Protecting Intellectual Property in India: What's the secret?

Is Intellectual Property in India well protected by law?

India has very extensive legislation on intellectual property. This includes all aspects that global companies may encounter: from copyright and trademarks to industrial design and trade and brand names. This legislation is also constantly evolving: various (semi) government bodies and think tanks are working on reforming and adapting this legislation. There are therefore numerous options for companies to properly protect their Intellectual Property in India.

What measures can I take to properly protect my Intellectual Property in India?

Ensure that you have your cooperation documents drawn up and/or checked by a specialized Indian lawyer. Do not wait for a contract proposal from the Indian party, but draw up your own contract together with an Indian IP lawyer. Then have your Indian business partner look at it and implement any changes together in a second round of revision. Such a thorough approach ensures the involvement of all parties and results in an agreement that takes the Indian context into account.

In addition, it is advisable to conduct thorough due diligence on the partner you want to do business with in India. What is their reputation in the market? Who are their main customers? What does the board look like? Who are the shareholders? Are there any legal cases pending or is the company being sued? Have there been any legal conflicts in the past? This information is publicly available and can be made transparent by specialized consultants.

What else should I pay attention to when doing business with Indian customers?

You should always ask potential Indian partners whether they do business with international companies regularly. This says something about their mentality and professionalism. Furthermore, always ensure that you have good contract templates with strong clauses that address and protect Intellectual Property. Good preparation and contractual protection of your IP helps enormously in the event of escalation. Finally, apart from the formal protection measures that you need to take, there is no more effective way to protect your intellectual property than to create a good (personal) business relationship. When you have a good relationship with your Indian business partner, conflicts will rarely escalate via formal routes.