In the competitive business environment of Kerala, protecting intellectual property (IP) is as important as securing physical assets. This case study explores how TGC Legal successfully represented a Kochi-based SME in an IPR appeal, where the outcome was influenced by the interpretation of a commercial property lease agreement.

 

Case Overview

The SME, a growing healthcare technology startup in Kochi, faced a dispute when its landlord attempted to misuse IP created on the leased commercial property. The disagreement centered on whether the commercial property lease agreement granted the landlord any rights over the intellectual property developed during tenancy.

 

Issues Encountered

  1. Ambiguity in the commercial property rental agreement language.

  2. Conflict between lease obligations and IP ownership rights.

  3. The landlord’s attempt to claim co-ownership of software developed on-site.

  4. Risk of losing IP valuation during a funding round.

  5. Absence of a commercial lease termination agreement clause addressing IP.

  6. Lack of clarity on commercial property purchase and sale agreement impact.

  7. Complex overlap of civil law and corporate law issues.

 

Legal Strategy by TGC Legal

  • Lease Agreement Review: Redrafted clauses in the commercial property lease agreement to clearly define asset and IP rights.

  • IPR Litigation: Argued that IP rights are not tied to physical property use.

  • Corporate Structuring: Protected the SME through strong corporate attorney consultation.

  • Civil Law Expertise: Worked with civil lawyers in Trivandrum to manage multi-jurisdictional issues.

  • Negotiation: Prevented litigation escalation through mediation with a commercial solicitor.



Why Commercial Property Lease Agreements Matter in IPR Disputes

  • Clarifies ownership of IP created within the rented property.

  • Prevents landlords from asserting undue claims over tenant innovations.

  • Provides clarity for investors during funding rounds.

  • Avoids conflict in case of commercial lease termination agreements.

  • Protects business continuity during relocation or lease expiry.

  • Ensures legal compliance in commercial space rental agreements.

  • Offers enforceable remedies through commercial real estate attorneys near me.



The Outcome

TGC Legal’s approach not only helped the SME win the IPR appeal but also established a precedent for safeguarding IP through lease agreements. The revised commercial property lease agreement now serves as a model for other SMEs in Kochi and beyond.

 

FAQ

  1. What is a commercial property lease agreement?
     A legal contract between a landlord and tenant outlining terms for renting commercial space.
  2. How can a commercial lease termination agreement help SMEs?
     It clearly defines exit terms, preventing disputes over property or IP.
  3. Can a landlord claim IP created in a leased property?
     Not if the lease agreement clearly assigns IP rights to the tenant.
  4. What is the difference between a commercial property rental agreement and a purchase agreement?
     Rental agreements cover leasing terms, while purchase agreements cover ownership transfer.
  5. Why should SMEs consult civil lawyers in Trivandrum for lease disputes?
     Civil lawyers provide expertise in resolving contract enforcement and property disputes.
  6. What role does a commercial real estate attorney play?
     They draft, review, and enforce property lease contracts to protect tenant interests.
  7. Do SMEs need a corporate attorney for IPR cases?
     Yes, corporate attorneys ensure alignment between business structure and IP protection.
  8. How does a copyright lawyer near me help with IPR disputes?
     They defend ownership rights over creative and software assets in litigation.
  9. What types of clauses must a commercial space rental agreement include?
     Clauses for rent, termination, asset use, IP ownership, and dispute resolution.
  10. How can TGC Legal help SMEs in Kochi with commercial agreements?
     By drafting custom commercial property lease agreements, handling IPR appeals, and providing civil and corporate law expertise.