Intellectual Property

Why Does Intellectual Property Matter for Indian Businesses

Buildings, inventory and machinery once made up the bulk of value in many companies. A key asset in certain businesses today may consist of the company name, software, database, product design, content, confidential process or technology, and customer recognition.

If you run a startup in Delhi your product name could be your most important asset. If you own a technology company based in Bengaluru it could be software you created or an invention. Copyright could be vital to a media company in Mumbai. A consumer brand based in Jaipur may rely on trademark and packaging protection. Patents, industrial design rights and confidentiality agreements may all be important if you are a manufacturer in Faridabad, Noida, Pune or Ahmedabad.

Speak to Advocate BK Singh if you have questions about where your business needs registration, where contracts provide sufficient protection, who owns what commercially and how to enforce your rights.

India’s official intellectual property regime includes patents, designs, trademarks, geographical indications and copyright among others.

A final point: most IP registrations made with Indian authorities will provide national protection, not world-wide or regional coverage. Just because you are located in Ghaziabad does not mean your federally registered trademark only applies there. However, where a lawsuit may need to be filed, where evidence is collected, where your commercial activity occurs, where infringement is taking place and terms of business agreements can all matter from a territorial perspective if you have an IP dispute.

That is one reason to avoid equating where a business is located with where IP rights need to be obtained.

Quick Facts About Intellectual Property in India 

• A trademark is protection for a brand name, logo, word, device or other item capable of distinguishing qualifying goods or services.
• Trademark registrations in India are granted for renewable periods of ten years.
• Copyright protection generally exists from the time an eligible original work is created. Registration is not required to obtain copyright protection.
• Patents provide protection for qualifying inventions. Protection is only granted if statutory patentability requirements are met.
• Indian patents are granted for a term of twenty years from the relevant filing date subject to statutory requirements and payment of renewal fees.
• Industrial designs generally qualify for five years of protection, renewable once for an additional five years.
• Intellectual property rights are often licensable, assignable or otherwise commercially exploitable.

What Types of Intellectual Property Require Legal Protection? 

The legal needs for various types of intellectual property are distinct. You may need help with: 

• Registration and protection of trademarks 
• Registration and protection of copyright 
• Legal issues concerning patents 
• Industrial design legal services 
• Protection of brand names and logos 
• Legal disputes over trade secrets and confidential information
• Legal issues regarding licensing of intellectual property 
• Assignment of intellectual property 
• Opposition or rectification of trademarks 
• Intellectual property infringement disputes 

Why Is Trademark Protection Important for a Business? 

Trademark can be for any name, logo, brand name or any identity associated with your business, a slogan, product name or any sign capable of beinggraphically represented and used in commerce. If adequate Trademark registration is not secured, someone can try to use a similar name or logo for their company and cause confusion for your customers and damage to your reputation.

Trademark legal help may be needed for trademark searches and applications, trademark objection, trademark opposition, renewal of Trademark, infringement, passing off actions, licensing and assignment of trademark.

How Are Copyright Rights Protected? 

Copyright may apply to qualifying original works of authorship, such as written work, computer software, art, photography, music, films, website content, design or other creative works. If someone copies, publishes, reproduces, adapts your work or uses your work commercially without your permission, you could find yourself engaged in a copyright infringement dispute. You may need legal assistance with copyright registration, copyright licensing, copyright ownership disputes, cease and desist letters, and enforcing your rights.

When Can Intellectual Property Disputes Arise? 

IP disputes can occur if a competitor or third party imitates your brand, uses deceptively similar trademarks, duplicates copyrighted content, abuses confidential information, copies protected designs or otherwise tries to commercially leverage your intellectual property.

Reputation, revenue, customer loyalty, market share and future business value can be impacted. Reviewing the situation early with legal counsel can help identify what type of intellectual property may be at issue and what rights you may have as the owner.

Intellectual Property Support for Businesses and Creators 

Intellectual property protection should be an element of your overall business strategy whether you are a startup, company, manufacturer, technology business, professional, artist, author, designer or online business.

Agreements for intellectual property are also crucial where IP is licensed or assigned/transferred, created by employees, developed by consultants or where there is joint ownership between business partners. Getting your agreements in order now can prevent ownership and commercialisation disputes in the future.

Commercial Legal Drafting will assist you with Intellectual Property matters, providing advice on ownership issues, protecting your commercial assets, reviewing infringement issues, registrations and disputes. Depending on the nature and complexity of your case, Advocate BK Singh may also consult on your case.

What is IP, or intellectual property?

A bakery in Mumbai, for instance, came up with a new recipe and way to package its goods. They stopped competitors from copying their brand by registering trademarks and copyrights with the help of a corporate lawyer. In the same way, a tech startup in Bengaluru got patents for its software solution, which meant that no one else could copy its algorithm without permission.

What Documents Should Be Kept to Protect Intellectual Property? 

Good record keeping may make the difference between a business that says it owns intellectual property (IP) rights and one that can prove it does.

Other types of IP evidence include: 

• Certificates of registration and applications. 
• Search reports and official correspondence from IP offices.
• IP assignment clauses in founder, employee and consultant agreements.
• Copyright assignments or trademark assignments. 
• Licence agreements, franchise agreements and distribution agreements. 
• Confidentiality agreements and non-disclosure agreements. 
• Proof of creation, adoption and use in commerce with dates.
• Invoices, product packaging, advertisements and web archives. 
• Screenshots and electronic evidence of suspected infringement. 
• Correspondence with the alleged infringer. 
• Complaints made to marketplaces and their responses. 
• Company filings proving which entity within the group should own the IP.

Startup Advisory clients should review their intellectual property ownership at the same time they review founder equity, employment agreements, investor paperwork and commercial contracts.

BK Singh can help review your business for any ownership gaps.

Why it's important to protect intellectual property

• Stops Copying and Misuse: If you don't register, other companies can use your brand or invention without permission.
• Increases Brand: ValueCustomers are more likely to trust a registered trademark.
• Attracts Investment: Investors like businesses that have protected intellectual property.
• Legal Remedies: You can sue someone for damages if they violate your IP.
• Global Recognition: IP protection helps your business identity reach people all over the world.
• At Corporate Lawyer, Advocate BK Singh makes sure that businesses, artists, and innovators get personalized legal advice on how to register, protect, and enforce their intellectual property rights.

Frequently Asked Questions