If you plan to do business in India, or if you are already trading there, it is essential to know how to use, guard and enforce the rights you have over the intellectual property (IP) that you or your business own. Intellectual property (IP) is a term referring to a brand, invention, design or other kind of creation, which a person or business has legal rights over. Almost all businesses own some form of IP, which could be a business asset. Common types of IP include Trademarks, Copyrights and Patents.

• Trademark Registration

• Help establish a unique identity and brand for your goods or services.

• The owner gets the legal protection under the law.

• It creates an intangible asset for an organizationwhich can be sold, franchised or commercially contracted.

• It creates trust, goodwill and quality in the minds of your customer that is unique to your business.

• A trademark registration in India can be used as the basis for trademark registration in other countries if required.

• By registration a trademark is known across the nation and becomes searchable in the trademark database. This prevents competitors and others from using your trademark and puts them on notice.

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• Copyrights Registration

• It serves as prima facie evidence in the court of law over ownership of the work. Therefore, copyright registration gives the owner legal protection for his/her work.

• It will establish that you are serious about copyright infringement. This will help impede unauthorized reproduction of the work as it provides the owner with a host of legal remedies.

• It creates an intellectual property, an intangible asset. Registered copyrights are an intellectual property and the rights can be sold, franchised or commercially contracted.

• Registered copyright can be used for marketing and creating a sense of goodwill and quality in the minds of your customer. Registered copyright show others that you care about your work.

• Works that are copyrighted in many other countries are accorded similar privileges here in India. Likewise, works copyright registered in India are accorded protection in many foreign countries.

• A copyright registration makes work known across the nation and becomes searchable in the copyright registry database. This prevents competitors and others from using your work and puts them on notice.

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• Patent Registration

• Only owners of registered patents are allowed to take action or sue for damages in case of patent infringement. Patent protection is not enforceable for inventions that are not registered.

• Patent registration will provide a unique competitive edge for the business. Competitors will not be allowed to use the patented invention for similar goods or services.

• Patent registration creates an intellectual property, which is an intangible asset for an organization. Registered patent is an intangible asset that can be sold, franchised or commercially contracted.

• A patent registration in India can be used as the basis for patent registration in other countries, if required. Foreigners and Foreign entities can also register a patent in India, if required.

• Patent registrations in India are valid for 20 years from the date of filing of patent application, irrespective of whether it is filed with provisional or complete specification.

• Special patent regime has been announced in the 2016 budget. Income from foreign use of patent developed and registered in India will be taxed at the rate of 10% only.

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