IP Protection for Chinese Companies in India :A Guide to Brand & Technology Protection
We provide specialized IP protection services for Chinese companies in India, moving beyond simple registration to implement a comprehensive, multi-layered strategy of defense, enforcement, and monetization.
The AMLEGALS ‘IP Fortress’ Doctrine: A Three-Layered Defense
Layer 1: The Foundation – Registration & Prosecution
- Trademark Registration: We conduct comprehensive searches and secure the registration of your brand names, logos, and slogans. This provides the legal foundation for all future enforcement actions.
- Patent Filing & Prosecution: We assist in filing patent applications in India, either directly or through the PCT route, to protect your technological innovations and secure a legal monopoly.
- Design & Copyright Registration: We secure registrations for unique product designs and software code, adding further layers of protection against imitation.
Layer 2: The Perimeter – Monitoring & Border Control
Registration alone is not enough. You must actively monitor the market and control the borders.
- Market Monitoring: We work with investigators to monitor online marketplaces and physical markets for infringing products and counterfeit goods.
- Customs Recordal: This is a powerful and cost-effective tool. We record your registered trademarks with Indian Customs authorities. This empowers customs officials to proactively seize infringing goods at the border before they can even enter the Indian market.
- Online Brand Protection: We implement strategies for taking down infringing listings on major e-commerce platforms and social media.
Layer 3: The Counter-Attack – Aggressive Enforcement
- Cease & Desist Notices: A strongly worded legal notice from a top law firm is often enough to halt infringement from smaller players.
- Civil Litigation: We file infringement lawsuits seeking injunctions (to stop the infringing activity), damages (to compensate for your losses), and orders for the seizure and destruction of counterfeit goods.
- Criminal Raids: In cases of large-scale, willful counterfeiting, we work with law enforcement to initiate criminal proceedings and conduct raids on the infringer’s premises to seize goods and evidence.
Strategic Considerations for Chinese Brands
- Transliteration & Translation: It is crucial to protect not only your brand name in its original script but also its phonetic equivalent in Hindi/Devanagari script and its English translation to prevent cybersquatting and brand dilution.
- Protecting Trade Dress: The unique look and feel of your packaging (your “trade dress”) can also be protected. We help build the evidence required to enforce these rights against copycat products.
- Employee & Vendor Contracts: We draft ironclad NDAs and employment contracts to protect your trade secrets and prevent IP leakage from within your own supply chain.
FAQs
Q: We found a company in India using a very similar brand name. What is the first thing we should do? A: The very first step is to conduct a discreet investigation to understand the scale of their operations. Do not send a notice immediately. The second step is to check the trademark registry to see if they have filed for the mark. This initial intelligence gathering is crucial for shaping the optimal enforcement strategy—whether it’s a simple takedown, a formal opposition at the registry, or an immediate lawsuit.
Q: Is it expensive to fight counterfeiters in India? A: While litigation can be costly, a strategic and phased approach can be very effective. Often, a combination of customs recordal and targeted cease & desist notices can resolve 80% of the problem at a relatively low cost. Litigation is reserved for high-value targets. The cost of not acting is always higher in the long run.
Q: Can we protect our mobile app’s user interface in India? A: Yes, through a combination of legal tools. The underlying code can be protected by copyright. The unique graphical elements and icons can be protected as trademarks. The overall layout and sequence of screens (the GUI) can potentially be protected as a design. We use a multi-pronged approach to create a comprehensive shield.
Contact Info
To discuss with our expert lawyers, please reach out to us.
- Email: info@amlegals.com
- Boardline : +91-8448548549
- Offices:Ahmedabad, Mumbai, Pune, Bengaluru, Kolkata, Delhi, Chennai, Hyderabad, Surat