Our firm stands at the forefront of creating judicial milestones. Whether its trademark, copyright, patent, design or Geographical Indications, we’ve been successful in representing both vogue and novel businesses in the matter of these Intellectual properties. We expose and analyze risk, help with moving forward legally and provide simple solutions to complex judicial IP issues as per the requirements of our clients. Our expertise in IP litigation domain covers the following:

1. Enforcement of all the IP rights including trademark, patent, copyright and design rights, managing suits of infringement and passing off, successfully drafting and presenting, appeals, writ petitions, rectifications/revocations petitions etc before the various courts of law in India.
2. Ensuring that criminal enforcement actions are taken in the matters of piracy and counterfeit. By implementing well-backed strategies across the country, we provide all manner of assistance in the matter of IP investigations and enforcement programs.
3. Facilitating our clients with ADR or Alternate Dispute Mechanism that include Arbitration, mediation and conciliation actions to stop the legal matters from escalating further.
4. Presenting the client in commercial legal proceedings in courts PAN India.
5. Managing domain name disputes for all major domain names across many enforcement forums across the world including WIPO/National Arbitration Forum and INRegistry/NIXI.
6. Taking border control measures that include filing custom watch notices.

We pioneer in patent litigation of matters that involves trade agreements involving industrial inventions that have gotten the patent status. We are known to handle patent dispute in a legal, fair and non-discriminatory manner. Our patent litigation team consist of tech-researchers and legal experts who use their capabilities to provide the following services:

1. Preparing multiple informed, flexible and dynamic strategies after doing thorough risk and cost analysis.
2. Enforcing patent rights by representing infringing suits, filing writ petition, revocation petitions, special writ petitions etc in various courts and tribunals across India. Our experts also present cases before the Supreme Court under the very scrutiny of specializing tribunals and administrative bodies.
3. Advising on ADR (Alternate Dispute Resolution) through Arbitration, Mediation and Conciliation in case courtly proceedings are not the best options considered for the clients.
4. Providing foresight to the clients in regards to their legal standing to ensure that they are in the best possible positions in case a legal dispute does arise in future.
5. Taking border control measures for the clients that include filing custom watch notices.

Corporate legal practices come with their own sets of complexities when the clients tend to be more than just individuals. To provide these clients the most suitable assistance possible, our specialized counselling team muster the significant experience that they possess in the following services:

1. Providing clients council in the matter of commercial, corporate, foreign exchange and transactional matters across several domains that include but are not limited to engineering, healthcare, apparel, pharmaceutical, manufacturing, software, automotive, trading and mining.
2. Providing advisory in matters of Greenfield (building a business facility from the ground up) and Brownfield (buying existing facility) investments in regards to India’s foreign investment regulations. Drafting due diligence reports, negotiating with individuals/corporate entities, managing and drafting necessary documentation. We avail clients with entry-legal legal strategies that can aid them in the long term.
3. Drafting agreement and/or documents pertaining to joint ventures such as business transfer/purchase agreements, shareholder agreements, and IP assignment/license agreements. Employee transfer documentation etc. To enhance the viability of joint ventures, the firm also provides advisory services that include exit strategies and investment protection.
4. Liaising with top level business personnel such as chartered accountants, business-partners and third party government agencies to ensure that the clients are able enjoy fruitful and hassle-free project launches.
5. Consulting in the matters of business registration/management and conducting legal due diligence to facilitate better acquisitions.
6. Drafting amalgamation/demerger documents and submitting it to the High Courts.
7. Assisting clients with acquiring business licenses.
8. Consulting clients with Companies Act, foreign Exchange Laws, FDI policies, labour laws, food laws, labelling regulations, package etc.
9. Consulting the clients with IP transactional matters and drafting IP Licenses, franchise arrangements, assignments etc.
10. Representing commercial litigations before various tribunals including Supreme Court, High Court, National Company law Tribunal, NCLAT etc.
11. Absolving the clients of the burden of courtly proceedings by providing them with alternate dispute resolution solutions such as arbitration, mediation and conciliation.

Since the inception of law on geographical indications, our experts have been keenly observing its application process. Now, having filed many applications ourselves, we are well recognized in covering the following services in this domain:

1. Advising, supporting and strategizing in the matters of Geographical Indications.
2. Advising clients regarding the legal steps to take to register geographical registrations.
3. Drafting and prosecuting applications of Geographical Indication Registration, tackling the objections raised the application of geographical indication, providing renewal facilities of Geographical indication registration, and appearing before tribunals in cases related to geographical indications.
4. Enforcing GI rights by filing litigation suits against infringement and passing off before various courts of law in India.
5. Providing clients with third party options to facilitate them with GI registration services in regions that fall outside our jurisdiction.

TMT or Technology, Media and Telecom are infrastructural entities whose complex legal existence can only be justified with the aid of TMT litigation experts. Our TMT services include:

1. Confidentiality Management: We provide legal counsel to clients regarding commercialization, protection and enforcement of technologies that involve pre-transactional strategies – licenses/agreement – to establish transactional safeguards which in protects the sensitive data and to take required enforcement measures to maintain the long-term profitability and protection of the client.
2. Deal Structuring: The team is versed with drafting contracts of re-commercialisation/protection of technology. It’s also proficient in carrying out technical due-diligence, negotiating with the prospective receivers of technology and tackling dispute in redressal forums for rights enforcement.
3. Data Privacy: We are proficient in providing company auditing services that involves following the compliance protocol regarding software licenses taken from third parties vendors for developing proprietary products. Such services are expediently provided to start-ups who want to place legal protocols to protect their businesses from third party claims. The services include drafting usage policies for technical tools, taking adequate take-down measures, training clients employees to research advances data-privacy policies and corporate compliance policies.
4. Media and Advertising: Firm’s attorneys comment and advise frequently on issues involving competition law and comparative advertising, and also assist in ascertaining fiscal impact as much as can be determined. Other services entail advisory on matters of co-branding, methods of maximizing the reach of media content, addressing concerns involving digital online advertising, educating employees about corporate social media policies, while working closely with these employees to ensure cutting work duplicity and costs.
5. Contract Drafting: TMT team also specializes in drafting contracts for auctioning rights of the books for adaptation in cinematographic works, non-disclosure provisions for content protection, content production contracts, profit-sharing contracts between individuals involved with such adaptations.
6. Telecom: We consult on norms of outsourcing and regulatory compliance in regards to IT-enabled services.

The Plant Varieties and Farmers Act 2001 came with several litigations to safeguard existing plant varieties, developing new ones and protecting the rights of the farmers and plant breeders. Even though the law is relatively recent, Blueinkk has been able to accumulate enough experience over the years to assist the clients with:

1. Drafting, filing and prosecuting plant varieties registration application and ensuring that all the pre-registration investigative measures are taken and all the legal formalities associated with licensing and assignment issues are completed beforehand.
2. Representing the cases involved with opposing and defending against infringement.
3. Providing post-registration services including renewal and restoration.
4. Assistance in the matters pertaining to surrender and revocations of certificates, rectifications and correcting entries in plant and varieties register.
5. Representing the clients before the Plant Varieties and Farmers Rights Authority, Plant Varieties Registry and Plant Varieties Protection Appellate tribunal.

The Biological Diversity Act was introduced in 2002. Along with the goal of protection of India’s various ecosystems and habitats, the act also highlights the mechanisms for sharing the monetary benefits arising out of the use of traditional biological resources and knowledge. Our practice in this domain is focused on:

• Drafting, filing and managing the application that seek approval from the National Biodiversity Authority (NBA) for access to biological resources and related traditional knowledge, and applying for intellectual property protection.
• Facilitating clients with end to end services – from obtaining NBA’s approval to enforcement of patent rights – for applications concerned with the biological material obtained from India.
• Attending to and managing the post and preapproval proceedings and formalities that involve the preparation and filing of half-yearly reports of the progress of the research, utilization of biological resources and bio-surveys.
• Drafting and executing ABS agreement and obtaining permits from IRCCs (Internationally Recognized Certificates of Compliance)
• Representing client’s cases before NBA and ABS