REAL ESTATE
We at Agnihotri & Jha Associates® represent developers, contractors, builders, consultants, flat purchasers, etc. Our real estate practice covers providing legal opinion on all immovable properties including residential, commercial, industrial and agricultural properties. We have a wide gamut of experience in conducting Title Investigations, Due Diligence, Drafting, Reviewing & Negotiating various types of transactional documentation.
Trademarks:
The name or nick name of the building – or indeed associated brand logos – can often be protected by a trade mark registration. For example the Eiffel Tower, Arc de Triomphe, Trump Towers, Canary Wharf, the Hydro, the Gherkin, the Shard……are only a few.
Such protection should be considered even when deciding to come up with a catchy name in the first place. Not only could there be pre-existing trade mark rights that could present difficulties in breaching 3rd party IPRS but there could be problems in obtaining a registration if for example, the name chosen is not sufficiently distinctive to qualify for protection. Registered trademarks will also tend to be more attractive to 3rd party investors / purchasers of the property concerned.
The shape of a building could also potentially be trademarked but this is still a relatively new area and the hurdles can be high.
Copyright in the plans or in the buildings themselves?
There will be copyright arising automatically unless they have assigned it on to the owner or are an employee of the owner. This can be thought about at the start and assignation obtained if possible to secure the copyright.
Design Right
Registered as well as the unregistered design rights can also be an option for particular features. This being a complex area, the building design should be novel and have individual character to qualify for registered design.
Buildings and IPRs?
The value there can be in the IP in the various features of a building or development whether commercial or residential is becoming more important and thought should be given to this by all property developers, owners and investors from the outset of their planning. Not only can it add to the value of the real estate but merchandising rights can be very valuable. IP can thus be effectively exploited financially by way of licensing out the IP in a controlled way in relation to 3rd party products and services.
We at Agnihotri & Jha Associates® represent developers, contractors, builders, consultants, flat purchasers. Advice is also given on all aspects of strategic planning, disputes in the real estate, flat purchasers. Taking searches, investigating property title, issuing Public notice, and steps required to comply with for purchase and/or sale of property, preparing the required documents. Advice on building and real estate property ownership, building and development contracts, leasing, license etc.
Our firm’s real estate practice covers providing legal opinion on matters including title, interest, encumbrances on all immovable properties including residential, commercial, industrial and agricultural properties. We have a wide gamut of experience in conducting Title Investigations, Due Diligence, Drafting, Reviewing & Negotiating various types of transactional documentation. Having practiced in this field for several years, our team has in-depth knowledge of the laws, regulations, restrictions and nuances of the property and real estate laws in India, including the recently enacted RERA. Relied on by developers, buyers, owners, private and institutional investors, corporates and lenders to understand industry trends and their impact on business, we assist them to navigate the complexities of the markets in which they currently or plan to operate.