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Intellectual Property Dispute in India

Q: Are IP rights territorial in nature?

Yes, IP rights are territorial. A trademark or patent registered in India is protected only within India. To get protection in other countries, you must apply there separately.

Q: Who is responsible for the administration of IPRs in India?

The Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM) is the main government body that manages IP rights in India.

Q: What can I do in the event of an IP infringement?

You should first speak to an IP lawyer. They will likely send a cease and desist notice. If the other party doesn't stop, the next step is to file a lawsuit to get a court order and claim financial damages.

Q: What are the examples of intellectual property disputes?

Some common intellectual property dispute cases are a new company using a logo that looks very similar to a famous brand's logo, or a website illegally streaming movies that are protected by copyright.

Q: Does India allow arbitrability of intellectual property disputes?

Yes, for the most part. The arbitrability of intellectual property disputes is allowed for issues between parties, like contract violations. But issues that affect the public, like whether a patent should have been granted at all, must still be decided by a court.

Q: How do you file intellectual property?

You apply to the correct government office. For trademarks and patents, you apply to the CGPDTM. For copyrights, you can apply to the Copyright Office. The process includes filling out forms, paying fees, and an examination by the office.

Q: Can I sell intellectual property?

Yes, you can sell IP through an "assignment agreement," which transfers your ownership to someone else. You can also "license" it, which lets others use your IP for a fee while you keep ownership.

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Frequently Asked Questions (FAQs)

Which is the most common intellectual property dispute?

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In India, disputes related to trademark and copyright infringement are the most frequent. This is because of the large number of brands and the widespread creation of digital content.

Are IP rights territorial in nature?

Who is responsible for the administration of IPRs in India?

What can I do in the event of an IP infringement?

What are the examples of intellectual property disputes?

Does India allow arbitrability of intellectual property disputes?

How do you file intellectual property?

Can I sell intellectual property?

Why Choose RegisterKaro to Resolve Intellectual Property Disputes?

Whether you face infringement issues or need help resolving disputes, RegisterKaro provides expert legal support to protect your intellectual property rights effectively through:

Experienced Legal Team: Our experienced legal team specializes in Indian trademark, copyright, patent, and design law.
Complete Dispute Assistance: From legal notices to court or arbitration representation, we manage the entire process.
Affordable and Transparent: Clear fees with no hidden costs, offering practical advice suited to your needs.
Quick Resolution Options: We help you explore faster solutions like mediation and arbitration to save time and expenses.
Pan-India Support: Services for startups, MSMEs, and large businesses throughout the country.

Why Choose RegisterKaro to Resolve Intellectual Property Disputes?

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