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Intellectual Property 101 – Roshni Lachhwani

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Advocate Roshni Lachhwani is a lawyer by profession. She has worked in many multinational companies in India, as well as law firms. However, she was always interested in and intrigued by Intellectual Property Rights. Thus, her brainchild, Intellexys came into being. It was initially started to provide litigation-free legal solutions.

What is Intellectual Property?

Intellectual property is the creation of your mind. It is an intangible property, for example, brand names, music, content, etc. 

What is the difference between a trademark, copyright and patent?

Trademark helps you recognize the brand value, for example, when you say “I’m lovin’ it”, you are immediately reminded of McDonald’s. 

Copyrights primarily protect literary work, drama, music, recordings, cinematographic, etc.

Patents protect products and processes.eg: design and parts used to manufacture the Apple iPhone is protected under patent.

Who should be concerned about IP and why

Every business must be concerned with IP as it helps you to create strong goodwill which helps you to run your business efficiently in the future.

Your thoughts about IP seriousness in India vs. globally

India is catching up with other countries globally while dealing with intellectual property rights. Businesspersons have started gaining more knowledge about this in the last 5-7 years.

Tell us about Intellexys

It is primarily about providing honest opinions from a branding and a legal point of view. It believes in creating great brands with legal protection. Provided multiple services like drafting and filing patents, copyrights, etc. Also, provides advise on franchise laws, media laws, etc. 

Do startups really benefit from Intellectual property in India?

IP increases the brand value for anyone who applies to it. Moreover, the government of India has also provided some benefits for startups in our country. They provide monetary benefits to these startups.

If some company copies the ideas of another company then what can be done?

We discuss with the company the extent of the infringement and understand whether we should really consider legal action or not and accordingly we come up with the best dispute resolution.

How much time does it take to resolve a dispute?

If it is settled offline, it takes approximately one to two years. If it is taken to court or there is a legal face-off, it might take up to 2 to 5 years, and maybe even more.

What was your eureka moment?

Her Eureka Moment was when she realised how casually intellectual property is being dealt with by individuals nowadays. According to her, no proper consultation was being provided with respect to the branding needs, which are also a part of the intellectual property. The need of the hour was the in-depth understanding of this topic in order to help people to safeguard their ideas and creativity. Adv. Lachhwani realised its importance and decided to take an initiative to primarily focus on it by providing accurate and blatant opinions to the clients regarding the same. She acknowledges how important it is for businesses to build brands and thus she ensures that her clients abide by the legal rules. This is done so that they can strike a balance between the law and branding.

Adv. Lachhwani’s source of motivation, guide and greatest supporter is her mother. An environmentalist, she aims to improve the world by planting many trees. She was nominated for the Asian Legal Business India Law Award as well, under the Youngest Achiever Under 30 category. 

Your suggestions for someone who is dealing with Intellectual Property

  1. Avoid riding over any existing plans. Eg. using any designs or ideas of any existing competitors or brands.
  2. To understand the fact that an idea cannot be protected.
  3. They must always converse with other businesses over email to maintain a record as emails are considered as legal evidence.

What measures should the Indian government take to increase the number of patents in India?

They must undertake seminars for a lot of business owners, inventors and authors. They must expand the already undertaken initiative by increasing the reach among the public. The startup India scheme is also a good project by the government but there is not enough awareness.

Advantages of filing a patent, globally vs. only in India.

  1. The timelines are comparatively shorter to obtain a patent.
  2. They have certain benefits and privileges with respect to business methods and games.
  3. Protection granted to them in other countries can help them for licensing the patent in that country.

Steps should the company take if they know their IP is being competed?

They must approach the other company directly and make sure that they bring to their notice the original idea. Many a time the other party is not aware of the same. If it does not get solved in this way, a legal notice should be issued. If it further does not get solved then we have multiple dispute resolutions available.

You can reach Roshni on

Address

Silver Croft, B/104, Next to Amarnath Tower, Behind Aga Khan Baug, Off Panchmarg, Versova, Andheri West, Mumbai – 400061
Tel: +91-9870370272
Email: info@intellexsys.com

Visit http://intellexsys.in/ for more details

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