Legal Services

Legal Services

Employment and Labor Laws.

We assist clients on issues pertaining to labor/employment issues in matters relating to termination/severance of jobs, layoffs, gratuity, provident funds, and employee’s state insurance etc.

We advise and assist clients on day-to-day queries regarding compliance, operations, obtainment of requisite permissions and approvals from various statutory authorities and filings and maintenance of records.

Scope of Services

1• Advisory on labour issues, employment contracts, structure of HR issues, and no liability of the key management towards labour laws.

2• Drafting of offer letter, appointment letter, termination letter & employment contracts and other employment agreements.

3• Assistance in various labour law compliances and maintenance of statutory registers.

4• Drafting and vetting of companies’ human resource policy.

5• Handling litigation in cases related to workplace discrimination.

6• Handling cases pertaining to workman, gratuity, maternity, minimum wages and so on sector specific labour law advisory on applicability, compliances, registrations and licenses.

7• Registration under PF & ESI.

8• Registration under Shops & Establishment Act, 1953.

9• Registration of Principal Employer under Contract Labour (Regulation & Abolition) Act, 1970.

10• Obtaining trade licenses from local bodies.

Intellectual Property Rights

1
Trademarks

Commonly, Trademarks is referred for a logo or a brand. A trademark can be registered for a business name, the tagline of the product or services or catchphrases. It is essential to obtain a trademark (TM) or a service mark (SM) for a product and services respectively, so as to identify a business amongst other competitors in the market and utilize the distinctive mark to gain commercial gain.

We understand the relevance of obtaining a TM and provide the following services:

1• Providing legal support on matters related to licensing, assignment and transmission of TM.

2• Conducting a search for marks or logos in public domain sites including Office of Registrar of Trademarks, Ministry of Commerce and Industry, Department of Industrial Policy and Promotion and under International Nonproprietary Names (INNs) Programme thereby helping clients with the registration of their TM.

3• Filing for TM registration and matters thereafter including attending hearings, responding to the office queries on the marks, preparing records, assignments and so on.

4• Representing clients in proceedings on the matter related to rectification, opposition, and cancellation by the authorities. Also, attend proceedings before the Registrar and Intellectual Property Appellate Board as and when necessary.

5• Attaining IP licenses for clients and drafting several agreements including assignments, distributorship, co-branding, franchising, merger, and acquisition. We also assist and advise clients on the valuation of trademarks.

2
Copyrights

Copyright is an exclusive right enjoyed by artists, writers, cinematographers, producers etc for their original work. It protects the method of expression of the innovative idea put in various forms.

We recognize the significance of such original work and provide for the following services:

1• Assisting clients in obtaining copyright registration of their work which includes books, music, software, publications, paintings, and several other artistic, literary, dramatic, sound recording and musical works. Also, advise them on the valuation of copyrights for assignment, licensing, transmission, non -commercial use, rights of author and performer and so on.

2• Handling issues related to the infringement, phishing, hacking and piracy, counterfeiting and taking suitable actions.

3
Patents

Patents guarantee an exclusive right to the holder for a novice and useful invention that has industrial relevance. The owner of such patent not only enjoys a monopoly right use but also prevent others from producing, executing or selling such inventions.

We provide the following services:

1• A Conducting prior art search, novelty and patentability search, freedom to operate, a patent landscape which includes technology strength and white space, invalidation searches, patent validity and infringement searches etc.

2• Advising clients on marketing and gaining profits from registered patents and technology transfer agreements. Also, drafting of licensing agreements, assignments, joint venture agreements, research and development agreements etc.

3• Drafting of patent claims, specifications, drawings and prosecuting applications.

4
Intellectual Property Enforcement and Litigation

With globalization, IP is turning out to become a more complex and risky affair. Thus, it is crucial to provide protection to the exclusive right owned by authors as well as enforce them. We understand how critical it is to protect the assets of clients and offer both litigation and dispute resolution including mediation, negotiations, arbitration’s etc.

We also provide the following services:

1• Assisting clients by protecting as well as enforcing their IP rights by sending cease and desist notices and conducting negotiations with the other party .

2• Devising effective enforcement strategies for the entire IP portfolio and assisting clients with customised agreements to protect trade secrets and confidential details essential for the business to prosper.

3• Assisting clients on filing law suits against the use or registration of already used or registered plant variety and proving civil and criminal remedies.

5
Intellectual Property Transactions

With the advancement of technology and escalation in innovations, there has been an increase in competition and we understand the existent genuine issues related to brand-related aspects of franchisees, collaborations, licensing, end-user agreements thereby providing expert opinion for the growth of the client’s business.

We also provide the following services:

1• Holding discussions and negotiations with collaborating parties regarding impact on the intellectual property assets in terms of valuations, bundling and un bundling, conducting due diligence, drafting and reviewing necessary agreements to ease the collaborations.

2• Consulting clients on valuation of their IP portfolio and providing customised legal assistance on research and development agreements and technology transfer agreements, etc.

Corporate and Commercial

The firm has the expertise to provide solutions and strategies for a wide range of corporate and commercial that will crop up in today’s complex competitive environment.

The firm provides guidance to domestic and international clients on matters relating to general corporate compliance including but not limited to investment regulations, sectoral caps and regulatory issues/compliances.

The firm actively advises clients on trade-related issues which directly impact foreign investments in India. Such issues may include preferential market access to Indian companies, localization of technology, transfer of technology etc.

The firm advises clients on::

1• Entry strategy;

2• Legal structuring;

3• Assistance in obtaining approval/clarification from FIPB/RBI, or other Governmental authorities, as applicable;

4• Assistance in obtaining various registrations, licenses, approvals, permissions, etc.;

5• Assistance in compliance of various laws/regulations, as applicable;

6• Assistance in conducting legal audits;

7• Drafting, negotiation and finalization of various vendor contracts, services contracts, etc.

Competition Law/Anti-Trust

Our firm has represented national and multinational clients in a diverse range of sectors including information technology, pharmaceuticals, fiber cement sheets, ports, power, steel, automobile manufacturing, automotive components, the natural gas industry, and sports. Our team advises on a full range of competition law matters, including merger control, anti-competitive agreements, including cartel enforcement, abuse of dominance, competition advisory, competition audit, and compliance.

We represent clients before the CCI, the Competition Appellate Tribunal (“COMPAT”) and the Supreme Court of India.

Scope of Services

Anti-Competitive Agreements

Our firm advises clients on the compatibility of provisions contained in supply and distribution agreements, as well as other exclusive arrangements, cartel investigations, joint ventures etc. for compliance with the provisions of the Competition Act.

Cartel Investigations

Our firm advises  and assists clients on potential cartel investigations and provides solution-oriented advice on steps to be taken to avoid scrutiny by the Competition Commission of India.

Litigation

The firm represents clients before CCI, COMPAT and Supreme Court of India.

Our Expert

Sakshi Agarwal is a fellow member of the Institute of Company Secretaries of India and a qualified Lawyer.
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Sakshi is a corporate and commercial lawyer having completed her LL.B from Campus Law Centre, University of Delhi.
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Harshita is a corporate, commercial and criminal lawyer, having completed her B.A. LL.B (H) from Dr. Ram Manohar Lohiya, National Law University, Lucknow.
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