Intellectual Property
At Bharucha & Partners, we know what it takes to protect, license, and monetise your intellectual property. Our Intellectual Property Practice group is among the best in the country and is recognised for its ability to strategically fend off violations and protect creative expression. Our practice encompasses all facets of intellectual property rights, patents, trademarks, copyright, designs, and trade secrets. In particular, our experience in copyright, trademark, and trade secrets related matters is unparalleled.
We advise and represent clients on all aspects of Intellectual Property including protection and litigation, prosecution, transaction and advisory, enforcement, and management of rights. We work with our experienced Dispute Resolution Practice group to successfully apply for urgent interim injunctions or preliminary discovery. Our significant experience in obtaining Anton Piller as well as John Doe orders from various High Courts in India has ensured that our clients can nip infringements and piracy in the bud.
With our multidisciplinary approach, our clients benefit from the expertise of all our other practice groups to receive tailor-made advice that secures their commercial interests and protects their ideas, creations, and inventions.
Our Intellectual Property Practice advises clients across sectors, ranging from automotive, electronics, FMCG, life sciences, luxury goods, media and entertainment, telecommunications, and pharmaceuticals to technology.
Our lawyers have represented clients on several landmark and first-of-its-kind matters including representing leading FM radio operators concerning the fixing of a compulsory copyright license fee, a first under India’s copyright laws. We were also involved in the first- ever John Doe order being passed by the Delhi High Court in the case of a sports property owner and the landmark ruling of the Supreme Court of India with respect to the liability to pay license fees for underlying musical works and lyrics.
Indicative Experience
- Advising and representing the nodal association and foundation for all leading television broadcasters in the country with respect to matters concerning the intellectual property regime and issues that have an impact on the industry.
- Representing Synergy Media Entertainment Limited before the Supreme Court of India in a landmark ruling with respect to the liability to pay license fees for underlying musical works and lyrics.
- Representing leading private FM radio operators before the Copyright Board, High Courts of Delhi, Bombay, and Madras, and the Supreme Court of India in the first ever case with respect to fixing a compulsory copyright licensee fee by the Copyright Tribunal.
- Advising and representing the Events and Entertainment Management Association with respect to copyright issues pertaining to licensing of music as well as providing on- ground support with the police in various states where live events were hosted.
- Advising and representing Sony Entertainment Television Limited, SunTV Network, and Viacom18 Media Private Limited before the Supreme Court of India and various High Courts of India with respect to distribution, piracy, content regulation and related issues, and providing on-ground support with the police vis-à-vis anti-piracy raids.
- Advising leading telecom companies with respect to India’s first ever case on Standard Essential Patents (SEPs).
- Advising leading broadcasters with respect to the interface of copyright and competition law.
- Advising television broadcasters and FM radio operators as well as leading sports franchisees with respect to allegations of infringement of ‘performers’ rights’ under the Copyright Act, 1957.
- Representing leading artistes in two landmark cases with respect to ‘moral rights’ pertaining to a film and an artistic work.
- Advising celebrity management companies with respect to the right of publicity actions.
- Representing an individual patent owner with respect to patent infringement by multinational software companies.