Corporate, Commercial & Finance
Intellectual Property
Protection and enforcement of patents, trade marks, copyright and designs, from registration and licensing to infringement actions.
Intellectual property is often a business's most valuable asset, and it is only as strong as the way it is registered, licensed and enforced. The firm advises on protecting and commercialising patents, trade marks, copyright and designs, and on enforcing those rights against infringement, as well as on defending against claims of infringement.
IP disputes are fact and document intensive, turning on the scope of a registration, the priority of use and the detail of the alleged infringement. The firm prepares them on that detail.
Patents
Patents are governed by the Patents Act, 1970. Indian law sets a deliberately high bar for patentability: in Novartis AG v. Union of India the Supreme Court applied Section 3(d), which guards against the evergreening of known substances, and refused a patent for a new form of a known drug that did not show enhanced efficacy. The firm advises on patentability, prosecution and the enforcement and defence of patent claims.
Trade marks, copyright and designs
Trade marks are protected under the Trade Marks Act, 1999, copyright under the Copyright Act, 1957, and designs under the Designs Act, 2000. The firm advises on registration strategy, on licensing and assignment, and on the use of unregistered marks through the law of passing off, so that a business's brand and creative work are properly protected.
Enforcement and infringement
When rights are infringed, the usual remedies are an injunction, damages or an account of profits, and the delivery up of infringing goods. The firm acts for rights-holders seeking to enforce, and for businesses defending against claims, building each case on the registration, the evidence of use and the detail of the alleged infringement.
The legal framework
The principal statutes and the provisions that most often decide these matters. Statute text can be read in the firm's Legal Library; always check the current version at the official source.
Patents Act, 1970 · Act 39 of 1970
- Section 3(d) — limits the patenting of new forms of known substances absent enhanced efficacy, guarding against evergreening.
Trade Marks Act, 1999 · Copyright Act, 1957 · Act 47 of 1999
- Trade Marks Act — registration and protection of marks, and the action for infringement and passing off.
- Copyright Act — protection of original literary, artistic, musical and other works.
Designs Act, 2000
- Designs — protection of the registered design of an article.
Key judgments
Grouped by issue. Each case is cited from the court's own record; open a heading to read it.
Patentability (Section 3(d)) 1
Novartis AG v. Union of India Supreme Court
(2013) 6 SCC 1
Applying Section 3(d) of the Patents Act, the Court refused a patent for a new crystalline form of a known drug that did not demonstrate enhanced therapeutic efficacy, confirming Indian law's guard against the evergreening of patents.
How we work on these matters
The firm advises on protecting and commercialising IP through sound registration, licensing and assignment, not only on disputes after the event.
Enforcement and defence are built on the registration, the evidence of use and the specific detail of the alleged infringement.
Advice on the strength of a right or a claim is given candidly before a costly contest is begun.
Frequently asked questions
Should I register my trade mark, and why?
Registration under the Trade Marks Act gives the strongest and clearest protection and makes infringement easier to enforce. An unregistered mark can still be protected through the law of passing off, but that is harder to establish, so registration is usually worthwhile.
Why are some patents refused in India?
Indian law sets a high bar. Section 3(d) of the Patents Act, applied in Novartis, prevents the patenting of new forms of a known substance unless they show enhanced efficacy, which is intended to stop the evergreening of patents. Patentability should be assessed carefully before filing.
Someone is copying my product or brand. What can I do?
Depending on the right involved, you may seek an injunction to stop the infringement, damages or an account of profits, and delivery up of infringing goods. The firm assesses the strength of your right and the evidence, and pursues the appropriate remedy.
This note is general information on the law as at Jun 2026, not legal advice on any specific matter. The law changes; for advice on your facts, please speak to the firm.
Tell us about your matter.
Share the facts and we will tell you, candidly, where you stand and how we can help.