IPR- Memorandum of Understanding

madam,

1.filing of joint application is permissible under law viz Design Act.

2.Kindly note Patent and Design law are totally different in their legal requirement, scope and implications. It all depends on the facts of a case as to which of the two or both have to be chosen.

3.In so for as understanding between both the partners , the same can be reflected through a agreement containing clauses as to what happens if one of the party is unwilling in respect of suggestion/request of other during the time of exploitation/use of such patent or design.   

4.The entire process starts with understanidng which law is applicable Patent and Design law. Then u need to explain to the business implication of both. kindly note patent process takes much longer time ie 3-4 years than design 1-2 years. 

Dear User,

It is really very interesting.

It is possible to do joint application for design / patent registration. Before that you can make a joint IP agreement.

Design registration has to be completed in the manufacturing country, as well as importing countries. All design registration will not fall under patents. It can be just a design registration.

To comment on this issue, we need more details. Since your company is a 100% subsidiary company, before you go ahead with current proposal approval from the parent company would be mandatory.There should not be any conflict of interest.

For more details Contact

Nagaraj

Trademark Attorney & IP Lawyer

IP Lex Global Services

Email: nagaraja_bs@iplexglobal.in

Mob: 9902007635