Other Forms of IP

Other Forms of IP

Other forms of IP include plant varieties, geographical indications and trade secrets.

Plant Varieties: The Plant Varieties and Farmers’ Rights act is unique to India, derived as a way of balancing WIPO obligation with the rights of traditional plant breeders. Plants are excluded from being registered under the Patents Act, so innovators must move under the Plant Varieties Act to have their product registered. 

Our services in this case include analyzing your product to determine what can be registered under the Patents Act (which provides better protection) and needs to be registered under the Plant Varieties Act. We also provide our clients with full-service plant variety registration, with us handling all of the application, prosecution and opposition. Our services also include monitoring for and handling infringements on your registered product through a variety of strategies.

Trade Secrets: While there is no specific legislation protecting Trade Secrets in India, technical know-how and trade secrets are an integral part of many kinds of valuable IP. While patents, for example, involve disclosure norms, the actual process or product cannot be reliably reproduced without assistance and know-how from the true and first owners. Trade secrets are as significant as any other IP in this aspect, and huge R&D costs can be rendered a sunken investment by the leaking of confidential information. Identification of all parties with access to relevant information is a necessary part of protecting Trade Secrets. 

Our services in this case include the drafting of employee agreements with confidentiality restrictions and NDAs with all other related parties who may have access to the information. Trade secrets are significant in that you can only take legal action against parties if you have taken specific measures to protect your secret from the outset, and we advice you on what measures to take.

Geographical Indications: Geographical Indications are a way of monetising and leveraging maximum productivity out of agricultural, natural or manufactured goods with histories behind them. India is a country with a proud tradition of multiple unique works of craftsmanship, and we also have agricultural products native to specialized regions. The GI tag internationally identifies these goods as the unique and non-replaceable items that they are. GI is unique in being a form of IP that protects the rights of a network of people rather than singular producers or artisans. While recognition of GI isn’t necessary for a product to be sold, it greatly increases both market value and the actions that can be taken against counterfeit products. Our services include GI analysis, registration, defense and maintenance.

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