Ashwani Balayan

Ashwani is a partner at ALG. Ashwani focuses on contentious matters, enforcement and litigation at ALG. Ashwani is a registered patent attorney, and his areas of practice primarily span across patents, technology, industrial designs, and trademarks.

Ashwani has experience in drafting patent specifications across vast areas of technology; advising clients on patent eligibility and patentability of inventions; drafting, reviewing and advising on patent claims and drawings; filing and prosecution of patent applications; responses to office actions; preparing design representations; drafting novelty statements & disclaimers; conducting interviews with inventors; filing and prosecuting design applications and attending hearings before Controllers/Officers at the Patents and Designs office. Ashwani also assists clients in obtaining registration for plant varieties and the regulatory compliances in respect thereof. He also advises and assists companies and research institutes in identifying and protecting relevant trade secrets and technical know-hows, by helping them devising policies, guidelines and infrastructure for the same.

Ashwani works with large number of domestic as well as international clients, start-ups, universities and entrepreneurship cells on devising and strategizing IP policy for the entities and individuals. In addition to patents and designs, Ashwani has expertise in prosecution and registration of trademarks and copyrights as well. He also counsels and advised clients in relation to IP in media, entertainment, sports & broadcasting, art, fashion, information technology, data privacy, and cybersecurity.

Ashwani is involved in contentious matters at ALG, such as opposition and cancellation proceedings before the Controller of Patents and Designs, as well as IPAB (Intellectual Property Appellate Board), which includes drafting and filing notices of pre-grant and post-grant patent oppositions and responses thereto, evidence in support of opposition/application, affidavits of evidence, revocation of patents, amendment proceedings, cancellation and rectification of designs, etc. He makes representations before Plant Variety Protection Authority in respect of oppositions and cancelation actions. Ashwani also assists clients in contentious matters such as oppositions, cancellations, rectifications before the Trade Marks Office and Copyright Office as well.

Ashwani works closely with clients in devising effective and aggressive enforcement strategies, which include conducting infringement investigations, drafting and issuing Legal Notices, conducting raids with local officials, registering IP rights with custom authorities, and taking appropriate action before the Patent Office and Designs Office and Plant Variety Protection Authority. He is actively involved in enforcement action involving protection against infringement of trademarks. He also advises clients in enforcement actions involving copyright and related rights, piracy, cyber-squatting, unauthorized access, misappropriation of confidential information, breach of confidentiality, misrepresentation, unfair trade and anti-competitive practices, etc.

His litigation practice involves filing lawsuits, complaints and petitions before high courts, the Supreme Court of India, relevant district courts as well as statutory quasi-judicial tribunals including boards, regulatory authorities and commissions for infringement and/or revocation of patents. He also deals with litigation matters involving piracy of designs, registered plant varieties and copyrights as well as infringement and passing-off of trademarks, wherein he is involved in drafting and reviewing plaints, written statements, interim injunction applications and replies thereto, interlocutory applications, replications, affidavits, appeals/reviews/revisions, written legal submissions, and appearing and presenting arguments in proceedings both initiated and defended by clients. He assists clients in conducting local raids against infringers of patents, copyrights, and trademarks.

He advises clients on transactional matters and has experience in drafting, reviewing, and counseling clients on license and assignment agreements, co-ownership agreements, joint-venture agreements, consent agreements, coexistence agreements, rights re-structuring agreements in respect patents, technology, designs, plant variety registrations, trade secrets, technical know-hows, copyrights and trademarks. Having a technical background, he is involved in drafting and reviewing of technology transfer agreements, agreements for sharing and transfer of technical know-hows and trade secrets, technical assistance agreements, hybrid patent/trade-secret licenses, R&D collaboration agreements, confidentiality agreements, joint development agreements and non-disclosure agreements.

Education, Admissions & Affiliations
  • LL.M. (IPR), University School of Law & Legal Studies, G.G.S.Indraprastha Univ., Delhi
  • LL.B. (IPR Hons.), I.I.T. (Indian Institute of Technology), Kharagpur
  • B. Tech (Biotechnology), University School of Biotechnology, G.G.S.Indraprastha Univ., Delhi
  • FICCI Course on Competition Law & IP Rights
Memberships & Participations
  • Advocate (Bar Council of Delhi)
  • Asian Patent Attorneys Association (APAA)
  • International Trademark Association (INTA)
  • International Association for the Protection of Intellectual Property (AIPPI)
  • Intellectual Property Owners Association (IPO)
  • Non Solicitation
  • Data Privacy & Protection
  • Conflict of Interest Policy
  • Data & Document Retention Practice
  • Firm Management Policy
  • Liability
  • Disclaimer
  • Privilege
  • Copyright