Arivista Digital- Legal Service

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Trademark Services
Trademark Search, Filing and Registration

Trademark represents a company’s business, and good will associated with it. If appropriately protected and strategized, a trademark can provide tremendous business advantage to an organization. Effective trademark management, and efficient business value creation requires insight into trademark law, keen understanding of business, foresight of possible opportunities, and ability to capitalize on business developments.

We at Arivista Digital provide value added trademark services to help clients maximize business value from their trademarks. From trademark clearance searching, to trademark protection, and brand management, our team offers a very wide range of trademark services and trademark registrations in India, and across the world,

Arivista Digital offers the following trademark services:
  • Trademark Search and Analysis
  • Trademark Filing
  • Trademark Prosecution and Registration
  • Trademark Renewals/Maintenance
  • Trademark Portfolio Management
  • Opposition/Rectification
  • Trademark Risk Clearance
  • Trademark Watch
  • Trademark Litigation Management
  • Domain Name Dispute Resolution
  • Trademark Enforcement
  • Alternative Dispute Resolution
  • Settlement of Trademark Disputes
  • Trademark Strategy
  • International Trademark Filing (Madrid Protocol Filing)
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Copyright Services

Copyrights protect creative expressions in the form of literary, artistic, musical, cinematographic, photographic, and other works. Though copyright protection is automatic on creation of a work, registration of a copyright offers several advantages in enforcing one’s copyrights.

In today’s world of opportunities, especially in the internet/digital realm, several avenues of generating revenues are available to creators, and content owners. In addition to helping clients manage copyright licensing and litigation efficiently, Arivista Digital helps clients strategize dispute resolution, and arrive at amicable settlements.

Arivista Digital offers the following Copyright Services :
  • Copyright Filing and Registration
  • Handling Objections to Copyright Registration
  • Copyright Opinions and Reports
  • Content Protection and Management
  • Copyright Clearance
  • Copyright Contract Review, Drafting and Negotiation
  • Copyright Licensing/Transfers
  • Copyright Enforcement
  • Copyright Risk Assessment
  • Take Down Notices and Process
  • Digital Rights Management
  • Copyright Litigation Management
  • Piracy Management
  • Content Monitoring and Reporting
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IP for Startups & Entrepreneurs

Intellectual Property (IP) is an invaluable business tool for a start up, or an entrepreneur. It provides several advantages to kick start one’s business. For most start ups/entrepreneurs, IP is sometimes the only tool that can give them business/competitive advantage in the market place. By using the exclusivity offered by IP, a start up can get a head start in business and generate revenues.

Having said that, a start up cannot avail the said advantages by merely creating intellectual assets. An invention or creation of an entrepreneur has value only if it is properly protected and safeguarded. Unprotected IP is considered to be in the public domain, free for all to use, and economic strength, presence in the market, etc, supersede a start up’s business future. In addition to protecting its Patents and other forms of IP, a start up must also know how to use such Patents and other forms of IP for its business benefit.

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IP for Business Advantage

Intellectual Property (IP) is an important business tool for companies looking to create and retain competitive advantage in the market. In some instances, independently, and in others, jointly with other tools, IP helps companies retain business advantage and market share. However, to capitalize on intellectual property, a company must uncover its intellectual assets, build a strong IP portfolio, and utilize intellectual property effectively. It is not only modern technology and knowledge driven businesses that have intellectual assets, even traditional companies and non-technology companies generate numerous intellectual assets, which can be used for business benefit.

We, at Arivista Digital, help our clients unearth, protect, manage and utilize intellectual property for business advantage creating various levels of IP awareness uncover intellectual property and take advantage of it for business purposes. We work closely with clients to understand business goals, and to devise protection strategies in line with them.

Once intellectual property is registered/protected, Arivista Digital does the portfolio management experts help the client manage the IP portfolio effectively and efficiently. Our proprietary processes and tools, business insights, and legal dynamics allow us to help clients build and manage highly effective intellectual property portfolios.

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Commercial Agreements

A legal and valid contract or an agreement should have most important ingredients i.e simplicity,clarity,futuristic options,definitions and Straight & small sentences.

The copy paste or stereotype legal agreements/contract and documents may be suicidal and hence a legal expert has to be approached to make a proper legal agreement and for legalvetting of documents

Arivista Digital offers the following Copyright Services :

  1. Legal Vetting of Documents & Agreements
  2. Distributorships & Sales agreements
  3. Due Diligence Advisory & Implementation
  4. Service Contracts & Agreement
  5. Joint Ventures & Back to Back Agreements
  6. Intellectual property and license agreements
  7. Tender Agreements
  8. Job work & Outsourcing agreements
  9. Licensing agreements
  10. Marketing Agreements
  11. Non Disclosure Agreements
  12. Governement & Public Agreement
  13. Supply & Service Composite Agreement
  14. Loan licencee Agreements
  15. Arbitration Agreements
  16. Bank Guarantee Agreements
  17. Safeguard Agreements
  18. Product Recall Agreements
  19. Technology transfers
  20. warranty agreements
  21. Non Competing Agreements
  22. Technical Consultancy
  23. Annual Manintenance Contract etc
  24. Confidentiality Agreements & Non-Disclosure Agreements
  25. Business Agreements
  26. Service Level Agreements
  27. Website Policies like : Terms & Conditions, Terms of Use, Privacy Policy

Below are the terminologies for the better understanding of the legal perspective of the Agreements :

  • Sale & Purchase Agreement: It is agreement that involves pricing negotiation where both the buyer and the seller try to get the best offer before closing a deal
  • Construction Agreement:It is formal agreement for construction, alteration, or repair of buildings or structures (bridges, dams, facilities, roads, tanks, etc.)
  • Distribution Agreement: A distribution agreement is one made between a manufacturer and a supplier to distribute and/or sell items manufactured. The supplier may make such an agreement with separate stores selling the product that involves how goods will be merchandised or how much supplies will available to the store. The agreement may also include terms regarding advertising of a product
  • Employment Agreement: It is a formal agreement that specifies the conditions of relationship between an employee and an employer including compensation and expectations
  • Scheme of Amalgamation: It is a scheme made for arrangement whereby the assets of two companies become vested in, or under the control of one company, which may or may not be one of the original two companies
  • Franchise Agreement: It is an agreement in which a well-established business consents to provide its brand, operational model and required support to another party for them to set up and run a similar business in exchange for a fee and some share of the income generated. The franchise agreement lays out the details of what duties each party needs to perform and what compensation they can expect
  • Joint Venture Agreement: It is a contractual agreement between two or more business partners to assume a common business strategy on a project. All partners generally agree to share the profits and losses through their common shareholdings
  • Non-competition Agreement: It is a contract between two parties, where one party agrees not to compete with the other for a period of time
  • Services Agreement: It is an agreement between two persons or businesses where one agrees to provide a specified service to the other
  • Shareholder Agreement: An arrangement among a company’s shareholders describing how the company should be operated and the shareholders’ rights and obligations
  • Agency Agreement: It is a legal contract creating a fiduciary relationship whereby ‘the principal’ agrees that the actions of ‘the agent’ binds the principal to later agreements made by the agent as if the principal had himself personally made the later agreements
  • Arbitration Agreement: It is a written contract in which two or more parties agree to settle a dispute outside of court
  • Hypothecation Agreement: The established practice of a borrower pledging an asset as collateral for a loan, while retaining ownership of the assets and enjoying the benefits therefrom. With hypothecation, the lender has the right to seize the asset if the borrower cannot service the loan as stipulated by the terms in the loan agreement
  • Collaboration Agreement: It is agreement between two parties for exchange of technical know-how, technical designs and drawings; training of technical personnel and/or research and development; continuous provision of related services
  • Lease Agreement: It is a contract between lessor and lessee for the fixed term for the use on hire of a specific asset selected by lessee
  • License Agreement: It is an agreement where one person grants to other person, a right to do in or upon the immovable property of the grantor, something which would, in the absence of such right, be unlawful and such right does not amount to an easement or an interest in the property
  • Loan Agreement: It is a contract between a borrower and a lender which regulates the mutual promises made by each party
  • Manufacturing agreement: It is a contract that defines responsibilities and bridges the relationship between an original equipment manufacturer and a contract manufacturer
  • Partnership Agreement: It is an agreement between two or more persons who have agreed to share profits of business carried on by all or any one of them acting for all
  • Trust deed: It is an agreement in which an obligation is annexed to the ownership of property, and arising out of a confidence reposed in and accepted by the owner, or declared and accepted by him for the benefit of another or of another and the owner
  • Contract of guarantee: It is a contract where one person makes a legally binding promise to take on the legal responsibilities of another person, if that person defaults in their obligations
  • Assignment deed: It is a form of transfer of property and it is commonly used to refer the transfer of an actionable claim or a debt or any beneficial interest in movable property
  • Power of Attorney: It includes an instrument empowering a specified person to act for and in the name of the person executing it
  • Outsourcing agreements: It is the contracting out of a non-core, non-revenue producing activities to specialists
  • Indemnity Agreement: It is a contract where one party agrees to protect another party against certain future claims or losses
  • Management Agreement: It is contract between the owner of property and someone who agrees to manage it
  • Settlement Agreement: It is an acknowledgment by parties to a civil lawsuit that it is in their best interests to agree to settle their dispute without the need for further litigation
  • Promissory Note: It is an unconditional promise in writing made by one person to another signed by the maker, engaging to pay, on demand or at a fixed or determinable future time, a sum certain in money, to, or to the order of, a specified person or to bearer
  • Release Agreement: It is a legal contract drafted in which one party relieves the other of liability, releasing any rights to legal claims arising out of a given situation
Reference: The Indian Contracts Act, 1872