Are you among people who own businesses exporting to or operating
in India or who are considering it as a future market? Note that your Intellectual Property (IP) is a valuable
business asset, and in an emerging market such as India could be your main
competitive advantage. Hence, you should have an IP management strategy that
identifies all of your IP to protect them and extract profit from them.
India has been operating as a member of the World Trade
Organization (WTO) since 1995. Therefore, it is common to find similarities
between the IP Law of India and that is in force
in the UK. India is also a signatory to several international treaties on Intellectual Property Rights (IPRs) like
trademarks, patents, and Industrial Designs, which can be protected
through registration. Enforcement procedures of these rights are taken care of
by the Indian courts that can provide interim remedies like injunctions in the
event of an infringement. The courts can even instruct perpetrators to accounts
for monetary or other profits generated from infringement.
Registering IPRs in India
Intellectual
Property Protection is jurisdiction-specific. It means the registration of IP in
India is essentially required even if they are already protected in the UK.
Considering backlogs at the IP registries, registration of trademarks,
copyrights, patents, and others could take months or years. So the businesses
should plan to register their IP prior to entering the market. Indeed, even the
experienced IP Attorneys suggest that the
owners should register their IP as soon as they could.
IP Enforcement in India
In India, there are three IP enforcement channels, including
police, customs, and judiciary. Patents and designs can be enforced through
civil litigation, whereas trademarks and copyrights can be enforced through any
of the criminal or civil litigation. Some remarkable risks with IP enforcement
in India are as follows:
- Systematic
and capacity associated issues, compounded by lack of awareness regarding
IP protection amongst the public
- Judicial
delays, where Indian courts can take months or even years to come to a
final verdict. However, they can grant interim injunctions that offer
immediate relief to the rights-holders pending the consequences of cases
against infringers
- Small
players account for several IP infringements. It means that breakdowns,
even if small, require sustained and costly efforts to make any vital
impact.
A noticeable advantage for the foreign businesses running in India
is that the legal system is based on law common to several nations, so the
fundamental processes are quite similar.
Checklist for an Operative IP Strategy in India
India is one of the continuously emerging markets that can help
new players and already established businesses to make considerable profits,
which can then add to their growth and success. Some of the steps you should
consider to build an IP strategy that can ensure your growth, along with
keeping the IP issues away, are:
Be Meticulous as Prevention is Better than Cure
The foremost thing you should do is to be aware of as much
information as possible. Find out local risk reviews, seek advice from IP
experts, and go through websites rendering information on IP related subjects.
Conduct proper risk assessments and due diligence on individuals,
organizations, or any third-party that you will be dealing with either for
licensing your IP or anything else. It will provide you with an idea on how to
protect your genuine products from being infringed, i.e., copied or sold under
a different name or by an unauthorized user.
Secure Your IP Rights
Under the assistance of an experienced IP Lawyer, register your IPRs in
India. Since registration could take time, you should plan for the same well
ahead of entering the market. Stay careful during the entire process from
application to grant of the registration certificate.
Don’t Miss the Dispute Resolution Clauses
Besides including appropriate dispute resolution clauses in legal
contracts, you should also consider mediation before defensive action. Reduce
risks of infringement by ensuring that your contract is watertight in relation
to your IP Rights. Nevertheless, if you still face piracy or violation, then it
is better to appoint a skilled attorney who can understand your concern and
initiate appropriate legal proceedings.
Build Good Relationships with Helpful Organizations
There are many organizations and individuals that can help you
with subjects related to your IP. For instance, suggestions can be acquired
from organizations like the UK India Business Council, the UK IPO, and Chambers
of Commerce. You may also consult with agents, suppliers, and distributors who
conduct similar businesses in India on how to safeguard your IP rights in this
nation.
Believe in Constant Innovation
In the emerging economies where a large number of players account
for several infringements, constant innovation often acts as a key to protect
your competitive advantage. While IP protection boosts innovation, constant
innovation provides an added protection against infringers.
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