In today's competitive marketplace, it is vital that you have a comprehensive plan in place to protect your intellectual property. While most companies include patents and trademarks as key components of their plan, many overlook the existence, role, and/or value of trade secrets. That mistake can prove costly. Trade secrets are prevalent in the clean energy sector. In the solar industry alone, the United States has secured convictions of several individuals for economic espionage, [...]

For the incorporation of a private limited company or a limited liability partnership, the first step to be undertaken is getting approval for your proposed company name. An application for company name approval can be made online. For this, the general process is as follows: An application in the prescribed manner and on payment of applicable fees is to be submitted with the Ministry of Corporate Affairs. After reviewing the application for availability of [...]

In a recent Federal Court decision, Justice Barnes issued a harsh rebuke to parties who had deliberately misled the Registrar of Trademarks into recording a trademark assignment, by omitting relevant parts of the underlying agreement and the dispute between the parties about the agreement. In 2012, Red Cat and Dayton Enterprises entered into a poorly drafted asset acquisition agreement filled with prospective language, such as "will acquire", "will provide", and "will be granted". As part [...]