How can intellectual property rights be protected when setting up in India?

How can intellectual property rights be protected when setting up in India?

Answered by

MAHESHWARI & CO.

Published At July 10, 2024

Answer

To protect intellectual property (IP) rights when setting up a business in India, it is essential to understand the legal framework and adopt comprehensive strategies. India intellectual property protection is governed by various laws that ensure the safeguarding of patents, trademarks, copyrights and designs.

  • Patents: India grants patents on a “first-to-apply” basis under the Patents Act, 1970, and its subsequent amendments. The process involves a patentability search, drafting and filing the application, followed by publication and examination​.
  • Trademarks: The Trademarks Act, 1999 enable entities to register trademarks in India. The registration process includes filing the application, publication for objections and eventual registration, valid for ten years.
  • Copyrights: Governed by the Copyright Act, 1957, copyrights protect literary, artistic, musical and dramatic works. Registration involves filing an application, examination and issuance of a registration certificate. The Act ensures comprehensive protection aligning with international standards​.
  • Designs: The Designs Act, 2000, protects original and aesthetically appealing designs with commercial applications. Registration involves filing and examination processes similar to patents and trademarks​​.
  • Geographical Indications (GIs): The Geographical Indications of Goods (Registration and Protection) Act, 1999, safeguards products linked to specific regions, such as Darjeeling Tea or Basmati Rice. Registered entities can prevent unauthorized use through legal actions​​.

To enhance India intellectual property protection, it is crucial to conduct regular IP audits, use non-disclosure agreements and engage legal experts familiar with Indian IP laws.

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