India (Commonwealth) _ The Associated Chambers of Commerce & Industry of India (ASSOCHAM) is actively concerned in matters concerning the preservation and implementation of intellectual property rights through its Intellectual Property Rights (IPR) Council.
ASSOCHAM IPFC, under the auspices of ASSOCHAM National Council on IPR, is striving to educate all relevant parties about the importance of intellectual property and provide them with thorough training and understanding on IPR.
It has made significant progress in increasing Indian citizens’ knowledge of intellectual property rights. Regarding this, ASSOCHAM has made valuable contributions through a number of training initiatives and exercises aimed at enhancing the industry’s, the judiciary’s, and law enforcement agencies’ capacities. In addition, the IPR Council serves as a forum for ongoing communication between the government and business community, giving companies a way to address and resolve IPR-related concerns.
It has been heavily engaged in offering MSMEs strategic Policy & Advocacy services for the management of their Technology & IPRs. The primary objective of AIPFC is to facilitate MSMEs in comprehending, recognizing, and utilizing intellectual property rights to establish a competitive edge and achieve business success.
In order to help MSMEs identify their intellectual property and to offer services like IP protection, counseling, and advisory services to help them propel their business endeavor to greatness, AIPFC has been involved. The Ministry of Micro, Small, and Medium Enterprise (Mo MSME), Government of India, and ASSOCHAM have opened Intellectual Property Rights Facilitation Centers (IPFC) at Bengaluru and Delhi.
Intellectual property is an important company asset that can be your primary competitive advantage in a developing market like India. An IP management plan that encompasses all of a company’s intellectual property and determines the best ways to safeguard it should be in place for any exporting to, operating in, or even contemplating India as a potential market.
Since India joined the World Trade Organization (WTO) in 1995, local IP legislation and enforcement practices there and those in the UK would likely resemble each other if you conduct business with India. India has ratified a number of international agreements pertaining to intellectual property rights. Moreover, registration can be used to safeguard rights like copyright, patents, designs, and trademarks.
These rights are enforceable in India, where courts have the authority to swiftly grant injunctions and other interim remedies in the case of violation. The courts may also order those who violate the law to report any gains they make from their violations.
IP rights enforcement
Because IP protection is jurisdiction-specific, even if rights are protected in the UK, they still need to be registered in India. Because there are significant backlogs at the IP registries, it may take months or even years to register a patent, trademark, design, or copyright in India. As such, companies should plan their registration well in advance of entering the market. You may find factsheets on IP registration in India on this page’s right side.
IP protection in India
The three avenues for IP enforcement are the courts, customs, and police. Patents and designs can only be enforced via civil action; trademarks and copyright can be enforced through criminal or civil litigation. Concerning IP enforcement, the hazards are:
systemic and capacity-related issues that the police are facing, made worse by the public’s ignorance of IP protection; judicial delays, in which it may take years for a court to provide a ruling. However, while lawsuits against infringers are being processed, Indian courts have the authority to issue temporary injunctions that offer copyright holders instant remedy;
A significant portion of IP infringements are caused by minor players. Because of this, seizures are often mild and need a prolonged, expensive effort to produce any meaningful influence. Since India’s legal system is founded on common law, just like the UK’s, UK companies doing business there have an edge since they are familiar with the essential procedures.
Ensure that papers, drawings, tools, and samples are physically protected and destroyed to prevent unauthorized copying. To stop authentic items from being marketed under a different brand, protect product packaging and have procedures in place to cope with production overruns.
Give your Indian IP rights to be registered by local attorneys. In India, the process of registering patents, trademarks, designs, and copyright can be lengthy, therefore companies should schedule their registration well in advance of going on sale. Educate staff members on intellectual property rights and protection in general. Make sure employment contracts always have strong IP-related language.
