Ashwani Balayan 
Attorney - Intellectual Property
 
 

Education:


 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:


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)


 


Ashwani is a registered patent attorney whose areas of practice span across patents, technology, industrial designs, plant variety protection, biotechnology, trade secrets, technical know-how, copyrights, information technology and trademarks.

Ashwani has hands-on experience in conducting prior art and novelty searches, patentability searches, white-space analysis, freedom to operate searches, invalidation searches, infringement searches, technology landscaping etc. and rendering opinion and analysis on the basis thereof. He also assists in searches at the Designs Office, Copyright Office and Trade Mark Office. He conducts searches at the Plants Variety database for notified crops as well as registered/pending varieties and provides clearance and availability opinions on the basis thereof.

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.

He has experience in drafting patent specifications, conducting interviews with inventors, 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, filing and prosecuting design applications and attending hearings before Controllers/Officers at the Patents and Designs office and registration, renewal and maintenance of patents and designs. Ashwani 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. Prosecution and registration of copyrights and trademarks also constitutes a part of his practice.

Ashwani is involved in contentious matters 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 Copyright Office, Copyright Societies, and Trademark 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 involved 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. He is also involved in enforcement action involving protection against infringement of trademarks.

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.


 

 

Areas of Focus:


Patents, Technology

Industrial Designs

Plant Variety Protection, Biotechnology

Trade Secrets, Technical KnowHow

Copyrights, Information Technology

Trademarks

Areas of Practice:


IP Searches, Clearances and Opinions

IP Transactions, Tech-Transfer

IP Prosecution and Rights Registration

IP Oppositions and Cancellations

IP Enforcement

IP Litigation


 


Non Solicitation
| Data Privacy & Protection | Conflict of Interest Policy | Data & Document Retention Practice
 Liability | Disclaimer | Privilege | Copyright
 

ALG India Law Offices LLP - A-2, First Floor, Neeti Bagh, New Delhi - 110049, India

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