, and their layouts in numerous countries. Firms providing IP filing companies offer you a variety of solutions for protecting IP.
Firms especially dealing with filing services operates.
Measure 1 – Creation
Intellectual Property appears out of an idea. Idea gives birth. When you have an idea, companies thinking about IP advisory (Mostly all IP Filing Services firm have a staff IP advisory) will help you convert your idea to an Intellectual Property. These companies have business knowledge and could become your advisor on your inventions/ideas/brands etc..
They provide services such as:
Novelty Searches
For a Patent enrollment, one of the vital elements is novelty. Is your innovation publication?
Not according to you personally as per criteria.
How are you going to find out the answer?
The companies will get your innovation checked by specialists before submitting. This conserves prosecution time and price.
The companies through their Novelty Search Services helps inventors by giving a comprehensive novelty assessment of the innovation in technical domains. This is done through exploring on most relevant patents.
Technology Strength Determination
Imagine investing plenty of resources into an idea. In the center, you experience a technical loophole (Prior Publication, Invention decreasing under Section 3 of Patents Act etc). Resources, of your investment will go to waste.
Therefore, before investing in an idea, the companies through their Technology Strength Determination Services, make your subject technology. This is not only going to inform you concerning the existing prior art but will also analyze how valuable is the subject technology when compared with present alternative technologies fulfilling the identical objective which might be quite crucial at the right time of monetizing the patent that is obtained.
Services falling under the domain name of Step 1, i.e, creation are:
Patent Drafting & Illustrations
Patent Proofreading
Patent Application Filing
Trademark Clearance Search
Trademark Application Filing
Design application submitting Trade Mark Registration
Trade Mark Renewal Services
Step 2 – Curation
After the first step (Creation) is done as well as the filing is complete, comes the second step, obtaining the final protection, i.e curation. This is the step where you get a right on your Intellectual Property therefore established.
These solutions include:
File Track Analysis
A resource person known as the document wrapper keeps all of the records and communications occurring between the applicant and the patent office. The listing of those files proves to be a potent tool during litigation process and formula of mission strategies (as it is deemed compared to an innovation will surely bring litigation).
Office Action Response
An inventor is strained as soon as he receives a professional action issued by a patent examiner. Preparing a response to the office action could be one of the tasks that are most vital.
This requires handling the issue round law as well as the subject with utmost care and comprehension of the technicalities. A response may lead to the issuance of office activities.
Hence, the response to Office Action demands a high level of specialized knowledge and interpretation . Seasoned team members of those submitting services firm are effective at drafting discussions in response to office activities.
Services falling under the domain of Step 2, i.e are
Docket Management
IDS (Information Disclosure Statement) Management
Renewal Management
IP Identification
Step 3 – Commercialisation
It is time to reap the benefits of your work As soon as you have the protection. The actions involved with commercialisation is mostly concerning the drafting of agreements and negotiating prices. This aspect was already discussed by us from the first segment of the article.
Services falling under the domain of Step 3, i.e, commercialisation are
Infringement Analysis
Evidence of Use Charts (EoU or Claim Chart)
Patent Invalidity Searches
Patent Portfolio Categorization
Freedom to Operate Searches
Potential Buyer Identification
IP Valuation
Competitor Analysis
Copyright Services
Unlike patents and trademarks, registration of copyright is optional. Under Indian law (and also in most other legal systems), copyright comes into existence the moment a job is made. From an enforcement perspective, enrollment is often preferred.
Why are Copyright Registration solutions sought after?
In the absence of enrollment, a party could claim that a work a company is using was made by the next party. There’s also an opportunity that enforcement authorities or courts may not consider reliable records kept by the founder. Further, it is important for a company to maintain a position to avoid unnecessary litigation (or even to be able to discount it as baseless), also if a third party’s claim is unfruitful, particularly where intellectual property is an essential part of the valuation of the business enterprise.
Read more about copyright enrollment here.
Copyright Services Include
Filing of Copyright Applications with the Copyright Office for enrollment of work.
Responding to Copyright Objection(s) in respect of applications and all communications from the Copyright Office.
Enabling Copyright Registration of Sound Recordings and musical compositions.
Registration and compliances in regard of Computer Software Copyright.
Registration of Logo Copyrights for goods and services.
#3 IP Litigation
Litigation over disputes pertaining to Intellectual Property comes with an intriguing history. In between 2000 – 2012, a specialist doing filing providers of IPs made money. By 2014, this trend watched a dropdown. Forums, supplying IP filing solutions at reduced cost point started dominating the business and submitting services became saturated within no time.
While registration has become not so rewarding for most IP lawyers, licensing, duties, objections, oppositions, litigation has increased in quantity turning IP law as a profession that was lucrative.
If you are interested in best IP Law Firms to work with, here we’ve got a listing of Best IP law companies to work for in India for lawyers under 35.
Litigation around Intellectual Property is mostly concentrated in the cities of Delhi, Chennai, Kolkata, Mumbai, Hyderabad and also Bengaluru.
Disputes on trademark take the lead in terms of overall volume of litigation. This is followed by Copyright and Patent Litigation. Disputes concerning abuse of Trade Secrets, Know-How and Confidential Information are frequently litigated.
Frequently, brakes of criminal litigation are set into motion in counterfeiting cases. It is discovered that criminal cases with all IP follicles are filed for forcing a settlement with respect to the rights of whoever owns this Intellectual Property.
What kind of instances an IP attorney gets, and what type of job does an IP attorney do?
A lawyer holding experience over IP matters can provide some set of customers across company and industries with a strategy for litigation. Primarily, a lawyer doing IP matters represents clients in all manner of litigation in the court of first as well as second case, IPAB and even the Supreme Court of India.
Lawyer not just practices conventional IP subject matter such as trademarks, patents, designs, copyrights, trade secrets and confidential data, but also practices expanded claims of unfair competition under common law, competition lawenforcement, arbitration, law of torts, constitutional challenges, entertainment & media law, IT & e-commerce, plant varieties, geographical indications, etc..
To summarise, an IP Lawyer demands ability set on:
The way to guard your client or organization from IP litigation
Holding experience in most categories of IP Litigation
Trademark resistance and litigation
How to perform a trademark opinion to determine breach Opposition to trademark claims
Enforcement of trademark
Passing off suits
Trademark infringement lawsuit When to elect for criminal prosecution
Groundless threat proceedings
Remedies for cross-border breach of trademarks
Exceptions to infringement, trademark of personal names, concurrent and honest usage, prior user .
Patent litigation
Office actions response submitting Pre-grant and post-grant resistance Remedies
Defences
See our YouTube meeting on A Career In Intellectual Property Litigation talking kinds of cases a IP attorney gets, and what type of job does an IP attorney do.
The way to acquire the ability sets for building up an exceptional practice around IP legislation?
Sum up all the 3 categories of services provided by IP law companies we discussed and you’ll get over 50 these regions of IP practice which could bring lots of work together with remunerative rewards.
The question is how to obtain the abilities that are pre-requisite?
Answer to this issue is based in layers.
If you are a law student, you might think internships teach you those skills and will deliver experience that is enough. The solution is no.
Short Internships of even 2 months or 1 month leaves a good deal of gaps and pitfalls. If they know you are going to vanish in a month or 2, no associate will be ready to set their time and resources on you. They will prefer spending some time with their family or in their own instances.
To get a PPO, you want to work like do the job like a partner.
If you are seeking an answer about the best way to acquire these abilities, then you can reach out into our specialists from the RnD group to get a free career counselling session by simply registering here.
What’s more?
If you are a:
Lawyer trying to build a practice in trademark law, copyright law or patent disputes
Law student seeking to work at IP law firms or IP or TMT teams in big law firms
Entrepreneur or some director who would like to master legal aspects of intellectual property, entertainment and media company Mid sized IP law business (appointing between 50-200 lawyers) which engages in registration of IP, managing IP portfolioslaw enforcement of IP rights, disputes and litigation over IP, licensing and assignment of IP rights and these other job.
And looking for practical training on various kinds of work that’s needed to be performed by lawyers and other specialists, we’ve got a class on Diploma in Intellectual Property, Media and Entertainment Laws.
After the course, we guarantee you will develop abilities that are practical as much as a lawyer working at a major law firm in these teams will have after a year or two of expertise.
Registration closes January 31.
For any questions, our group of specialists is always here to assist you. You need to comment below!
Other course such as this one where the enrolment closes shortly are:
DIPLOMA
Diploma in M&A, Institutional Finance and Investment Laws (PE and VC transactions)
Diploma in Intellectual Property, Media and Entertainment Laws
EXECUTIVE CERTIFICATE COURSES
Certificate Course in Advanced Criminal Litigation & Trial Advocacy
Certificate Course at Real Estate Laws
Certificate Course at Insolvency and Bankruptcy Code
Certificate Course in Media and Entertainment Law: Contracts, Licensing and Regulations
Certificate Course in Legal Practice Development and Management
Students of Lawsikho classes regularly produce writing duties and work on practical exercises as a part of their coursework and develop themselves in real-life practical skill.
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