Intellectual Property

TO THE CONTROLLER OF DESIGNS

The Patent Office, Kolkata Date: Subject: Application for registration of a design under the Designs Act, 2000 Sir/Madam, 1. APPLICANT Name : Address : Nationality : 2. THE DESIGN Article : Class : 3. STATEMENT OF NOVELTY 4. The Applicant states that the design is NEW OR ORIGINAL, has not been disclosed to the public anywhere in India or in any other country by publication or by use or in any other way prior to the filing date, is significantly distinguishable from known designs or combinations of known designs, and does not comprise or contain scandalous or obscene matter. 5. PRIOR PUBLICATION 6. The Applicant claims to be the proprietor of the said design and applies for its registration in respect of the article named above. 7. The prescribed fee, representations of the design, and the statement of novelty accompany this application. Yours faithfully, Through ENCLOSURES 1. Representations of the design — views as prescribed 2. Statement of novelty 3. Power of attorney, where filed through an agent 4. Prescribed fee FILE BEFORE YOU SHOW IT TO ANYONE This is the point on which…

TO THE CONTROLLER OF PATENTS

STATEMENT REGARDING THE WORKING OF A PATENTED INVENTION ON A COMMERCIAL SCALE IN INDIA (Section 146(2) of the Patents Act, 1970, read with the Patents Rules) Patent number : Patentee/licensee: Financial year : 1. STATUS The patented invention has been: 2. IF WORKED — PARTICULARS 3. IF NOT WORKED — REASONS AND STEPS BEING TAKEN 4. LICENSEES AND SUB-LICENSEES 5. I/We state that the information given above is true to the best of my/our knowledge and belief. Place: Date: PATENTEE / LICENSEE THIS IS A STATUTORY OBLIGATION, NOT AN OPTIONAL RETURN India is unusual in requiring patentees to tell the Patent Office whether their patent is actually being WORKED — used commercially in India — rather than merely held. Section 146 of the Patents Act, 1970 imposes the duty, and it applies to every patentee and every licensee. FAILING TO FILE, OR FURNISHING FALSE INFORMATION, CARRIES PENALTIES. Refusing or failing to supply the information is punishable with a fine, and furnishing information known to be false is punishable with imprisonment as well as a fine. That is a materially more serious…

BEFORE THE REGISTRAR OF TRADE MARKS

PETITION FOR RECTIFICATION OF THE REGISTER UNDER SECTIONS 47 AND 57 OF THE TRADE MARKS ACT, 1999 Impugned registration no. : Mark : Class(es) : Registered proprietor : ... APPLICANT MOST RESPECTFULLY SHOWETH: 1. THE APPLICANT'S INTEREST 2. That the Applicant is accordingly a PERSON AGGRIEVED within the meaning of the Act, and is competent to maintain this petition. 3. GROUNDS FOR RECTIFICATION 4. That the entry complained of is an entry made in the register without sufficient cause, or wrongly remaining on the register, or contains an error or defect, and ought to be cancelled, expunged or varied under Section 57 of the Act. 5. That, further and in the alternative, the impugned mark is liable to be removed under Section 47 on the ground of non-use, no bona fide use of the mark in relation to the goods or services in question having been made by the proprietor for the continuous period prescribed by the Act. 6. That it is in the public interest that the register should be a true record, and that marks which ought not to remain on it should be removed, so that the register does not…

TO THE REGISTRAR OF TRADE MARKS

APPLICATION FOR RENEWAL OF REGISTRATION OF A TRADE MARK Registration no. : Mark : Class(es) : Registered proprietor: Registered / last renewed on : Due to expire on : Sir/Madam, 1. The Applicant is the registered proprietor of the trade mark bearing the above registration number. 2. The Applicant hereby applies for RENEWAL of the registration of the said mark for a further period of TEN YEARS from the date of expiry, under Section 25 of the Trade Marks Act, 1999. 3. The prescribed fee accompanies this application. 4. The Applicant confirms that the mark remains in use in respect of the goods or services for which it is registered, and that the particulars on the register are correct. Place: Date: Through AGENT / ATTORNEY DIARISE THE EXPIRY THE DAY YOU REGISTER A trademark registration lasts TEN YEARS and is renewable indefinitely for further ten-year periods. Nothing about that is difficult — marks are lost because nobody was watching the date, not because renewal is hard. THE SEQUENCE AFTER EXPIRY, and the cost rises at each step: BEFORE EXPIRY renew on payment of the prescribed…

COPYRIGHT ASSIGNMENT DEED

This Deed is executed on between , residing at (hereinafter "the Assignor"), and , residing at (hereinafter "the Assignee"). WHEREAS the Assignor is the creator and owner of the copyright in the work described below, and has agreed to assign the same to the Assignee. WORK DESCRIBED 1. ASSIGNMENT The Assignor hereby assigns to the Assignee all rights, title, and interest in the copyright of the above work, for the consideration of . 2. WARRANTY The Assignor warrants that the work is original and that the Assignor has full right and authority to assign the copyright therein. IN WITNESS WHEREOF the parties have executed this Deed on the date first written above. ASSIGNOR ASSIGNEE

TRADEMARK LICENSE AGREEMENT

This Agreement is executed on between (hereinafter "the Licensor") and (hereinafter "the Licensee"). WHEREAS the Licensor is the owner of the trademark described below and has agreed to license its use to the Licensee. TRADEMARK DESCRIBED 1. GRANT OF LICENSE The Licensor grants the Licensee a non-exclusive license to use the trademark solely for: 2. TERM This license shall remain in force for months from the effective date, unless earlier terminated. 3. FEES 4. QUALITY CONTROL The Licensee shall use the trademark only in the manner and quality approved by the Licensor, and shall not use it in any way that harms the Licensor's reputation or the trademark's distinctiveness. IN WITNESS WHEREOF the parties have executed this Agreement on the date first written above. LICENSOR LICENSEE

TRADEMARK ASSIGNMENT DEED

This Deed is executed on between (hereinafter "the Assignor") and (hereinafter "the Assignee"). WHEREAS the Assignor is the registered owner of the trademark described below and has agreed to assign it to the Assignee. TRADEMARK DESCRIBED 1. ASSIGNMENT The Assignor hereby assigns to the Assignee all rights, title, and interest in the above trademark, together with the goodwill of the business associated with it, for the consideration of . 2. REGISTRATION The parties agree to execute all documents and take all steps necessary to record this assignment with the Registrar of Trade Marks. IN WITNESS WHEREOF the parties have executed this Deed on the date first written above. ASSIGNOR ASSIGNEE

SOFTWARE LICENSE AGREEMENT

This Agreement is executed on between (hereinafter "the Licensor") and (hereinafter "the Licensee"). WHEREAS the Licensor owns the software described below and has agreed to license its use to the Licensee. SOFTWARE DESCRIBED 1. GRANT OF LICENSE The Licensor grants the Licensee a license to use the software as follows: . 2. FEES 3. TERM This license shall remain in force for years from the effective date, unless terminated earlier. 4. OWNERSHIP The Licensor retains all ownership rights in the software. This Agreement grants only a license to use it, not a transfer of ownership. 5. RESTRICTIONS The Licensee shall not reverse engineer, redistribute, or sublicense the software without the Licensor's prior written consent. IN WITNESS WHEREOF the parties have executed this Agreement on the date first written above. LICENSOR LICENSEE

PATENT ASSIGNMENT DEED

This Deed is executed on between (hereinafter "the Assignor") and (hereinafter "the Assignee"). WHEREAS the Assignor is the owner of the patent/patent application described below and has agreed to assign it to the Assignee. PATENT DESCRIBED 1. ASSIGNMENT The Assignor hereby assigns to the Assignee all rights, title, and interest in the above patent/application, for the consideration of . 2. REGISTRATION The parties agree to execute all documents and take all steps necessary to record this assignment with the Patent Office. IN WITNESS WHEREOF the parties have executed this Deed on the date first written above. ASSIGNOR ASSIGNEE

NON-DISCLOSURE AGREEMENT

This Agreement is executed on between (hereinafter "the Inventor") and (hereinafter "the Recipient"). WHEREAS the Inventor wishes to disclose certain confidential information relating to an invention or idea to the Recipient for the purpose of . INVENTION DESCRIBED 1. CONFIDENTIALITY The Recipient agrees to hold the above information in strict confidence and shall not disclose, use, or exploit it for any purpose other than , without the Inventor's prior written consent. 2. NO LICENSE GRANTED Nothing in this Agreement grants the Recipient any right or license to use, develop, or commercialize the invention. 3. TERM This Agreement shall remain in force for months from the effective date. IN WITNESS WHEREOF the parties have executed this Agreement on the date first written above. INVENTOR RECIPIENT

DESIGN ASSIGNMENT DEED

This Deed is executed on between (hereinafter "the Assignor") and (hereinafter "the Assignee"). WHEREAS the Assignor is the registered proprietor of the design described below and has agreed to assign it to the Assignee. DESIGN DESCRIBED 1. ASSIGNMENT The Assignor hereby assigns to the Assignee all rights, title, and interest in the above registered design, for the consideration of . 2. REGISTRATION The parties agree to execute all documents necessary to record this assignment with the Design Office. IN WITNESS WHEREOF the parties have executed this Deed on the date first written above. ASSIGNOR ASSIGNEE

COPYRIGHT LICENSE AGREEMENT

This Agreement is executed on between (hereinafter "the Licensor") and (hereinafter "the Licensee"). WHEREAS the Licensor owns the copyright in the work described below and has agreed to license its use to the Licensee. WORK DESCRIBED 1. GRANT OF LICENSE The Licensor grants the Licensee a license to use the work as follows: . 2. ROYALTY 3. TERM This license shall remain in force for years from the effective date. 4. OWNERSHIP RETAINED The Licensor retains ownership of the copyright. This Agreement grants only a license to use the work, not a transfer of ownership. IN WITNESS WHEREOF the parties have executed this Agreement on the date first written above. LICENSOR LICENSEE

TRADE SECRET PROTECTION AGREEMENT

This Agreement is executed on between (hereinafter "the Owner") and (hereinafter "the Recipient"). WHEREAS the Owner possesses a trade secret described below and has agreed to grant the Recipient access under strict protective conditions. TRADE SECRET DESCRIBED 1. ACCESS PROTOCOLS 2. NON-DISCLOSURE The Recipient shall not disclose, reproduce, or use the trade secret for any purpose other than that expressly authorized by the Owner. 3. TERM This Agreement shall remain in force for years, and the confidentiality obligations shall survive termination for as long as the information remains a trade secret. 4. REMEDIES A breach may cause irreparable harm, entitling the Owner to seek injunctive relief in addition to damages. IN WITNESS WHEREOF the parties have executed this Agreement on the date first written above. OWNER RECIPIENT

BEFORE THE REGISTRAR OF TRADE MARKS

REPLY TO EXAMINATION REPORT Application No. : Mark : Class(es) : Applicant : Examination report dated: Sir/Madam, The Applicant submits this reply to the objections raised in the examination report, and states as follows: 1. OBJECTIONS RAISED 2. THE APPLICANT'S SUBMISSIONS 3. FURTHER SUBMISSIONS 3.1 That the mark applied for is distinctive, is capable of distinguishing the Applicant's goods or services from those of others, and does not fall foul of Section 9 of the Trade Marks Act, 1999. 3.2 That the mark is neither identical with nor deceptively similar to any cited mark, when compared as a whole rather than by dissecting it into parts. The marks differ in appearance, in the idea conveyed, and in phonetic effect, and the goods or services and trade channels are distinct. 3.3 That there is no likelihood of confusion or deception among the relevant public, who are reasonably informed and observant. 3.4 That the Applicant has adopted the mark honestly and in good faith, and has no intention of trading upon the goodwill of any other proprietor. 4. EVIDENCE OF USE The Applicant relies…

IP ASSIGNMENT AGREEMENT (EMPLOYEE INVENTIO…

This Agreement is executed on between (hereinafter "the Employer") and , working as (hereinafter "the Employee"). SCOPE OF WORK 1. ASSIGNMENT The Employee irrevocably assigns to the Employer all right, title, and interest in every invention, design, source code, and other copyrightable or patentable work created within the scope of work described above, including all rights to apply for and hold patents, copyrights, and other IP registrations arising from such work. 2. MORAL RIGHTS The Employee waives any moral rights to the extent permissible by law in relation to the assigned work. 3. FURTHER ASSURANCES The Employee shall, at the Employer's cost, execute any further documents reasonably required to perfect the Employer's title to the assigned IP. 4. CONSIDERATION This assignment is made in consideration of the Employee's regular employment and remuneration, and no separate payment is due for the assignment itself. IN WITNESS WHEREOF the parties have executed this Agreement on the date first written above. EMPLOYER EMPLOYEE

DOMAIN NAME ASSIGNMENT AGREEMENT

This Agreement is executed on between (hereinafter "the Assignor") and (hereinafter "the Assignee"). WHEREAS the Assignor is the registered owner of the domain name and has agreed to transfer all rights therein to the Assignee on the terms below. 1. ASSIGNMENT The Assignor irrevocably transfers and assigns to the Assignee all right, title, and interest in the domain name , including its registration, any associated goodwill, and any content hosted under it as of the effective date. 2. CONSIDERATION The Assignee shall pay the Assignor Rs. as full and final consideration for this assignment. 3. TRANSFER PROCESS The Assignor shall initiate the registrar transfer process (auth/EPP code, unlocking, and approval of the transfer) within 7 days of receipt of consideration. 4. WARRANTY The Assignor warrants that the domain is free of any encumbrance, dispute, or third-party claim as of the effective date. IN WITNESS WHEREOF the parties have executed this Agreement on the date first written above. ASSIGNOR ASSIGNEE

FRANCHISE IP LICENSING AGREEMENT

This Agreement is executed on between (hereinafter "the Franchisor") and (hereinafter "the Franchisee"). 1. GRANT OF LICENSE The Franchisor grants the Franchisee a non-exclusive, non-transferable license to use the trademark, trade name, and associated trade dress "" within , solely in connection with the operation of the franchised business. 2. ROYALTY The Franchisee shall pay the Franchisor a royalty of % of gross revenue, payable as agreed between the parties. 3. TERM This license shall remain in force for years from the effective date, unless earlier terminated for breach. 4. QUALITY CONTROL The Franchisee shall maintain the quality standards, branding guidelines, and operating procedures prescribed by the Franchisor from time to time. 5. NO OWNERSHIP TRANSFER Nothing in this Agreement transfers any ownership in the licensed IP to the Franchisee; all goodwill generated shall inure to the benefit of the Franchisor. 6. TERMINATION Upon termination or expiry, the Franchisee shall immediately cease all use of the licensed IP and remove all branded signage and material. IN WITNESS…

COVER LETTER — APPLICATION FOR COPYRIGHT R…

To, The Registrar of Copyrights Copyright Office, New Delhi Subject: Application for registration of copyright in the work titled "" I, , submit herewith an application for registration of copyright, along with the prescribed fee and statement of particulars, for the following work: Title of work: Class of work: Date of creation/first publication: I declare that the above particulars are true to the best of my knowledge and that I am the author/owner of the copyright in the said work. Date:

CEASE AND DESIST NOTICE

BY REGISTERED POST WITH ACKNOWLEDGMENT DUE / EMAIL Date: To, Subject: Infringement of intellectual property rights of — demand to cease and desist Sir/Madam, Under instructions from and on behalf of my client , of (hereinafter "my Client"), I hereby serve upon you the following notice: 1. MY CLIENT'S RIGHTS 1.1 My Client is the proprietor and lawful owner of the following intellectual property: 1.2 My Client has expended considerable time, effort and money in creating, developing and promoting the said , which enjoys substantial goodwill and reputation, and which is exclusively associated with my Client in the minds of the trade and the public. 2. YOUR INFRINGING CONDUCT 2.1 It has come to my Client's notice that you are engaged in the following: 2.2 Your conduct constitutes infringement of my Client's statutory and common-law rights, and amounts to passing off. It is calculated to deceive and is likely to cause confusion in the minds of consumers, who are likely to believe that your goods or services originate from, or are connected with, my Client. 2.3 Your conduct is causing, and…

BEFORE THE REGISTRAR OF TRADE MARKS

NOTICE OF OPPOSITION UNDER SECTION 21 OF THE TRADE MARKS ACT, 1999 IN THE MATTER OF Application No. for registration of the mark "" in the name of , advertised in the Trade Marks Journal No. AND IN THE MATTER OF OPPOSITION THERETO BY: ... OPPONENT The Opponent hereby gives notice of opposition to the registration of the above application, on the following grounds: 1. THE OPPONENT'S PRIOR RIGHTS The Opponent is the prior adopter, prior user and registered proprietor of its mark, which has acquired substantial goodwill and reputation through continuous and extensive use, and which is exclusively associated with the Opponent in the minds of the trade and the public. 2. GROUNDS OF OPPOSITION 3. FURTHER GROUNDS 3.1 That the impugned mark is identical with, or deceptively similar to, the Opponent's prior mark, and is sought to be registered in respect of identical or similar goods or services. Its registration is therefore liable to be refused under Section 11 of the Trade Marks Act, 1999, there being a likelihood of confusion on the part of the public. 3.2 That the impugned mark is…

CONTENT LICENSING AGREEMENT

This AGREEMENT is made on between , of (the "Licensor"), and , of (the "Licensee"). 1. THE CONTENT The Licensor is the owner of the copyright in the following (the "Content"): 2. GRANT OF LICENCE 2.1 The Licensor grants the Licensee a licence to reproduce, publish, communicate to the public and display the Content, within , through the following media: . 2.2 The licence is limited to the rights expressly granted. All rights not expressly granted are reserved to the Licensor. 2.3 The Licensee shall not sublicense, assign or transfer the licence without the Licensor's prior written consent. 3. TERM This licence subsists for years from the Effective Date, and shall expire automatically thereafter unless renewed in writing. 4. LICENCE FEE 4.1 The Licensee shall pay the Licensor Rs. as the licence fee. 4.2 The fee is exclusive of Goods and Services Tax and is subject to deduction of tax at source under the Income-tax Act, 1961. 5. ATTRIBUTION AND MORAL RIGHTS 5.1 The Licensee shall credit the Licensor as follows: 5.2 The Licensee shall not distort, mutilate or otherwise modify the…

INFLUENCER COLLABORATION AGREEMENT

This AGREEMENT is made on between , of (the "Brand"), and , of (the "Creator"). 1. ENGAGEMENT The Brand engages the Creator to create and publish promotional content on the following platforms: . 2. DELIVERABLES The Creator shall submit each deliverable to the Brand for approval before publication, and the Brand shall approve or request changes within three working days. 3. FEE 3.1 The Brand shall pay the Creator Rs. for the deliverables. 3.2 The fee is exclusive of Goods and Services Tax where the Creator is registered, and is subject to deduction of tax at source under the Income-tax Act, 1961. 3.3 Where products are supplied in addition to or in lieu of fees, their value shall be treated as consideration and taxed accordingly. 4. MANDATORY DISCLOSURE 4.1 The Creator SHALL clearly and prominently disclose the commercial nature of the content, using a disclosure label such as "#ad", "#sponsored", "#paidpartnership" or "#collaboration", placed where it is plainly visible without the viewer having to expand, scroll or click. 4.2 The disclosure shall be in the same language as the…

ONLINE CONTENT TAKEDOWN NOTICE

The Grievance Officer / Nodal Officer Date: Subject: Notice for removal of infringing content Sir/Madam, 1. COMPLAINANT'S DETAILS Name : Address : Email : 2. THE ORIGINAL WORK AND MY RIGHTS I am the owner of the rights in the above work, and I have not licensed or authorised the use complained of. 3. THE INFRINGING CONTENT The following content hosted on your platform infringes my rights: 4. BASIS OF THE COMPLAINT 5. DEMAND I hereby call upon you to: (a) EXPEDITIOUSLY REMOVE or DISABLE ACCESS to the content identified above; (b) Confirm to me in writing the action taken and the date on which it was taken; (c) Preserve all records relating to the uploading of the said content, including subscriber information, IP logs and timestamps, for such period as may be required for legal proceedings; and (d) Take steps to prevent the same content being re-uploaded. 6. STATUTORY BASIS 6.1 Under Section 79 of the Information Technology Act, 2000, an intermediary is exempt from liability for third-party content only where it observes due diligence and, upon receiving actual knowledge,…

JOINT INTELLECTUAL PROPERTY OWNERSHIP AGRE…

This AGREEMENT is made on between , of ("First Party"), and , of ("Second Party"), together the "Parties". 1. THE JOINTLY OWNED IP The Parties have jointly created, or shall jointly create, the following intellectual property (the "Joint IP"): 2. OWNERSHIP 2.1 The Joint IP shall be owned by the Parties jointly in the following proportion: . 2.2 Each Party's interest is an undivided interest in the whole, and not an interest in any severable part. 2.3 Each Party retains sole ownership of its own pre-existing intellectual property, which does not become Joint IP merely by being combined with it. 3. EXPLOITATION 3.1 Neither Party shall license, assign, charge or otherwise dispose of the Joint IP, or any interest in it, WITHOUT THE PRIOR WRITTEN CONSENT of the other Party. 3.2 Neither Party shall grant an exclusive licence over the Joint IP without such consent. 3.3 Each Party may use the Joint IP for its own internal purposes without consent, subject to the revenue-sharing provisions below. 4. REVENUE SHARING Each Party shall account to the other for revenue received from exploitation…