IP

Protecting your IP is critical to your company’s future. Ensuring you file necessary patents, obtain trademarks and secure copyright protection can be the difference between failure and success.

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If your business is in the field of technology or you have certain patentable subject matters that concern you, it is always a good practice to protect them through patent. Owning a patent or being a continuous/regular patent applicant implies the interest of the company in innovation and invention. Patent will help you determine your territory and expertise in the same, attracting investors to your company. Drafting a patent application forms the main part of a patent. As the patent application largely determines the future of the claimed patent, it must be meticulously detailed and should be very well researched. Government of India under the Startup India Scheme require the startup to bear only the statutory fees regarding patent wherein they will enjoy 80% reduction in cost of filing patents.

In case you think your business deserves a distinctive mark for its recognition, it is important that mark is registered in India as a Trademark. The proprietor of a business can file an application for use by himself or by his business. It can be filed either in the name of the proprietor or in the name of the business. Registrar of Trademark decides whether the application should be accepted for registration or not. If accepted, he publishes it in the Trade Marks Journal, an official gazette of the Trade Marks Registry that is hosted weekly on the official website. Further, in case you think your trademark or a smiliar trademark that could create confusion in the market is being applied for by a different entity you can file an opposition when the trademark is advertised or re-advertised

As a business entity if you are looking to demark your product from that of your competitors or want a protection against competitors copying design of your product, you can approach to get the design of your product protected. Further it must be noted that as India is a party to the Paris Convention                                                                                                                                                            priority can be claimed from applications filed in any country or group of countries or member of inter-governmental organisations to whom the Paris Convention is applicable. 

Unlike trademarks and patents, copyright comes into existence the moment a work is created. While the registration of copyright is optional, from an enforcement perspective, registration is often preferred. For a business entity to avoid unnecessary litigation, it is always a better idea to get the copyright registered. Registration of Copyright can be done in both online and offline mode. Once your copyright is registered, any future claim of it is presumed to be in your favor.