Biswajit Sarkar, Advocates - IP AttorneysAn IP Law firm with global practices
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Practice

International Filings

Taking Indian brands and inventions to the world, and bringing international rights holders to India.

Overview

More than three hundred of the firm's clients are based outside India. For them, the firm acts as a single point of contact for filing, prosecution and enforcement in India.

For Indian businesses expanding abroad, the firm plans protection country by country, using the international systems where they are efficient and working with trusted associates in markets including Europe, North America, the Middle East and South Asia.

What we do

Services

  • PCT applicationsInternational filings and national phase strategy
  • Madrid ProtocolInternational trade mark registrations from India
  • Paris Convention filingsClaiming priority for patents, trade marks and designs
  • Filing strategyPrioritising jurisdictions by market and risk
  • Foreign associate managementInstructing and supervising local counsel
  • Inbound work for foreign firmsFiling, prosecution and enforcement in India

Our approach

How a matter progresses

The usual course of a international filings matter in India, from first instructions to a final outcome.

  1. Jurisdiction plan

    We identify the markets that matter for sales, manufacture and enforcement, and set a budget and timetable for each.

  2. Base filing

    We secure a filing date in India first. It sets the priority date and opens a 12-month window for patents, or six months for trade marks and designs.

  3. International application

    Where efficient, we use a single application under the Patent Cooperation Treaty or the Madrid Protocol instead of separate national filings.

  4. National entry and examination

    PCT applications enter the national phase within 30 or 31 months of priority. Our associates handle local examination under our supervision.

  5. Grant and portfolio upkeep

    We collect the registrations, docket every renewal across jurisdictions and coordinate enforcement where infringement arises.

Questions

FAQs

General information only. For advice on your circumstances, please speak to an attorney.

Is there a single worldwide trade mark or patent?
No. Rights are territorial. International systems such as the Madrid Protocol and the Patent Cooperation Treaty simplify filing, but protection is ultimately granted country by country or by regional offices.
Can the firm act for foreign companies in India?
Yes. The firm regularly handles filing, prosecution and enforcement in India for foreign companies and their overseas counsel.

Further reading

From our blog

Articles by the firm's attorneys on international filings.

All articles

Official sources

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